1. (1) Off-Site Sales Event License

   1. (a) A licensed motor vehicle dealer must electronically apply for an off-site sales event license, asdefined in §40-12-395, Code of Ala 1975, at least ten (10)calendar days prior to conducting the off-site sale. Dealers maynot participate in more than 3 off-site sales events per licenseyear. The following information must be included on theapplication:

      1. 1. Off-site sales event location address.

      2. 2. Beginning and ending dates of the off-site salesevent.

         *Note: The duration of the event cannot exceed 10 consecutivedays.

   2. (b) Pursuant to §40-12-395, Code of Ala. 1975, atwenty-five-dollar application fee is required to be paid by theapplicant.
   3. (c) Upon reviewal of the application, the departmentwill either approve and issue an off-site sales event licenseand provide notification to applicant of the issuance or notifythe applicant of additional information required.

2. (2) Facilitator License

   1. (a) In accordance with §40-12-390, Code of Ala. 1975,a facilitator is any person, or his or her designee, whofacilitates an off-site sale licensed under §40-12-395, Code of Ala.1975. The term may include the owner of the property wherethe off-site sale is being conducted.

   2. (b) A facilitator of an off-site sale must electronically apply for a master off-site sales license, asdefined in §40-12-395, Code of Ala 1975, at least ten (10)calendar days prior to conducting the off-site sale. Each motorvehicle dealer participating in the off-site sale must obtain anoff-site license required in section (1) and provide the licenseto the facilitator prior to the facilitator making theapplication. If the dealer and facilitator are the same entity,only the master off-site sales event license is required. Thefollowing information must be included on the application:

      1. 1. Legal name of business, trade name, or DBA (ifapplicable).
      2. 2. Mailing and physical address(es) of business.
      3. 3. Off-site sales event location address.
      4. 4. Each participating dealer and their off-site salelicense number.

      5. 5. Beginning and ending dates of off-site salesevent.

         *Note: The duration of the event cannot exceed 10 consecutivedays.

   3. (c) Pursuant to §40-12-395, Code of Ala. 1975, atwenty-five-dollar application fee is required to be paid by theapplicant.
   4. (d) Upon review of the application, the departmentwill either approve and issue an off-site sales event licenseand provide notification to applicant of the issuance or notifythe applicant of additional information required or if the application is refused.
   5. (e) The facilitator must display a temporary sign atthe location where the off-site sale is conducted identifyingthe name of the facilitator, as stated on the license, conducting the sale and the name of the motor vehicle dealerswho are participating in the sale.
3. (3) A facilitator or motor vehicle dealer whowillfully fails to obtain an off-site license or failure of afacilitator to disclose participating motor vehicle dealers issubject to the penalty provisions provided in §§40-12-392 and40-12-395, Code of Ala. 1975.

Author: Lisa Blankenship

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-12-392, 40-12-395.

History: New Rule: Filed July 30, 2012; effective September 3, 2012. Amended: Filed October 27, 2014; effective December 1, 2014. Amended: Filed October 20, 2017; effective December 4, 2017. Repealed and New Rule: Published July 31, 2020; effective September 14, 2020.