Arizona Laws 28-4401. Off-premises exhibition, off-premises display and sales and special event permits; parking motor vehicle for sale on public property; prohibition; defaced vehicle identification number; mandatory immobilization or impoundment
A. A licensed motor vehicle dealer may conduct an off-premises exhibition, an off-premises display and sales or a special event by permit.
Terms Used In Arizona Laws 28-4401
- Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Drive: means to operate or be in actual physical control of a motor vehicle. See Arizona Laws 28-101
- Exhibitor: means a manufacturer of new motor homes that exhibits new motor homes at a special event. See Arizona Laws 28-4301
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
- Motor vehicle dealer: means a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle. See Arizona Laws 28-4301
- Off-premises display and sales: means a promotion or sale of motor vehicles for a period of time as specified by the director that both:
(a) Is sponsored by a licensed motor vehicle dealer, the licensed motor vehicle dealer's agents or the manufacturer. See Arizona Laws 28-4301
- Off-premises exhibition: means the exhibition of a motor vehicle for a period of time as specified by the director at a location within the same county but not at the established place of business of a licensed motor vehicle dealer and at which a solicitation or sale does not occur. See Arizona Laws 28-4301
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Special event: means an exhibition of new motor homes by a motor vehicle dealer licensed to sell new motor homes or an exhibitor for a period of time specified by the director at a location in this state other than the licensee's or exhibitor's established place of business. See Arizona Laws 28-4301
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
B. An Arizona franchised new car dealer association may conduct a motor vehicle show by permit.
C. An exhibitor that does not have a licensed franchised dealer in this state may conduct a special event by permit. An exhibitor that has a licensed franchised dealer in this state is limited to participating in a special event through the exhibitor’s licensed dealer. A licensed motor vehicle dealer or an exhibitor shall not make a solicitation or sale at a special event.
D. An applicant for an off-premises exhibition, an off-premises display and sales or a special event permit shall submit proof to the department that the proposed site is in compliance with local zoning ordinances.
E. An off-premises exhibition permit, display and sales permit or special event permit is not assignable.
F. A special event shall not be held at the same location at which an off-premises exhibition or an off-premises display and sale are held.
G. Except as otherwise provided in this section, a motor vehicle dealer or person acting as a motor vehicle dealer shall not park a motor vehicle for the primary purpose of displaying the vehicle for sale or for transfer of ownership on any of the following:
1. A public street or highway.
2. A public parking lot.
3. Any other public property.
4. Any private property if the public may lawfully drive a motor vehicle on the property. This paragraph does not apply if the property is a motor vehicle dealer’s lot and the motor vehicle that is parked on the property is in the motor vehicle dealer’s inventory.
H. A vehicle that is displayed for sale with a vehicle identification number that has been destroyed, removed, covered, altered or defaced is subject to mandatory vehicle immobilization or impoundment pursuant to section 28-3511.