Section 0960-01-.21 - MOTOR VEHICLE DEALER FACILITIES(1) The facility must be physically separate and apart from any other businesses and shall not include any residence, tent or temporary stand. The facility may be connected to another business facility provided there is a permanent wall from floor to ceiling between the two businesses and the motor vehicle or recreational vehicle facility has a separate outside entrance and exit. Any doors conjoining the businesses shall be secured and locked from the interior in a nature that is satisfactory to the Commission. Doors conjoining the businesses shall only be utilized by employees of the businesses and shall not be accessible to or utilized by members of the public.(2) The facility shall contain adequate office space (a minimum of 288 square feet) for processing sales and purchases of motor vehicles or recreational vehicles. The facility shall also contain restroom accommodations.(3) The facility shall have a primary telephone number listed in the local directory under the name of the dealership. The primary phone number of the dealership shall be posted either on the door to the dealership, in a window of the dealership or on the dealership's sign.(4) The facility shall have immediate and contiguous access to and exclusive dedicated use of a motor vehicle or recreational vehicle storage or display lot capable of accommodating fifteen (15) motor vehicle or recreational vehicles of the dealership's product line. A lot shall consist of compacted gravel, chert, stone or similar materials and shall not include public lands, unimproved land or residential driveways. The facility shall also contain a minimum of three (3) parking spots dedicated for customer parking.(5) The facility shall be used exclusively for buying, selling, renting, displaying, advertising, demonstrating, servicing or repairing motor vehicles or recreational vehicles or selling functional or nonfunctional parts, including accessories, safety equipment and vehicle branded clothing.Tenn. Comp. R. & Regs. 0960-01-.21
Original rule filed August 20, 2008; effective November 3, 2008. Repeal and new rule filed July 23, 2010; effective October 21, 2010. Repeal and new rule filed June 22, 2011; effective September 20, 2011. Amendment filed June 24, 2016; effective September 22, 2016. Amendments filed September 21, 2016; effective December 20, 2016. Amendment filed August 16, 2019; to have become effective November 14, 2019. However, the Government Operations Committee filed a 75-day stay of the effective date of the rules on October 23, 2019; new effective date 1/28/2020.Authority: T.C.A. §§ 55-17-107, 55-17-114, and 55-17-402.