§ 31-16-103 — Licenses; applications; issuance, suspension and revocation; change in ownership; rulemaking

(a) An applicant for a license required under this act
shall, before commencing business and annually thereafter submit
an application to the department in a form prescribed by the
department containing the following:
(i) The legal name and residence address of the
applicant and the trade name, if any, under which the applicant
intends to conduct his business. If the applicant is a
partnership, the name and residence address of each partner,
whether a limited or general partner, and the name under which
the partnership business is to be conducted. If the applicant
is a corporation, the name of the corporation and the name and
address of each of its principal officers and directors. If the
applicant is a limited liability company, the name and address
of the members and managers;
(ii) A complete description, including the address,
of the principal place of business and any other place of
business for activities requiring a license under this act
operated and maintained by the applicant in conjunction with the
principal place of business in each county in this state;
(iii) For a new vehicle dealer's license, copies of
letters of franchise for the new vehicles that the applicant has
been enfranchised to sell or exchange and the name and addresses
of any manufacturer or distributor who has enfranchised the
applicant;
(iv) For a manufacturer's license, the name and
address of each distributor, factory branch and factory
representative;
(v) Any other information the department may
reasonably require, including financial statements of new
applicants, past or present judicial, civil or administrative
dispositions of criminal, civil or administrative actions
relating to the conduct of the business if currently licensed or
a new applicant, telephone numbers, sales and use tax numbers
for the business and declared business hours. Any new applicant
for a license issued under this act, including all officers of a
corporation or members of a limited liability company or limited
partnership, shall provide information necessary for a state and
national criminal history record background check and release of
information as provided in W.S. 7-19-106(k)(ii) and consent to
the release of any criminal history information to the
department;
(vi) If a renewal of dealer's license, the number of
retail vehicle sales each month during the twelve (12) full
calendar months preceding the month in which the renewal
application is made;
(vii) For a Wyoming based manufacturer's license, a
description of the location of each established place of
business in this state, the number of manufacturer license
plates requested, a statement of the need for the plates
including, but not limited to, the number of employees, annual
sales, and such other information as required by the department;
(viii) For a direct sale manufacturer's license, a
description of the location of each established place of
business in this state, the number of manufacturer license
plates requested, a statement of the need for the plates
including, but not limited to, the number of employees, annual
sales, and such other information as required by the department;
(ix) For a new vehicle dealer's license to sell
trailers as defined by W.S. 31-1-101(a)(xxiii), if the sales
agreement does not involve enfranchisement, a sales
authorization from the manufacturer or distributor stating that
the dealer is authorized to sell any specific make of new
trailer other than a house trailer as defined by W.S. 31-1-
101(a)(xxiii)(A) or a semitrailer as defined by W.S. 31-1-
101(a)(xxiii)(B).
(b) Pending determination by the department that the
applicant has met the requirements under this act, it may issue
a temporary license to any applicant. A temporary license shall
not exceed a period of ninety (90) days while the department is
completing its investigation and determination of all facts
relative to the qualifications of the applicant for the license.
The temporary license terminates when the applicant's license
has been issued or refused. When the department determines the
applicant has complied with all licensing requirements, the
department shall issue a license or renewal to an applicant upon
submission of a complete application to the department
indicating the applicant is qualified and will operate from a
principal place of business if a dealer or a direct sale
manufacturer or from an established place of business if a
Wyoming based manufacturer, and upon filing of a bond and
payment of a license fee of twenty-five dollars ($25.00) for
dealers selling fewer than twelve (12) vehicles in any twelve
(12) consecutive month period and one hundred dollars ($100.00)
for dealers selling twelve (12) or more vehicles in any twelve
(12) consecutive month period as follows:
(i) Repealed by Laws 1997, ch. 154, § 3.
(ii) Repealed by Laws 1997, ch. 154, § 3.
(iii) Any additional place of business to be licensed
under this act has sufficient facilities such that it could
qualify as a principal place of business and is located in the
same county in which the principal place of business is located;
(iv) To a dealer who had at least twelve (12) retail
sales or exchanged at least twelve (12) vehicles or six (6) or
more new vehicles with a gross vehicle weight rating over
twenty-six thousand (26,000) pounds in the twelve (12) full
calendar months preceding the date of application;
(v) To a dealer selling self-propelled motor homes or
drilling and service rigs;
(vi) To a person who did not hold a certificate at
the time of the application;
(vii) To a person engaged in the business of
repossessing vehicles if that person repossessed at least twelve
(12) vehicles in the twelve (12) full calendar months preceding
the date of application, but the person need not have a
principal place of business as defined in this act;
(viii) To a banking or lending institution engaged in
the business of making loans secured by vehicles;
(ix) Repealed by Laws 2021, ch. 64, § 2.
(x) To the applicant who has not had a license issued
under this chapter suspended or revoked without reinstatement,
and has not violated the provisions of this chapter or any rule
or regulation adopted under this chapter, if the applicant is:
(A) A partner in a partnership;
(B) A director or stockholder of a corporation
duly registered and doing business in Wyoming; or
(C) A member or manager of a limited liability
company duly registered and doing business in Wyoming.
(xi) To any additional place of business that may
qualify under this act.
(c) The department may deny, suspend, revoke or refuse to
renew a license or temporary permit issued under this act if it
finds the person, applicant, vehicle dealer, salesperson, agent,
direct sale manufacturer or Wyoming based manufacturer:
(i) Knowingly violated any rule, regulation or
statute or any federal law regulating dealers and manufacturers,
or any federal vehicle safety standards applicable to dealers or
Wyoming based manufacturers;
(ii) Knowingly made a materially false statement in
applying for a license, demo plates, full use plates, temporary
registration permits, or dealer reassignment documents used by
the applicant;
(iii) Failed to furnish or keep in force the required
bond;
(iv) Has any previous administrative or criminal
actions or has lost a civil action in this state or any other
state relating to the conduct of the business license or applied
for during the ten (10) years preceding the date of the
application;
(v) Used or permitted the use of demo or full use
plates in an unauthorized manner or for an unauthorized purpose;
(vi) Used or permitted the use of temporary
registration permits in an unauthorized manner or for an
unauthorized purpose;
(vii) Has been convicted of a felony involving fraud,
conspiracy to commit fraud, forgery, embezzlement, obtaining
money under false pretenses, larceny, theft or extortion within
the immediate ten (10) year period prior to the date of license
application;
(viii) Has been convicted of a felony under W.S.
6-2-302;
(ix) Failed to furnish any requested information to
the department.
(d) If a new vehicle dealer changes to, or adds, another
franchise for the sale of new vehicles, cancels or otherwise
loses a franchise for the sale of new vehicles, the dealer shall
immediately notify the department. If there is a cancellation
or loss of franchise, and the department determines the dealer
may be licensed as a used vehicle dealer, the vehicle dealer
shall surrender the new vehicle dealer's license and a used
vehicle dealer's license shall be issued. The dealer may
continue in the business for which a vehicle dealer is
relicensed to dispose of the stock of new vehicles which the
dealer had on hand at the time of the relicensing.
(e) The dealer or manufacturer shall immediately notify
the department which shall issue a new dealer or Wyoming based
manufacturer license for the unexpired portion of the original
license at no charge if the dealer changes the site or location
of his principal place of business, or the Wyoming based
manufacturer changes the site or location of his established
place of business.
(f) Sixty (60) days after transfer of ownership of a
dealership or the business of a Wyoming based manufacturer or
direct sale manufacturer, except as a result of transfer of
shares of stock in a corporate dealership or Wyoming based
manufacturer duly incorporated in Wyoming, the dealer license,
Wyoming based manufacturer license, demo plates, full use
plates, manufacturer plates and temporary permits are void and
shall immediately be delivered to the department. The new owner
shall apply for a new dealer license, demo plates, full use
plates, manufacturer plates and temporary permits immediately
upon transfer of ownership. Upon transfer of ownership or
termination of business the former dealer, direct sale
manufacturer or Wyoming based manufacturer shall notify the
department and, if not a transfer of ownership, immediately
deliver the dealer license, direct sale manufacturer license,
Wyoming based manufacturer license, demo plates, full use
plates, manufacturer plates and temporary permits to the
department.
(g) A Wyoming licensed dealer may establish and operate an
additional place of business or operate in an organized motor
vehicle show as a vehicle dealer if:
(i) Each additional place of business except those
located in an enclosed shopping mall, shall meet the same
criteria as set forth in W.S. 31-16-101(a)(xiv);
(ii) Before operating in an organized motor vehicle
show, a licensed dealer shall notify the department in writing
not later than fourteen (14) days prior to the date of the show
and obtain a letter of authorization from the department to
operate in an organized motor vehicle show within the county of
the principal place of business, or within the dealer's relevant
market area as defined by W.S. 31-16-101(a)(xv). A vehicle
dealer may operate in not more than four (4) shows in any
calendar year and each show shall not exceed seven (7)
consecutive days. The letter of authorization to operate in an
organized motor vehicle show shall be displayed in a location at
the motor vehicle show where any peace officer or designated
member of the department can examine it. As used in this
subsection, "organized motor vehicle show" means an exhibition
and sale by one (1) or more licensed motor vehicle dealers in a
private or public assembly, facility or area.
(h) An applicant for a license to operate as a dealer or
Wyoming based manufacturer shall also file with the department a
bond in the sum of twenty-five thousand dollars ($25,000.00)
with a corporate surety duly licensed to do business within this
state. The bond shall:
(i) Be approved as to form by the attorney general;
(ii) Guarantee the return of the dealer or Wyoming
based manufacturer license, manufacturer plates, full use and
demo plates, and temporary permits; and
(iii) Be conditioned that the applicant shall not
practice any fraud, fraudulent misrepresentations, or violate
any federal or state law, rules or regulations relating to the
conduct of the business.
(j) The department shall promulgate rules necessary to
implement and enforce this act, including rules relating to the
authorized use of demo, full use or manufacturer plates, the
form of the plates and the number of manufacturer plates issued.
(k) If the director has reasonable cause to believe that a
licensee or other person has violated or is violating any
provision of this act or any other law related to the conduct of
a vehicle dealer or has violated or is violating any rule or
order adopted or issued by the department pursuant to law, in
addition to any other remedies existing in this act, the
director may bring and maintain, in the name and on behalf of
the department, an action in the proper court against a licensee
or other person to restrain or enjoin the licensee or other
person from continuing the violation. In the action, the court
shall proceed as in other actions for injunction.