PURPOSE: The department must determine whether applicants who apply for a license as a boat dealer, boat manufacturer, motor vehicle dealer, motor vehicle manufacturer, public motor vehicle auction or wholesale motor vehicle auction pursuant to sections 301.550 to 301.562, RSMo, have met the requirements outlined in the law. This rule clarifies these requirements.

1. (1) A separate license is required for each of the following categories of licenses:

   1. (A) Motor vehicle dealers and/or motor vehicle manufacturers;
   2. (B) Boat dealers and/or boat manufacturers; however, a motor vehicle dealer may purchase and sell up to five (5) vessels during each licensure period without licensing as a boat dealer;
   3. (C) Wholesale motor vehicle dealers;
   4. (D) Wholesale motor vehicle auctions; and
   5. (E) Public motor vehicle auctions.

2. (2) An applicant must complete in full the designated application for a license.

   1. (A) If the applicant is a partnership or corporation and is doing business under another name (d/b/a), the applicant must list its partnership or corporate name and its d/b/a name. For example, John Smith Brothers Incorporated d/b/a Smith Brother’s Used Cars. If the applicant is an individual, the business name must also be listed on the application.
   2. (B) The business location name and address must be recorded on the application. A post office box number is not acceptable as a business location address.
   3. (C) A separate “Mail to” address may only be listed on the application if the local postal authorities confirm, in a letter signed by an authorized representative of the post office, that it cannot or will not deliver mail to the business address due to security reasons such as theft or vandalism. The lack of a proper mail receptacle is not justification for the use of a “Mail to” address.
   4. (D) Applicants obtaining a manufacturer’s license must submit a letter that lists the makes of all motor vehicles/trailers/boats they will manufacture. If licensing as a “final stage” manufacturer/converter, the makes of all vehicle bodies, i.e., dump, hoist, coach, etc., they will manufacture and a brief description of the business must accompany the application.
   5. (E) Each applicant, officer or owner for a license must list on the application his or her driver’s license number, birthdate, home address, Social Security number and/or Federal Employee Identification Number.
   6. (F) The application must be certified by an authorized law enforcement agency/officer. Applicants who are licensed within two (2) months of the license expiration period shall not be required to have his or her renewal application certified by a law enforcement agency/officer provided the renewal is filed before the present license expires.
3. (3) The corporate surety bond or an irrevocable letter of credit required in section 301.560.1(4), RSMo, shall be filed with the application and shall be maintained for the entire licensure period. The bond or letter of credit must either be irrevocable for the entire licensure period or by its terms require that the bonding company or entity issuing the bond or letter of credit to notify the department at least thirty (30) days prior to the cancellation or revocation date. Failure of the licensee to submit a valid bond or irrevocable letter of credit to the department prior to the date of cancellation/revocation shall result in immediate cancellation and revocation of the license, which shall not be stayed by a request for review.

4. (4) The photograph of the bona fide established place of business may be either a black and white or color photograph and must be at least four inches by six inches (4" × 6") but shall not exceed eight inches by ten inches (8" × 10"). Digitized photographs are not acceptable. If more than one (1) photograph is necessary to show the building, lot and sign, if applicable, a statement, signed by the applicant, must accompany the photograph explaining that all photographs were taken at the same address.

   1. (A) A temporary sign may be used (as set forth in 12 CSR 10-26.010(1)(E)2.). If this is the case, a copy of the sign order and a picture of the temporary sign must be submitted with the application.
5. (5) For purposes of the franchise agreement requirement in section 301.559, RSMo, a letter of appointment or similar document signed by an authorized representative of the manufacturer will satisfy this requirement. The document must include the name and address of the franchise, the effective date of the franchise agreement, the expiration date of the franchise agreement, if applicable, and the make(s) of vehicle(s) the franchisee is authorized to sell. The letter must provide for notification to the department at least thirty
6. (30) days prior to cancellation of the franchise. A manufacturer’s letter of intent shall not suffice as proof of franchise.
7. (6) A new applicant must complete and submit the appropriate form(s) requesting a criminal record check directly to the Missouri State Highway Patrol’s General Headquarters along with the appropriate fee. The patrol shall provide the director with the results of the applicant’s criminal record check to assist the director in determining the applicant’s qualifications as provided in sections 301.559 and 301.562, RSMo.
8. (7) The applicant must submit appropriate fees as prescribed in 12 CSR 10-26.040.

AUTHORITY: sections 301.553, 301.559 and 301.560, RSMo Supp. 1998.* Original rule filed Nov. 1, 1999, effective May 30, 2000. *Original authority: 301.553, RSMo 1988, amended 1989, 1993, 1995, 1997; 301.559, RSMo 1988, amended 1993, 1997; 301.560, RSMo 1988, amended 1989, 1993, 1995, 1997.