A. A portion of an enclosed building shall not qualify as an established place of business if it is within a building which houses activities other than those of the dealer, or the dealer's incidental business activity; and either:

1. (1) contains equipment or records not related to the dealership, or
2. (2) is not suited by size, configuration or access to human use or occupation.

B. The burden of proof shall be on the dealer to show that a portion of an enclosed building should be qualified as an established place of business.

[7/19/1994, 9/14/1996; 18.19.4.52 NMAC - Rn, 18 NMAC 19.4.13.3, 9/14/2000]