Maine Revised Statutes Title 29-A Sec. 957 – Licensing of locations other than primary facilities
Current as of: 2023 | Check for updates
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1. Annex license. The Secretary of State may issue to a dealer a license to operate an annex facility. An annex facility must be an established place of business, except that books and records may be kept at the dealer’s primary location. An annex facility must meet the requirements of section 952, subsection 1. The annual fee for an annex license is $150.
[PL 1997, c. 437, §26 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 29-A Sec. 957
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Contract: A legal written agreement that becomes binding when signed.
- Dealer: means a person engaged in the business of buying, selling, exchanging or offering to negotiate, negotiating or advertising the sale of a vehicle or industrial equipment and who has:
A. See Maine Revised Statutes Title 29-A Sec. 851Equipment dealer: means a dealer whose primary business is the buying or selling of new or used industrial equipment or both, or farm equipment, or both. See Maine Revised Statutes Title 29-A Sec. 851 Established place of business: means a permanent, enclosed building:
A. See Maine Revised Statutes Title 29-A Sec. 851License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 New vehicle dealer: means a dealer whose primary business is the buying and selling of new motor vehicles and who has a franchise from a distributor or manufacturer. See Maine Revised Statutes Title 29-A Sec. 851 Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Trailer: means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on railroad tracks, and so constructed that no part of its weight rests upon the towing vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Trailer dealer: means a dealer whose primary business is the buying and selling of new or used trailers or semitrailers, or both. See Maine Revised Statutes Title 29-A Sec. 851 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
2. Secondary location license. The Secretary of State may issue to a dealer a license to operate at a secondary location. For the purposes of this subsection, “secondary location” means a display area that complies with applicable building codes and zoning and land use ordinances, is large enough to display at least 2 vehicles and contains signs posting the business’s name and operating hours. The annual fee for a secondary location license is $100.
[PL 2013, c. 381, Pt. A, §3 (AMD).]
3. Attended sales promotion. The Secretary of State may issue to a dealer a permit for up to 90 days to operate an attended sales promotion at one or more locations inside this State. A request for an attended sales promotion must be submitted to the Secretary of State at least 48 hours before the proposed promotion and must contain the proposed promotion dates. The promotion must comply with applicable building codes and zoning and land use ordinances. A new vehicle dealer who requests a permit under this subsection for a promotion involving new vehicles may not locate the promotion outside that dealer’s area of responsibility as defined by the dealer’s franchise agreement. A dealer who operates an attended sales promotion at an agricultural fair or other agricultural event or at a charitable event where a vehicle is displayed or offered as a prize for fund-raising purposes is exempt from this subsection. An equipment dealer or trailer dealer is exempt from this subsection if the sales promotion does not include motor vehicles and does not exceed 90 continuous days. The fee for an attended sales promotion is:
A. Fifty dollars if the promotion runs for 7 or fewer days; [PL 2009, c. 435, §15 (NEW).]
B. One hundred dollars if the promotion runs for more than 7 but no more than 60 days; and [PL 2009, c. 435, §15 (NEW).]
C. One hundred fifty dollars if the promotion runs for more than 60 days but no more than 90 days. [PL 2009, c. 435, §15 (NEW).]
[PL 2009, c. 435, §15 (AMD).]
4. Unattended sales promotion. The Secretary of State may issue to a dealer a permit to operate an unattended sales promotion. A request for an unattended sales promotion must be submitted to the Secretary of State at least 48 hours before the proposed promotion and contain the proposed promotion dates and, if applicable, a copy of a contract between the dealer and the promotion sponsor. The promotion and any use of a location must comply with applicable building codes and zoning and land use ordinances. A new vehicle dealer who requests a permit under this subsection for a promotion involving new vehicles may not locate the promotion outside that dealer’s area of responsibility as defined by the dealer’s franchise agreement. An equipment dealer or trailer dealer is exempt from this subsection if the sales promotion does not include motor vehicles and does not exceed 90 continuous days. The fee for an unattended sales promotion is:
A. Fifty dollars if the promotion runs 7 days or less; [PL 1997, c. 437, §26 (NEW).]
B. One hundred dollars if the promotion runs between 8 and 60 days; or [PL 1997, c. 437, §26 (NEW).]
C. One hundred fifty dollars if the promotion runs more than 60 days. [PL 1997, c. 437, §26 (NEW).]
A dealer who operates an unattended sales promotion at a charity event where a vehicle is displayed as a prize is exempt from the permit fee requirements.
[PL 2009, c. 598, §33 (AMD).]
5. Penalty. A person commits a Class E crime if that person conducts an activity authorized by a license or permit under this section without obtaining that license or permit.
[PL 2007, c. 5, §3 (AMD).]
SECTION HISTORY
PL 1997, c. 437, §26 (NEW). PL 2001, c. 361, §27 (AMD). PL 2007, c. 5, §§1-3 (AMD). PL 2009, c. 435, §15 (AMD). PL 2009, c. 598, §33 (AMD). PL 2013, c. 381, Pt. A, §3 (AMD).