1. (a) Auction activities.

   1. (1) Every wholesale auction shall have a business identity separate from other businesses owned or operated by the wholesale auction.
   2. (2) A wholesale auction may not conduct auction activities other than from its established place of business. A wholesale auction may auction only those vehicles that are physically located at the established place of business of the wholesale auction. A wholesale auction may accept bids by telephone, Internet or other remote means.
   3. (3) An auction license does not permit a wholesale auction to broker, other than the auctioning of vehicles.

2. (b) Established place of business.

   1. (1) The established place of business for a wholesale auction must include a permanent enclosed building for use as an auction facility within this Commonwealth. This paragraph does not require that all auctioning be conducted within the permanent enclosed building.
   2. (2) The established place of business must include a private office, located within the permanent enclosed building, separate from display areas and auctioning areas, that has space for the storage of books and records.
   3. (3) The established place of business must have a single business line telephone, located within the permanent enclosed building, that is used for the wholesale auction. The telephone number must be listed under the wholesale auction’s licensed name.
   4. (4) The established place of business shall be in full compliance with applicable building codes, zoning ordinances and other land-use ordinances.
   5. (5) A wholesale auction shall possess a certificate of occupancy issued by a building code official in accordance with the Pennsylvania Construction Code Act (35 P. S. § § 7210.101—7210.1103).
   6. (6) A wholesale auction shall post a sign indicating the auction’s licensed name and that the auction is not open to the general public.

Authority

The provisions of this § 19.20 issued under sections 2 and 4(9) of the Board of Vehicles Act (63 P. S. § § 818.2 and 818.4(9)).

Source

The provisions of this § 19.20 adopted August 27, 2004, effective August 28, 2004, 34 Pa.B. 4693.