FIRST REGULAR SESSION
SENATE BILL NO. 208
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR MATHEWSON.
Pre-filed December 26, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
0710S.01I
AN ACT
To repeal section 301.566, RSMo, relating to recreational vehicle shows at the Missouri state fairgrounds, and to enact in lieu thereof one new section relating to the same subject.
Section A.Section 301.566, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 301.566, to read as follows:
301.566.1.A motor vehicle dealer may participate in any motor vehicle show or sale and conduct sales of motor vehicles away from the dealer's usual, licensed place of business if either the requirements of subsection 2 or 3 of this section are met or the event is conducted for not more than ten days, and if a majority of the motor vehicle dealers within a class of dealers described pursuant to subsection 3 of section 301.550 in a city or town participate or are invited and have the opportunity to participate in the event, except that a recreational motor vehicle dealer classified in subdivision (5) of subsection 3 of section 301.550 may participate in such a show or sale even if a majority of recreational motor vehicle dealers in a city or town do not participate in the event.The department shall consider such events to be proper in all respects and as if each dealer participant was conducting business at the dealer's usual business location.Nothing contained in this section shall be construed as applying to the sale of motor vehicles or trailers through either a wholesale motor vehicle auction or public motor vehicle auction.
2.Any person, partnership, corporation or association disposing of vehicles used and titled solely in its ordinary course of business as provided in section 301.570 may sell at retail such vehicles away from that person's bona fide established place of business, thus constituting an off-site sale, by adhering to each of the following conditions with regard to each and every off-site sale conducted:
(1)Have in effect a valid license, pursuant to sections 301.550 to 301.575, from the department for the sale of used motor vehicles;
(2)No off-site sale may exceed ten days in duration, and only one sale may be held per year, per county, in counties of the third and fourth classification;
(3)Pay to the motor vehicle commission fund, pursuant to section 301.560, a permit fee of two hundred fifty dollars for each off-site sale event;
(4)Advise the department, at least ten days prior to the sale, of the date, location and duration of each off-site sale;
(5)The sale of vehicles at off-site sales shall be limited to sales by a seller of vehicles used and titled solely in its ordinary course of business, and such sales shall be held in conjunction with a credit union and limited to members of the credit union, thus constituting a private sale to be advertised to members only;
(6)Off-site sales by a seller of vehicles used and titled solely in its ordinary course of business may also be held in conjunction with other financial institutions provided that any such sale event shall be held on the premises of the financial institution, and sales shall be limited to persons who were customers of the financial institution prior to the date of the sale event.Off-site sales held with such other financial institutions shall be limited to one sale per year per institution;
(7)The sale of motor vehicles which have the designation of the current model year, except discontinued models, is prohibited at off-site sales until subsequent model year designated vehicles of the same manufacture and model are offered for sale to the public.
3.A recreational vehicle dealer, as that term is defined in section 700.010, RSMo, who is licensed in another state may participate in recreational vehicle shows or exhibits with recreational vehicles within this state, in which less than fifty dealers participate as exhibitors with permission of the dealer's licensed manufacturer if all of the following conditions exist:
(1)The show or exhibition has a minimum of ten recreational vehicle dealers licensed as motor vehicle dealers in this state;
(2)More than fifty percent of the participating recreational vehicle dealers are licensed motor vehicle dealers in this state; and
(3)The state in which the recreational vehicle is licensed is a state contiguous to Missouri and the state permits recreational vehicle dealers licensed in Missouri to participate in recreational vehicle shows in such state pursuant to conditions substantially equivalent to the conditions which are imposed on dealers from such state who participate in recreational vehicle shows in Missouri.
4.A recreational vehicle dealer licensed in another state may participate in a vehicle show or exhibition in Missouri which has, when it opens to the public, at least fifty dealers displaying recreational vehicles if the show or exhibition is trade-oriented and is predominantly funded by recreational vehicle manufacturers.All of the participating dealers who are not licensed in Missouri shall be licensed as recreational vehicle dealers by the state of their residence.
5.A recreational vehicle association consisting of dealers licensed in Missouri, those holding a valid license as a recreational vehicle dealer by the state of their residence, or any combination thereof, may participate in a vehicle show or exhibition at the Missouri state fairgrounds, which may be open to the public, if:
(1)At lease five hundred or more recreational vehicles participate in the event; and
(2)The event or exhibition is for the purpose of education and entertainment of its members.