A. It shall be unlawful for any person, firm, association, corporation, or trust to engage in business as, or serve in the capacity of, or act as a new motor vehicle dealer, powersports vehicle dealer, or new motor vehicle manufacturer, or distributor , factory branch, distributor branch , factory representative, or distributor representative, as defined in Section 562 of this title, in this state without first obtaining a license therefor as provided for by law. Any person, firm, association, corporation, or trust engaging in more than one of such capacities or having more than one place where such business is carried on or conducted in this state shall be required to obtain and hold a current license for each thereof. Provided that, a new motor vehicle dealer’s or powersports vehicle dealer’s license shall authorize one person to sell without the necessity of registering as a salesperson, so long as such person is an owner of the dealership, or the person designated as principal in the dealer’s franchise or the managing officer or one partner if no principal person is named in the franchise. It is further provided that a factory or an entity affiliated by any ownership or control by the factory shall not be permitted to be licensed as a new motor vehicle dealer in this state, except as provided by subparagraph b of paragraph 12 of Section 565 of this title. B. Applications for licenses required to be obtained under the provisions of Section 561 et seq. of this title shall be verified by the oath or affirmation of the applicant and shall be on forms prescribed by the Oklahoma New Motor Vehicle Commission and furnished to the applicants, and shall contain information as the Commission deems necessary to enable it to fully determine the qualifications and eligibility of the several applicants to receive the license or licenses applied for. The Commission shall require in such application, or otherwise, information relating to the applicant’s current financial standing, the applicant’s business integrity, the applicant’s criminal convictions or criminal or civil court proceedings history, whether the applicant has an established place of business and is primarily engaged in the pursuit, avocation, or business for which a license, or licenses, are applied for, and whether the applicant is able to properly conduct the business for which a license, or licenses, are applied for, and such other pertinent information consistent with the safeguarding of the public interest and the public welfare. All applications for license or licenses shall be accompanied by the appropriate fee or fees therefor in accordance with the schedule thereof hereinafter set out. In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applicant. All licenses issued under the provisions of Section 561 et seq. of this title shall expire on June 30, following the date of issue and shall be nontransferable. All applications for renewal of a license for a new motor vehicle dealer, powersports vehicle dealer, manufacturer, distributor, factory branch, distributor branch, or manufacturer’s or distributor’s representative shall be submitted by June 1 of each year, and such license or licenses will be issued by July 1. If applications have not been made for renewal of licenses at the times described in this subsection, it shall be illegal for any person to represent himself or herself and act as a dealer, manufacturer, distributor, or manufacturer’s or distributor’s representative. Service Oklahoma and licensed operators will be notified not to accept manufacturers’ statements or certificates of origin for unlicensed dealers until such time as their licenses have been issued by the Commission. C. The schedule of license fees to be charged and received by the Commission for the licenses issued hereunder shall be as follows: 1. For each manufacturer, distributor, factory branch, or distributor branch of new motor vehicles or powersports vehicles, Four Hundred Dollars ($400.00) initial fee with annual renewal fee of Three Hundred Dollars ($300.00); 2. For each factory representative or distributor representative, One Hundred Dollars ($100.00) annually; 3. For each new motor vehicle dealer, initial fee of Three Hundred Dollars ($300.00) per franchise sold at each location licensed, with an annual renewal fee of One Hundred Dollars ($100.00) per franchise sold at each location licensed per year; and 4. For each powersports vehicle dealer, initial fee of Three Hundred Dollars ($300.00) per manufacturer represented by the dealer at each location licensed, with an annual renewal fee of One Hundred Dollars ($100.00) per manufacturer represented by the dealer at each location licensed per year. D. The licenses issued to each new motor vehicle dealer, new powersports vehicle dealer, manufacturer, distributor, factory branch, or distributor branch shall specify the location thereof. In case such location is changed, the Commission may endorse the change of location on the license without charge unless the change of address triggers a relocation of a new motor vehicle dealer or new powersports vehicle dealer pursuant to the provisions of Section 578.1 of this title. The licenses shall be posted in a conspicuous place in the licensee’s place or places of business. Every representative of a factory or distributor shall physically possess the license when engaged in business and shall display such upon request. The name of the employer shall be stated on the representative’s license. E. The new powersports vehicle dealer license shall only allow the sale of the specific types of powersports vehicles authorized by the manufacturer and agreed to by the powersports dealer. Added by Laws 1953, p. 181, § 4, emerg. eff. May 26, 1953. Amended by Laws 1959, p. 207, § 6, emerg. eff. July 16, 1959; Laws 1967, c. 251, § 6, emerg. eff. May 8, 1967; Laws 1969, c. 241, § 3, emerg. eff. April 21, 1969; Laws 1977, c. 14, § 3, emerg. eff. March 18, 1977; Laws 1980, c. 85, § 10, eff. Jan. 1, 1981; Laws 1982, c. 239, § 1, emerg. eff. May 4, 1982; Laws 1985, c. 229, § 6, eff. Nov. 1, 1985; Laws 2001, c. 148, § 2, emerg. eff. April 30, 2001; Laws 2009, c. 425, § 1, eff. Nov. 1, 2009; Laws 2013, c. 191, § 2, eff. Nov. 1, 2013; Laws 2019, c. 79, § 1, eff. Nov. 1, 2019; Laws 2023, c. 29, § 5, eff. Nov. 1, 2023; Laws 2024, c. 240, § 4, eff. Nov. 1, 2024;
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