§ 31-16-127 — Temporary recreational vehicle display and sales permit

Wyoming § 31-16-127

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 16: MOTOR VEHICLE FRANCHISES

Text

(a) No out of state recreational vehicle dealer shall
display, demonstrate, exchange or sell a recreational vehicle,
as defined in W.S. 31-16-101(a)(xxiii), in this state without a
permit as provided in subsection (b) of this section.
(b) The department shall issue a temporary recreational
vehicle display and sales permit to an out of state recreational
vehicle dealer not currently licensed in Wyoming, subject to the
following conditions:
(i) The applicant shall submit an application
accompanied by an application fee of five hundred dollars
($500.00) to the department at least ninety (90) days prior to
the recreational vehicle display and sales event. The
application shall be on a form approved by the department and
shall include:
(A) 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 its managing
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 its principal officer. If the applicant is
a limited liability company, the name and address of the
managing members;
(B) 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 permit issued under this section shall submit to
fingerprinting and 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;
(C) An indication whether the applicant wishes
to purchase one (1) or two (2) temporary recreational vehicle
demo plates for an additional fee as set forth in W.S. 31-3-
102(a)(v);
(D) An indication whether the applicant wishes
to purchase a minimum order as set forth in department rules for
an additional fee established in accordance with W.S. 31-3-
102(a)(x) of temporary permits for issuance to purchasers of
recreational vehicles at the event;
(E) Any additional fees required by state and
federal agencies for processing of criminal history record
information and fingerprint searches.
(ii) The applicant is a licensed recreational vehicle
dealer in its state of residence;
(iii) The recreational vehicle display and sales
event is in conjunction with a state, regional or national
recreational vehicle rally at which at least one hundred fifty
(150) owned units are preregistered to attend;
(iv) The application shall be accompanied by a
written statement from the owner or manager of the location
where the recreational vehicle display and sales event will be
conducted, describing the associated recreational vehicle rally
and the display and sales event;
(v) The owner or manager of the location where the
recreational vehicle display and sales event will be conducted
shall notify all licensed Wyoming recreational vehicle dealers
when a temporary recreational vehicle display and sales event is
planned. Notice shall be timely, but not less than six (6)
months prior to the event;
(vi) Wyoming licensed dealers shall have a first
right of refusal to purchase space for the purpose of displaying
and selling recreational vehicles, exercisable for three (3)
months following the date of the notice required by paragraph
(v) of this subsection, at any event for which a permit is
required under this section;
(vii) Wyoming licensed recreational vehicle dealers
holding a current exclusive franchise or dealer agreement with a
recreational vehicle manufacturer shall have the first right of
refusal to be the sole representative for that manufacturer, as
provided in the exclusive franchise or dealer agreement;
(viii) Recreational vehicle dealers in a state
allowing sales by out of state recreational vehicle dealers on
terms substantially equal to those provided for in this section
shall have a second right of refusal to purchase space for the
purpose of displaying and selling recreational vehicles,
exercisable for one (1) month following expiration of the first
right of refusal provided by paragraph (vi) of this subsection,
at any event for which a permit is required under this section;
(ix) A permit pursuant to this section shall be
valid for a period up to seven (7) consecutive days, beginning
on the first day of the scheduled event;
(x) Not more than three (3) permits as provided in
this section shall be issued to any one (1) out of state
recreational vehicle dealer in one (1) calendar year;
(xi) The application shall be accompanied by a cash
or surety bond in the amount of fifty thousand dollars
($50,000.00) with a corporate surety duly licensed to do
business within this state. The bond shall:
(A) Be approved as to form by the attorney
general;
(B) Be conditioned that the applicant shall not
practice any fraud, make fraudulent misrepresentations, or
violate any federal or state law, rules or regulations relating
to the conduct of the business;
(C) Guarantee the return of the temporary
recreational vehicle display and sales permit, recreational
vehicle demo plates, unused temporary permits and stubs of
temporary permits issued to purchasers;
(D) Be forfeited to the department upon any
violation of this act;
(E) Be returned by the department to the bond
holder within thirty (30) days after the last day of the event
if no sales were consummated in Wyoming, or one (1) year after
the last date of any sales transacted at the event if all
conditions and guarantees of the bond have been met.
(xii) The permit shall be prominently displayed at
the sales event in the location where the permit holder conducts
business;
(xiii) Out of state dealers at a temporary
recreational vehicle sales and display event, prior to
consummation of a vehicle sale to a Wyoming resident, shall
provide written notice to the buyer of the location of the
manufacturer authorized service facility nearest to the event.
(c) For purposes of this section:
(i) "Out of state recreational vehicle dealer" means
a dealer as defined in W.S. 31-16-101(a)(xviii) who is engaged
in the business of selling or exchanging recreational vehicles
and who is not licensed as a new vehicle dealer or used vehicle
dealer as provided in this act;
(ii) "Recreational vehicle display and sales event"
means any temporary private or public assembly of recreational
vehicles at which recreational vehicles are displayed to the
public for the purpose of sale or exchange.
(d) The department shall adopt rules and regulations to
implement the provisions of this section.