1. (a) A person licensed under this article shall be issued a special event permit from the secretary for a special event that meets the following conditions:

   1. (1) The event is a motor vehicle auction conducted by auctioneers licensed under IC 25-6.1-3 .

   2. (2) The motor vehicles to be auctioned are:

      1. (A) at least fifteen (15) years old; or
      2. (B) classified as classic, collector, or antique motor vehicles under rules adopted by the secretary.
   3. (3) At least one hundred (100) motor vehicles will be auctioned during the special event.
   4. (4) The licensee submits to the secretary an application for a special event permit not later than thirty (30) days before the beginning date of the special event.

   5. (5) The application under subdivision (4) includes the following:

      1. (A) An affidavit stating that the proposed location is zoned for the operation of a special event auction from:

         1. (i) the person charged with enforcing a zoning ordinance; or

         2. (ii) a zoning enforcement officer under IC 36-7-4 ;

            who has jurisdiction over the real property where the applicant wants to operate the special event auction.

      2. (B) A fee of two hundred fifty dollars ($250). The fee shall be deposited as set forth in IC 9-32-7-3 .
2. (b) If there is no person or officer under subsection (a)(5)(A), the application must be accompanied by a statement to that effect from the executive (as defined in IC 36-1-2-5 ) of the unit in which the real property is located.
3. (c) The applicant may file the affidavit or statement at any time after the filing of the application. However, the secretary may not issue a special event auction permit until the applicant files the affidavit or statement.
4. (d) The affidavit or statement may not be signed by a person described in subsection (a)(5)(A) or the executive of a unit described in subsection (b) more than ninety (90) days before the affidavit or statement is submitted to the secretary as part of an application for a permit under this section.
5. (e) Not more than two (2) special event permits may be issued by the secretary to the same applicant within a twelve (12) month period.

As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.96; P.L.179-2017, SEC.92; P.L.284-2019, SEC.35.