Bill Text: MI SB0128 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Occupations: vehicles, dealers and repair facilities; dealership requirement for hours of operation; modify. Amends sec. 14 of 1949 PA 300 (MCL 257.14).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-10-19 - Assigned Pa 0090'21 With Immediate Effect [SB0128 Detail]
Download: Michigan-2021-SB0128-Introduced.html
SENATE BILL NO. 128
February 10, 2021, Introduced by Senator LASATA
and referred to the Committee on Regulatory Reform.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 14 (MCL 257.14), as amended by 2012 PA 498.
the people of the state of michigan enact:
Sec. 14. (1)
Except as provided in subsections (2) and (3), "established place of
business" means the place premises actually occupied either continuously or at
regular periods by a dealer or manufacturer where
his or her at which the dealer or
manufacturer keeps its books and records are kept and at which the dealer or manufacturer transacts a large
share of his or her its
business. transacted.
(2) Established place of business
for For a class (a) or class (b)
dealer, "established place of business"
means premises that meet all of the following requirements:
(a) The premises contain, except as otherwise provided in
this act, a permanently enclosed building or structure that
is either owned, leased, or rented by a
dealer, which the dealer; the building or
structure is not a residence, tent, temporary stand, or any
temporary quarters; the building or structure is continuously occupied in good
faith for the purpose of selling, buying, trading, leasing, or otherwise
dealing in motor vehicles; all books, records, and files necessary to conduct
the business of a class (a) or class (b) dealer are maintained in the building
or structure; and the building or structure houses an office of at least 150
square feet in size, equipped with standard office furniture, working
utilities, a working restroom, and a working telephone listed in the name of
the business on the dealer's license.
(b) The premises have land space of no
not less than 1,300 square feet
to accommodate the display of a minimum of 10 vehicles of the kind and type
that the dealer is licensed to sell and an additional 650 square feet for
customer parking.
(c)
The display and customer parking areas shall
be described in subdivision (b) are adequately
surfaced and well-lit during business hours.
(d)
(c) The premises are
identified by an exterior sign displaying the name of the dealership that is
permanently affixed to the building or land with letters clearly visible from a highway.the
roadway.
(e)
(d) The premises
contain a conspicuous posting of the dealer's regular hours of operation. The
posted hours shall be not must not be less than 30 hours per week for not less than 48 weeks per year.
(f)
(e) The premises
contain a registered repair facility on site for the repair and servicing of
motor vehicles of a type sold at the established place of business, unless the
dealer has entered into a written servicing agreement with a registered repair
facility at a location not to exceed 10 miles'
distance from that is located within a
10-mile radius of the established place of business. If repairs
are conducted pursuant to under a servicing agreement, the dealer shall conspicuously post the servicing
agreement shall be conspicuously posted in
the dealer's office.
(g)
(f) The premises meet
all applicable zoning requirements and any
other applicable municipal requirements.
(3) An established For a wholesaler, "established place of business for a wholesaler shall satisfy business" means premises that meet all of the
following requirements:
(a) The premises shall
contain a permanently enclosed building or structure that is
either owned, leased, or rented by
a wholesaler, which and is not a
commercial mailbox, tent, temporary stand, or other temporary quarters.
(b) All books, records, and files necessary to conduct the
business of the wholesaler shall be are maintained in the building or structure described
in subdivision (a).
(c) The premises shall
are not be
used for the display of vehicles. However, the premises may be
used for the storage of vehicles purchased by the wholesaler prior to before
sale to a licensed vehicle dealer.
(d) The premises shall
be are identified by an exterior
sign displaying the name of the wholesaler that is permanently affixed to the
building or land with letters clearly visible from the roadway.
(e) The premises shall
satisfy meet all
applicable zoning requirements and any other applicable municipal requirements.
