Section 75IAC6-2-6. Wholesale dealer license requirements

   (a) Wholesale dealers must be licensed by the secretary of state under IC 9-32.

  (b) The license fee from IC 9-29-17 [IC 9-29-17 was repealed by P.L.174-2016, SECTION 13, effective July 1, 2016.] is due with the application and is nonrefundable.

  (c) Wholesale dealers must be properly licensed in order to receive wholesale dealer plates.

  (d) In addition to the requirements outlined in IC 9-32, a wholesale dealer must meet the following minimum requirements:

(1) The wholesale dealer must provide a:

(A) federal identification number; and

(B) retail merchant's certificate number.

(2) The wholesale dealer must be covered by business liability insurance under IC 9-32-11-14.

(3) The wholesale dealer must be in good standing with the:

(A) bureau of motor vehicles;

(B) department of state revenue;

(C) state police; and

(D) secretary of state.

(4) The wholesale dealer must, for the entire licensing period, have an established place of business with an Indiana address that is not:

(A) an Indiana post office box address;

(B) a location that functions like a mailbox box facility; or

(C) a location that only provides ministerial services by a contract employee.

(5) Wholesale dealer licenses and wholesale dealer plates shall be mailed to the business address only.

(6) Only one (1) wholesale dealer can be licensed from the sale address or established place of business.

(7) The wholesale dealer's office shall:

(A) be accessible to other dealers, the secretary of state, and the public as necessary;

(B) be at least one hundred (100) square feet in size;

(C) be equipped with office furniture such as a desk, chairs, and filing cabinets;

(D) be served with utilities such as:

(i) electricity;

(ii) lighting;

(iii) heat;

(iv) operational plumbing; and

(v) a business telephone;

(E) be reflective of functional use and operation of the license; and

(F) if housed in a multi-office building, have exterior signage on the office door and within the curtilage of the building. Exterior signage requirements may be modified if in conflict with local zoning ordinances.

(8) The wholesale dealer must provide photographs of the established place of business with the initial application for wholesale dealer license. These photographs must include, but are not limited to, following:

(A) Office space.

(B) Exterior advertising sign.

The photographs must not be less than three (3) inches by five (5) inches in size. The photographs will be required to be updated if the wholesale dealer is moved or if its physical location is substantially altered or modified. Digital photographs must be unaltered and verifiable.

(9) Wholesale dealer operations must be conducted from the licensed location with the exception of attendance at automobile auctions or other work that must be conducted in person or face-to-face outside of the office. For purposes of this section, wholesale dealer operations do not include ministerial tasks, mail forwarding, telephone answering arrangements, and similar tasks not constituting substantive business functions.

(10) Each wholesale dealer must submit to an investigation at the discretion of the secretary of state within one hundred twenty (120) days following issuance of the wholesale dealer license. Each wholesale dealer will be contacted at the address given on the license application.

(11) A wholesale dealer must sell a minimum of one hundred twenty (120) vehicles per license year. The secretary of state may modify this requirement if the dealer is otherwise in compliance with all other applicable laws and administrative rules. Any modification shall be after submission and review of the wholesale dealer's current business plan and operation.

(12) A wholesale dealer may not sell vehicles to the general public.

  (e) Unless conflicting with the provision of this section, all rules that the secretary of state finds applicable governing dealers shall apply to wholesale dealers. (Secretary of State; 75 IAC 6-2-6; filed Aug 15, 2014, 9:57 a.m.: 20140910-IR-075130566FRA)