1. (a) In order to obtain approval to sponsor an off-premises sale for new motor vehicle dealers, a sponsor must:

   1. (1) Invite all local new motor vehicle dealers to participate in the off-premises sale; and

   2. (2)

      1. (A) Submit the request to conduct an off-premises sale for approval to the Arkansas Motor Vehicle Commission on the form provided by the commission office at least forty-five (45) days prior to opening day of the off-premises sale.
      2. (B) The forty-five-day requirement may be waived by the Director of the Arkansas Motor Vehicle Commission for good cause shown.
      3. (C) Attached to the request form shall be:

2. (i) A list of all dealers to whom invitations have been extended, with the address, telephone, and the name of the contact person;

   1. (ii) A list of all line-makes to be offered at the off-premises sale;

      1. (iii) A statement signed by the sponsor assuring that adequate space will be made available for all invited dealers;

         1. (iv) A sample:
3. (a) (a) Notice;

4. (b) (b) Invitation; or

   1. (c) (c) Registration form;

      1. (v) Two (2) tickets to the off-premises sale, if there is an admission fee;

         1. (vi) If approval is obtained, a copy of the approved form from the commission must be forwarded to each participant.

5. (b) In order to obtain approval to sponsor an off-premises sale for used motor vehicles of new motor vehicle dealers or commission-licensed branches, a sponsor must:

   1. (1) Invite all local new motor vehicle dealers or their commission-licensed branches to participate in the off-premises sale;

   2. (2)

      1. (A) Submit the request to conduct an off-premises sale for approval to the commission on the form provided by the commission office at least forty-five (45) days prior to opening day of the off-premises sale.
      2. (B) The forty-five-day requirement may be waived by the director for good cause shown.

      3. (C) Attached to the request form shall be:

         1. (i) A list of all new motor vehicle dealers and/or their commission-licensed branches to whom invitations have been extended, with the address, telephone, and name of the contact person;
         2. (ii) A statement signed by the sponsor assuring that adequate space will be made available for all invited new motor vehicle dealers and/or the commission-licensed branches;
         3. (iii) A sample:
6. (a) (a) Notice;

7. (b) (b) Invitation; or

   1. (c) (c) Registration form;

      1. (iv) Two (2) tickets to the off-premises sale, if there is an admission fee; and

         1. (v) If approval is obtained, a copy of the approved form from the commission must be forwarded to each participant; and
   2. (3) Each off-premises sale of used motor vehicles conducted by a new motor vehicle dealer or an commission-licensed branch, must be advertised under that specific new motor vehicle dealer’s corporate name, the DBA name reflected on the commission license or the commission-licensed branch name reflected on the commission license, and all documents utilized in the sale of a used motor vehicle must be recognizable to the prospective purchaser as to specific dealer origin.

Codification Notes: “DBA” means “doing business as”.