63 Pa. Stat. § 818.321

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 818.321 - Application for license
(a) Dealer's or vehicle auction's license.--Application for license as a dealer or vehicle auction shall be made in writing to the board, signed by the applicant, setting forth the following:
(1) Name of applicant and location of principal place of business to which the license will be issued.
(2) Name or style under which business is to be conducted and, if a corporation, the state of incorporation.
(3) Name and address of each owner or partner and, if a corporation, the names of principal officers and directors.
(4) Locations in which the business is to be conducted if the dealer has more than one place of business.
(5) If new vehicles are to be sold, the line-make or line-makes to be handled.
(6) A statement of the previous history, record and association of the applicant and of each owner, partner, officer and director, which statement shall be sufficient to establish to the satisfaction of the board the reputation in business of the applicant.
(7) A statement showing whether the applicant has previously applied for a license and the result of such application and whether the applicant has ever been the holder of either a dealer, vehicle auction or salesperson license which was revoked or suspended.
(8) If the applicant is a corporation or partnership, a statement showing whether any of the partners, employees, officers or directors have been refused a dealer's, vehicle auction's or salesperson's license or have been the holder of such a license which was revoked or suspended.
(9) A statement by the applicant that he has met all facility requirements as noted herein and as required by regulation, except as provided in subsection (a.1).
(a.1) Temporary permit for new vehicle dealers.--Upon receipt of a complete and accurate new vehicle dealer application or new vehicle dealer change of address application, the board shall issue a new vehicle dealer license immediately. If the new vehicle dealer does not have the franchise approval letter, the telephone business line information, the certificate of occupancy or the lease or deed for the property available when the application has been submitted, the new vehicle dealer shall receive a temporary permit that expires at the end of 45 days from the date of closing. The new vehicle dealer shall submit the franchise approval letter, the telephone business line information, the certificate of occupancy and the lease or deed for the property prior to the expiration of the temporary permit. Upon receipt of the franchise approval letter, the telephone business line information, the certificate of occupancy and the lease or deed for the property, the board shall issue a new vehicle dealer license immediately.
(b) Salesperson's license.--Application for license as a salesperson shall be made in writing to the board, signed by the applicant, setting forth the following:
(1) The applicant's name and address.
(2) The period of time, if any, during which he has been engaged in the occupation of salesperson.
(3) The name and address of his last employer.
(4) The name and address of the dealer then employing him or into whose employ he is about to enter. If the applicant is to be licensed for a dealer who is licensed in more than one category or at more than one location and the applicant desires to sell for each of the dealer's licensed entities, the name and address of the primary location and of each other entity shall be supplied.
(5) The recommendation of his employer or prospective employer certifying that the applicant is honest, trustworthy and of good repute and recommending that a license be granted. In the case of an applicant who is himself a dealer, an officer of a corporation which is a dealer or a member of a partnership which is a dealer, the foregoing recommendation shall be made by another dealer, bank or sales finance company which has personal knowledge concerning the reputation and fitness of the applicant.
(6) A statement showing whether the applicant has previously applied for a license and the result of such application and whether the applicant has ever been the holder of a salesperson's license which was revoked or suspended or the subject of disciplinary action by this board or that of any other jurisdiction.
(7) The application shall be made upon a form prepared by the board containing such other reasonable information as the board shall require.
(c) Application for license other than as a dealer, vehicle auction or salesperson.--Application for license other than as a dealer, vehicle auction or salesperson shall be made in writing to the board accompanied by the required fee. The board may require, in such application or otherwise, information relating to the applicant's background and his financial standing, all of which may be considered by the board in determining the fitness of said applicant to engage in the business for which he desires to be licensed.
(d)Manufacturer's or distributor's license.--Application for license as a manufacturer or distributor shall be made in writing to the board, signed by the applicant, setting forth or attaching the following:
(1) Name of applicant and location of principal place of business for the license which is the subject of the application and the location of any other place of business within this Commonwealth.
(2) Name or style under which business is to be conducted and, if a corporation, the state of incorporation.
(3) The line-make or line-makes of new vehicles which are to be manufactured or distributed.
(4) A statement showing whether the applicant has previously applied for a license and the result of such application.
(e) Change of ownership.--A dealer or vehicle auction shall supply the board with information regarding any change in named owners. The information shall include a statement of the previous history, record and reputation in the business of the new owner. Where the same business name and address is to be retained, any change in owners shall only require the licensee to inform the board of the change in owners but shall not require the licensee to submit to the entire license application process as set forth by this act or corresponding regulations.

63 P.S. § 818.321

Renumbered by P.L. TBD 2018 No. 134, § 16, eff. 10/24/2019.
Amended by P.L. TBD 2018 No. 59, § 4, eff. 8/27/2018.
1983, Dec. 22, P.L. 306, No. 84, §13 [ 63 P.S. § 818.13], effective 1/1/1984. Renumbered as § 22 [63 P.S. § 818.22] and amended 1996 , April 19, P.L. 104, No. 27, § 13, effective in 60 days.