Missouri Revised Statutes













Chapter 301

Registration and Licensing of Motor Vehicles

←301.565

Section 301.566.1

301.567→

August 28, 2015

Motor vehicle sales or shows held away from licensed place of business, allowed, when--off-site retail sale of vehicles, when--recreational vehicle dealer participation in recreational vehicle shows and vehicle exhibitions--out-of-state participants--violation, penalty.

301.566. 1. A motor vehicle dealer may participate in no more than two

motor vehicle shows or sales annually 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 five consecutive days, the event does not require

any motor vehicle dealer participant to pay an unreasonably prohibitive

participation fee, 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. If any

show or sale includes a class of dealer or franchised new vehicle line-make,

that is also represented by a same class dealer or dealer representing the

same line-make outside of the boundary lines of the city or town and is within

ten miles of where the show or sale is to take place, the dealer outside of

the boundary lines of the city or town shall be invited to participate in the

show or sale. 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 five days in duration, and only one sale

may be held per year, per county;



(3) Pay to the motor vehicle commission fund, pursuant to section

301.560, a permit fee of five 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, 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 dealer licensed in another state who intends to

participate in a vehicle show or exhibition in this state shall send written

notification of such intended participation to the department of revenue at

least thirty days prior to the vehicle show or exhibition. Upon receipt of

such written notification, the department of revenue shall make a

determination regarding compliance with the provisions of this section. If

such recreational vehicle dealer would be unable to participate in the

vehicle show or exhibition in this state pursuant to this section, the

department of revenue shall notify the recreational vehicle dealer at least

fifteen days prior to the vehicle show or exhibition of the inability to

participate in the vehicle show or exhibition in this state.



6. The department of revenue may assess a fine of up to one thousand

dollars for any violation of this section.



(L. 1988 H.B. 1512 § 9, A.L. 1993 S.B. 35, A.L. 1996 S.B. 560, A.L.

1997 H.B. 207, A.L. 2004 H.B. 1288 and S.B. 1233, et al., A.L.

2007 S.B. 82)



*Section 301.575 was repealed by S.B. 52 in 1993.





1997



1997



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.



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