Utah Code 41-3-204. Licenses — Principal place of business as prerequisite — Change of location — Relinquishment on loss of principal place of business
41-3-204. Licenses — Principal place of business as prerequisite — Change of location — Relinquishment on loss of principal place of business.
(1)
Terms Used In Utah Code 41-3-204
Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
Authorized service center: means an entity that:
(a)
is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures;
(b)
the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and
(c)
conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102
Direct-sale manufacturer: means a person:
(a)
that is both a manufacturer and a dealer;
(b)
that is:
(i)
an electric vehicle manufacturer; or
(ii)
a low-volume manufacturer;
(c)
that is not a franchise holder;
(d)
that is domiciled in the United States; and
(e)
whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
Principal place of business: means a site or location in this state:
(i)
devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
(ii)
sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
(iii)
that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
The following licensees must maintain a principal place of business:
(i)
dealers;
(ii)
special equipment dealers;
(iii)
manufacturers;
(iv)
transporters;
(v)
remanufacturers;
(vi)
dismantlers;
(vii)
crushers;
(viii)
body shops; and
(ix)
distributors who:
(A)
are located within the state; or
(B)
have a branch office within the state.
(b)
The administrator may not issue a license under Subsection (1)(a) to an applicant who does not have a principal place of business.
(c)
If a licensee changes the location of the licensee’s principal place of business, the licensee shall immediately notify the administrator and the administrator shall issue a new license for the unexpired portion of the term of the original license at no additional fee.
(d)
In addition to the other requirements of this section, if a direct-sale manufacturer licensee changes the location of an authorized service center of the licensee, the licensee shall immediately notify the administrator and the administrator shall issue a new license for the unexpired portion of the term of the original license at no additional fee.
(2)
(a)
If a licensee loses possession of a principal place of business, the license is automatically suspended and he shall immediately notify the administrator and upon demand by the administrator deliver the license, pocket cards, special plates, and temporary permits to the administrator.
(b)
The administrator shall hold the licenses, cards, plates, and permits until the licensee obtains:
(i)
a principal place of business; and
(ii)
if the licensee is a direct-sale manufacturer, an authorized service center.
