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.