To repeal sections 301.550, 301.559, 301.562, 301.564, 301.565 and 301.566, RSMo 1994, and sections 301.553, 301.560 and 301.570, RSMo Supp. 1995, relating to the motor vehicle commission, and to enact in lieu thereof nine new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 301.550, 301.559, 301.562, 301.564, 301.565 and 301.566, RSMo 1994, and sections 301.553, 301.560 and 301.570, RSMo Supp. 1995, are repealed and nine new sections enacted in lieu thereof to be known as sections 301.550, 301.553, 301.559, 301.560, 301.562, 301.564, 301.565, 301.566 and 301.570, to read as follows:

301.550. 1. The definitions contained in section 301.010 shall apply to sections 301.550 to 301.572, and in addition as used in sections 301.550 to 301.572, the following terms mean:

(1) "Boat dealer", any [natural] person, partnership, or corporation who, for a commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, offers, attempts to sell, or negotiates the sale of any vessel or vessel trailer, whether or not the vessel or vessel trailer is owned by such person. [The sale of six or more vessels or vessel trailers or both in any calendar year shall be required as evidence that such person is eligible for licensure as a boat dealer under sections 301.550 to 301.572.] The boat dealer shall demonstrate eligibility for renewal of his license by selling six or more vessels or vessel trailers or both in the prior calendar year while licensed as a boat dealer pursuant to sections 301.550 to 301.572;

(2) "Boat manufacturer", any person engaged in the manufacturing, assembling or modification of new vessels or vessel trailers as a regular business, including a person, partnership or corporation which acts for and is under the control of a manufacturer or assembly in connection with the distribution of vessels or vessel trailers;

(3) "Commission", the Missouri motor vehicle commission;

(4) "Dealer", any manufacturer, boat manufacturer, boat dealer or motor vehicle dealer licensed or required to be licensed by the commission under sections 301.550 to 301.572;

[(4)] (5) "Manufacturer", any person engaged in the manufacturing, assembling or modification of new motor vehicles or trailers as a regular business, including a person, partnership or corporation which acts for and is under the control of a manufacturer or assembly in connection with the distribution of motor vehicles or accessories for motor vehicles;

[(5)] (6) "Motor vehicle auction", any person, firm or corporation who takes possession of a motor vehicle whether by consignment, bailment or any other arrangement, except by title, for the purpose of selling motor vehicles at a public and wholesale auction by a licensed auctioneer;

[(6)] (7) "Motor vehicle broker", a person who holds himself out through solicitation, advertisement, or otherwise as one who offers to arrange a transaction involving the sale of a motor vehicle, and who is not:

(a) A dealer, or any agent, or any employee of a dealer when acting on behalf of a dealer;

(b) A manufacturer, or any agent, or employee of a manufacturer when acting on behalf of a manufacturer;

(c) The owner of the vehicle involved in the transaction; or

(d) A motor vehicle auction where buyers are licensed dealers in this or any other jurisdiction;

[(7)] (8) "Motor vehicle dealer" [or "dealer"], any person who, for commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, or who offers or attempts to sell or negotiates the sale of motor vehicles or trailers whether or not the motor vehicles or trailers are owned by such person; provided, however, a motor vehicle auction, individual auctioneer or auction conducted by an auctioneer licensed pursuant to chapter 343, RSMo, shall not be included within the definition of a motor vehicle dealer. [The sale of six or more motor vehicles or trailers in any calendar year shall be required as evidence that such person is engaged in the motor vehicle business and is eligible for licensure as a motor vehicle dealer under sections 301.550 to 301.572]. The motor vehicle dealer shall demonstrate eligibility for renewal of the license by establishing that the dealer sold six or more motor vehicles or trailers in the prior calendar year while licensed as a motor vehicle dealer pursuant to sections 301.550 to 301.572;

[(8)] (9) "New motor vehicle", any motor vehicle being transferred for the first time from a manufacturer, distributor or new vehicle dealer which has not been registered or titled in this state or any other state and which is offered for sale, barter or exchange by a dealer who is franchised to sell, barter or exchange that particular make of motor vehicle. The term "new motor vehicle" shall not include manufactured homes, as defined in section 700.010, RSMo;

[(9)] (10) "New motor vehicle franchise dealer", any motor vehicle dealer who has been franchised to deal in a certain make of motor vehicle by the manufacturer or distributor of that make and motor vehicle and who may, in line with conducting his business as a franchise dealer, sell, barter or exchange used motor vehicles;

[(10)] (11) "Person" includes an individual, a partnership, corporation, an unincorporated society or association, joint venture or any other entity;

[(11)] (12) "Storage lot", an area, within the same city or county where a dealer may store excess vehicle inventory;

[(12)] (13) "Used motor vehicle", any motor vehicle which is not a new motor vehicle, as defined in sections 301.550 to 301.572, and which has been sold, bartered, exchanged or given away or which may have had a title issued in this state or any other state, or a motor vehicle so used as to be what is commonly known as a secondhand motor vehicle. In the event of an assignment of the statement of origin from an original franchise dealer to any individual or other motor vehicle dealer other than a new motor vehicle franchise dealer of the same make, the vehicle so assigned shall be deemed to be a used motor vehicle and a certificate of ownership shall be obtained in the assignee's name. The term "used motor vehicle" shall not include manufactured homes, as defined in section 700.010, RSMo;

[(13)] (14) "Used motor vehicle dealer", any motor vehicle dealer who is not a new motor vehicle franchise dealer;

[(14)] (15) "Vessel", every boat and watercraft defined as a vessel in section 306.010, RSMo;

[(15)] (16) "Vessel trailer", any trailer, as defined by section 301.010 which is designed and manufactured for the purposes of transporting vessels;

[(16)] (17) "Wholesale motor vehicle dealer", a motor vehicle dealer who sells motor vehicles only to other new motor vehicle franchise dealers or used motor vehicle dealers or via auctions limited to other dealers of any class.

2. For purposes of sections 301.550 to 301.572, neither the term "motor vehicle" nor the term "trailer" shall include manufactured homes, as defined in section 700.010, RSMo.

3. Dealers shall be divided into classes as follows:

(1) Boat dealers;

(2) Franchised new motor vehicle dealers;

(3) Used motor vehicle dealers;

(4) Wholesale motor vehicle dealers;

(5) Recreational motor vehicle dealers;

(6) Historic motor vehicle dealers;

(7) Classic motor vehicle dealers; and

(8) Motorcycle dealers.

301.553. 1. There is hereby created the "Missouri Motor Vehicle Commission" within the department of revenue which shall be responsible for the licensing of all manufacturers, motor vehicle dealers and boat dealers pursuant to the provisions of sections 301.550 to 301.572 and the rules and regulations which it may adopt.

2. All the powers, duties and functions of the Missouri motor vehicle commission, sections 301.550 to 301.572, are transferred by type III transfer, as provided in the Reorganization Act of 1974, to the department of revenue. The members of the commission shall continue to be appointed by the governor, and the rules and regulations adopted by the commission prior to July 6, 1989, shall continue in effect after July 6, 1989.

3. The commission shall be composed of seven members, all to be selected and appointed by the governor, by and with the advice and consent of the senate, not more than four of whom shall be of the same political party. Each member of the commission shall be a citizen of the United States, a resident of this state for at least five years prior to his appointment, and not more than two of whom shall have any pecuniary interest in any motor vehicle dealership or boat dealership.

4. The members of the commission shall be appointed for a term of four years, except that from the very first seven-member commission, the governor shall designate two members to serve a two-year term, two members to serve a three-year term, and three members to serve a four-year term. Thereafter, each member shall be appointed for a four-year term. Each member shall serve until the expiration of his term or until his successor is appointed and qualified. Any vacancy on the commission shall be filled by the governor, by and with the advice and consent of the senate, for the duration of the unexpired term.

5. The commission shall elect its own chairman and secretary, each to serve for a term of one year. The commission shall meet at such times as it may prescribe, but the commission shall meet at least once every [two] three months. Special meetings may be held upon call of the chairman upon adequate notice given by the executive director to the members of the commission. To conduct business and constitute a meeting, a quorum of the commission must be present and four members of the commission shall constitute a quorum. The members shall receive no salary or other compensation for their services as members, but shall receive their necessary traveling and other expenses incurred while actually engaged in the discharge of their official duties.

6. The commission shall have the authority to adopt an official seal which shall be as follows: The official seal of the state of Missouri bordered by the inscription "Missouri Motor Vehicle Commission".

7. All orders or decisions of the commission shall be in writing, signed by the chairman, attested to by the executive director and the official seal affixed thereto.

8. The commission shall have the authority to promulgate those rules and regulations necessary to perform the provisions of sections 301.550 to 301.572 and is vested with those powers and duties necessary and proper to enable it to fully and effectively carry out the provisions of sections 301.550 to 301.572. No rule or portion of a rule promulgated under the authority of sections 301.550 to 301.572 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

301.559. 1. It shall be unlawful for any person to engage in business as or act as a motor vehicle dealer, boat dealer, manufacturer or boat manufacturer without first obtaining a license from the commission as required in sections 301.550 to 301.572. Any person who maintains or operates any business wherein a license is required pursuant to the provisions of sections 301.550 to 301.572, without such license, is guilty of a class A misdemeanor. Any person committing a second violation of [sections 301.550 to 301.572] this section shall be guilty of a class D felony.

2. All dealer licenses shall expire on December thirty-first of each year. The commission shall notify each person licensed under sections 301.550 to 301.572 of the date of license expiration and the amount of the fee required for fee renewal. The notice shall be mailed at least ninety days before the date of license expiration to the licensee's last known business address.

3. Every manufacturer, boat manufacturer, motor vehicle dealer or boat dealer shall make application to the commission for issuance of a license. The application shall be on forms prescribed by the commission and be issued under the terms and provisions of sections 301.550 to 301.572 and require all applicants, as a condition precedent to the issuance of a license, to provide such information as the commission may deem necessary to determine that the applicant is a bona fide manufacturer, boat manufacturer, motor vehicle dealer or boat dealer and of good moral character, except that every application for a license shall contain, in addition to such information as the commission may require, a statement to the following facts:

(1) The name and business address, not a post office box, of the applicant and the fictitious name, if any, under which he intends to conduct his business; and if the applicant be a partnership, the name and residence address of each partner, an indication of whether the partner is a limited or general partner and the name under which the partnership business is to be conducted. In the event that the applicant is a corporation, the application shall list the names of the principal officers of the corporation and the state in which it is incorporated. Each application shall be verified by the oath or affirmation of the applicant, if an individual, or in the event an applicant is a partnership or corporation, then by a partner or officer;

(2) Whether the application is being made for registration as a manufacturer, boat manufacturer, new motor vehicle franchise dealer, used motor vehicle dealer, wholesale motor vehicle dealer or boat dealer;

(3) When the application is for a new motor vehicle franchise dealer, the application shall be accompanied by a copy of the franchise agreement in the registered name of the dealership setting out the appointment of the applicant as a franchise holder and it shall be signed by the manufacturer, or his authorized agent, or the distributor, or his authorized agent, and shall include a description of the make of all motor vehicles covered by the franchise. The commission shall not require a copy of the franchise agreement to be submitted with each renewal application unless the applicant is now the holder of a franchise from a different manufacturer or distributor from that previously filed, or unless a new term of agreement has been entered into.

4. No insurance company, finance company, credit union, savings and loan association, bank or trust company shall be required to obtain a license from the commission in order to sell any motor vehicle, trailer or vessel repossessed or purchased by the company on the basis of total destruction or theft thereof when the sale of the motor vehicle, trailer or vessel is in conformance with applicable title and registration laws of this state.

301.560. 1. In addition to the application forms prescribed by the commission, each applicant shall submit the following to the commission:

(1) When the application is being made for licensure as a [manufacturer, boat manufacturer, motor vehicle dealer, or boat] dealer, a certification shall be made by a uniformed member of the Missouri state highway patrol stationed in the troop area in which the applicant's place of business is located; except, that in counties of the first class, certification may be authorized by an officer of a metropolitan police department when the applicant's established place of business of distributing or selling motor vehicles or trailers is in the metropolitan area where the certifying metropolitan police officer is employed, that the applicant has a bona fide established place of business. When the application is made for a boat manufacturer or boat dealer, a certification may be made by a uniformed officer of the Missouri state water patrol stationed in the troop area in which the applicant's place of business is located that the applicant has a bona fide established place of business. A bona fide established place of business for any new motor vehicle franchise dealer or used motor vehicle dealer shall include a permanent enclosed building or structure, either owned in fee or leased and actually occupied as a place of business by the applicant for the selling, bartering, trading or exchanging of motor vehicles or trailers and wherein the public may contact the owner or operator at any reasonable time, and wherein shall be kept and maintained the books, records, files and other matters required and necessary to conduct the business. The applicant's place of business shall contain a working telephone registered in the telephone company records in the dealership name which shall be maintained during the entire registration year. In order to qualify as a bona fide established place of business for all applicants licensed pursuant to this section there shall be an exterior sign displayed carrying the name and class of business conducted in letters at least six inches in height and clearly visible to the public and there shall be an area or lot which shall not be a public street on which one or more vehicles may be displayed, except when licensure is for a wholesale dealer a lot and sign shall not be required. When licensure is for a boat dealer, a lot shall not be required. In the case of new motor vehicle franchise dealers, the bona fide established place of business shall include adequate facilities, tools and personnel necessary to properly service and repair motor vehicles and trailers under their franchiser's warranty;

(2) [If the application is for licensure as a manufacturer, boat manufacturer, new motor vehicle franchise dealer, used motor vehicle dealer, or boat dealer,] For dealer applications, a photograph, not to exceed eight inches by ten inches, showing the business building and sign shall accompany the initial application. In the case of a manufacturer, new motor vehicle franchise dealer or used motor vehicle dealer, the photograph shall include the lot of the business. A new motor vehicle franchise dealer applicant who has purchased a currently licensed new motor vehicle franchised dealership shall be allowed to submit a photograph of the existing dealership building, lot and sign but shall be required to submit a new photograph upon the installation of the new dealership sign as required by sections 301.550 to 301.572. Applicants shall not be required to submit a photograph annually unless the business has moved from its previously licensed location, or unless the name of the business or address has changed, or unless the class of business has changed;

(3) If the application is for licensure as a wholesale motor vehicle dealer or as a boat dealer, the application shall contain the business address, not a post office box, and telephone number of the place where the books, records, files and other matters required and necessary to conduct the business are located and where the same may be inspected during normal daytime business hours. Wholesale motor vehicle dealers and boat dealers shall file reports as required of new franchised motor vehicle dealers and used motor vehicle dealers;

(4) Every applicant as a [new motor vehicle franchise dealer, a used motor vehicle dealer, a wholesale motor vehicle dealer, or boat] dealer shall furnish with the application a corporate surety bond or an irrevocable letter of credit as defined in section 400.5-103, RSMo, issued by any state or federal financial institution in the penal sum of twenty-five thousand dollars on a form approved by the commission. The bond or irrevocable letter of credit shall be conditioned upon his complying with the provisions of the statutes applicable to [new motor vehicle franchise dealers, used motor vehicle dealers, wholesale motor vehicle dealers and boat] dealers, and the bond shall be an indemnity for any loss sustained by any person by reason of the acts of the person bonded when such acts constitute grounds for the suspension or revocation of his license. The bond shall be executed in the name of the state of Missouri for the benefit of any aggrieved party or the irrevocable letter of credit shall name the state of Missouri as the beneficiary; except, that the aggregate liability of the surety or financial institution to the aggrieved party shall, in no event, exceed the amount of the bond or irrevocable letter of credit. The proceeds of the bond or irrevocable letter of credit shall be paid upon receipt by the commission of a final judgment from a Missouri court of competent jurisdiction against the principal and in favor of an aggrieved party;

(5) Payment of all necessary license fees as established by the commission. In establishing the amount of the annual license fees, the commission shall, as near as possible, produce sufficient total income to offset operational expenses of the commission. All fees payable under the provisions of sections 301.550 to 301.572, other than those fees collected for the issuance of dealer plates or certificates of number collected pursuant to subsection 6 of this section, shall be collected by the commission and transferred to the director of revenue for deposit in the state treasury to the credit of the "Motor Vehicle Commission Fund", which is hereby created. The motor vehicle commission fund shall be administered by the Missouri motor vehicle commission. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in such fund shall not be transferred and placed to the credit of the general revenue fund until the amount in the motor vehicle commission fund at the end of the biennium exceeds two times the amount of the appropriation from the commission's funds for the preceding fiscal year or, if the commission requires permit renewal less frequently than yearly, then three times the appropriation from the commission's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the multiple of the appropriation from the commission's funds for the preceding fiscal year.

2. In the event a new [manufacturer, boat manufacturer, motor vehicle dealer or boat] dealer submits an application for a license for a new business and the applicant has complied with all the provisions of this section, the commission shall make a decision to grant or deny the license to the applicant within eight working hours after receipt of the dealer's application, notwithstanding any rule of the commission.

3. Upon the initial issuance of a license by the commission, the commission shall assign a distinctive dealer license number or certificate of number to the applicant and the motor vehicle commission shall issue one number plate or certificate bearing the distinctive dealer license number or certificate of number within eight working hours after presentment of the application. Upon assignment of a dealer license number or certificate of number, the commission shall notify the department of revenue of the assignment and the name of the dealer to whom assigned. Upon the renewal of a boat dealer, boat manufacturer, manufacturer, or motor vehicle dealer, the commission will issue the distinctive dealer license number or certificate of number as quickly as possible. The issuance of such distinctive dealer license number or certificate of number shall be in lieu of registering each motor vehicle, trailer, vessel or vessel trailer dealt with by a boat dealer, boat manufacturer, manufacturer or motor vehicle dealer.

4. Notwithstanding any other provision of the law to the contrary, the commission shall assign the following distinctive dealer license numbers to:

New motor vehicle franchise dealers and motor vehicle manufacturers ................................ D-0 through D-999

New motor vehicle franchise [and] dealers, commercial

motor vehicle dealers, trailer dealers and

trailer manufacturers ................ D-1000 through D-1999 Used motor vehicle dealers ................ D-2000 through D-5399

and D-6000 through D-9999

[Trailer dealers ............................. T-0 through T-9999

Motor vehicle and trailer manufacturers ..... M-0 through M-9999] Motorcycle dealers ........................ D-5400 through D-5999 Boat dealers and boat manufacturers .........[B-0 through B-9999]

M-0 through M-9999

5. Upon the sale of a currently licensed new motor vehicle franchise dealership the commission shall, upon request, authorize the new approved dealer applicant to retain the selling dealer's license number and shall cause his records to indicate such transfer.

6. In the case of manufacturers and motor vehicle dealers, the commission shall also issue one number plate bearing the distinctive dealer license number to the applicant upon payment by the manufacturer or dealer of a fifty-dollar fee. Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130. Boat dealers and boat manufacturers shall be entitled to one certificate of number bearing such number upon the payment of a fifty-dollar fee. As many additional number plates as may be desired by manufacturers and motor vehicle dealers and as many additional certificates of number as may be desired by boat dealers and boat manufacturers may be obtained upon payment of a fee of ten dollars and fifty cents for each additional plate or certificate. [A motor vehicle dealer, boat dealer, manufacturer or boat manufacturer] Any dealer obtaining a dealer license plate or certificate of number or additional license plate or additional certificate of number, throughout the calendar year, shall be required to pay a fee for such license plates or certificates of number computed on the basis of one- twelfth of the full fee prescribed for the original and duplicate number plates or certificates of number for such dealers' licenses, multiplied by the number of months remaining in the licensing period for which he shall be required to be licensed. In the event of a renewing dealer, the fee due at the time of renewal shall not be prorated.

7. The plates issued under subsection 3 or 6 of this section may be displayed on any motor vehicle owned and held for resale by the motor vehicle dealer or manufacturer, and used by a customer who is test driving the motor vehicle, or is used by an employee or officer, but shall not be displayed on any motor vehicle or trailer hired or loaned to others or upon any regularly used service or wrecker vehicle. Motor vehicle dealers may display their dealer plates on a tractor, truck or trailer to demonstrate a vehicle under a loaded condition.

8. The certificates of number issued under subsection 3 or 6 of this section may be displayed on any vessel or vessel trailer owned and held for resale by a boat manufacturer or a boat dealer, and used by a customer who is test driving the vessel or vessel trailer, or is used by an employee or officer, but shall not be displayed on any vessel or vessel trailer hired or loaned to others or upon any regularly used service vessel or vessel trailer. Boat dealers and manufacturers may display their certificate of number on a vessel or vessel trailer which is being transported to an exhibit or show.

301.562. 1. The commission may refuse to issue or renew any license required pursuant to sections 301.550 to 301.572 for any one or any combination of causes stated in subsection 2 of this section. The commission shall notify the applicant or licensee in writing at his last known address of the reasons for the refusal to issue or renew the license and shall advise the applicant or licensee of his right to appeal the decision of the commission as provided in chapter 536, RSMo.

2. The commission may take such disciplinary action as provided in subsection 3 of this section upon a written notice and an opportunity to be heard in substantially the same manner as provided in chapter 536, RSMo, against any holder of any license issued under sections 301.550 to 301.572 for any one or any combination of the following causes:

(1) The applicant or license holder was previously the holder of a license issued under sections 301.550 to 301.572, which license was revoked for cause and never reissued by the commission, or which license was suspended for cause and the terms of suspension have not been fulfilled;

(2) The applicant or license holder was previously a partner, stockholder, director or officer controlling or managing a partnership or corporation whose license issued under sections 301.550 to 301.572 was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled;

(3) The applicant or license holder has, within ten years prior to the date of the application, been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any business licensed under sections 301.550 to 301.572; for any offense, an essential element of which is fraud, dishonesty or an act of violence; or for any offense involving moral turpitude, whether or not sentence is imposed;

(4) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to sections 301.550 to 301.572;

(5) Obtaining or attempting to obtain any money, commission, fee, barter, exchange or other compensation by fraud, deception or misrepresentation;

(6) Violation of, or assisting or enabling any person to violate any provisions of sections 301.550 to 301.572 or of any lawful rule or regulation adopted pursuant to sections 301.550 to 301.572;

(7) The applicant or license holder has filed an application for a license which, as of its effective date, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;

(8) The applicant or license holder has failed to pay the proper application or license fee or fails to establish or maintain a bona fide place of business;

(9) Uses or permits the use of any special license or license plate assigned to him for any purpose other than those permitted by law;

(10) The applicant or license holder is finally adjudged insane or incompetent by a court of competent jurisdiction;

(11) Use of any advertisement or solicitation which is false;

(12) Violations of sections 301.550 to 301.572 or violations of this chapter, [sections 407.511 to 407.556,] chapter 407, RSMo, [or] section 578.120, RSMo, or sections 307.350 to 307.400, RSMo;

(13) Failure to comply subsequent to receipt of a written warning from the commission concerning violations of the provisions of this chapter or regulations promulgated thereunder. For the purposes of this provision, failure to respond to a written warning, when required, shall be deemed "failure to comply".

3. Upon a finding by the commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the commission may refuse to issue the person a license, issue a private reprimand, place the person on probation on such terms and conditions as the commission deems appropriate for a period of one day to five years, suspend the person's license from one day to six days, or revoke the person's license for such period as the commission deems appropriate. The applicant or licensee shall have the right to appeal the decision of the commission in the manner provided in chapter 536, RSMo.

4. Should a dealer fail to maintain a bona fide established place of business, the commission may revoke the license of the dealer without a hearing after notification of the intent to revoke has been sent, by return receipt mail, to the dealer at the dealer's residence and business addresses, and the notices are returned undelivered or the dealer does not respond within twenty days from the date the notices were sent. Any subsequent application for a dealer's license shall be treated as an original application.

5. Upon the suspension or revocation of any person's license issued under sections 301.550 to 301.572, the commission shall advise the director of revenue of such suspension or revocation and the commission shall recall any distinctive number plates that were issued to that licensee.

301.564. 1. Any person or his agent licensed [or registered as a manufacturer, motor vehicle dealer, or boat] as a dealer pursuant to the provisions of sections 301.550 to 301.572, shall permit an employee of the department of revenue, an employee of the Missouri motor vehicle commission, or any law enforcement official to inspect, during normal business hours, any of the following documents which are in his possession or under his custody or control:

(1) Any title to any motor vehicle or vessel;

(2) Any application for title to any motor vehicle or vessel;

(3) Any affidavit provided pursuant to sections 301.550 to 301.572 or chapter 407, RSMo;

(4) Any assignment of title to any motor vehicle or vessel;

(5) Any disclosure statement or other document relating to mileage or odometer readings required by the laws of the United States or any other state;

(6) Any inventory and related documentation.

2. For purposes of this section, the term "law enforcement official" [shall mean] means any of the following:

(1) Attorney general, or any person designated by him to make such an inspection;

(2) Any prosecuting attorney or any person designated by a prosecuting attorney to make such an inspection;

(3) Any member of the highway patrol or water patrol;

(4) Any sheriff or deputy sheriff;

(5) Any peace officer certified pursuant to chapter 590, RSMo, acting in his official capacity.

3. For the purpose of this section, the term "normal business hours" means the following:

(1) The hours posted by the dealer as business hours in compliance with section 301.560, totaling a minimum of twenty hours per week; or

(2) In lieu of posted business hours, all hours between 8:00 a.m. and 8:00 p.m. every day excluding Sunday.

301.565. 1. Upon application by the motor vehicle commission, and the necessary burden having been met, a court of general jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or practices for which a license is required under the provisions of [this chapter] sections 301.550 to 301.572, upon a showing that such acts or practices were performed or offered to be performed without a license; or

(2) Violating any provision of this chapter, any rule promulgated by the commission pursuant to this chapter, subsection 1 of section 307.350, RSMo, [sections 407.511 to 407.556] chapter 407, RSMo, or section 578.120, RSMo.

2. Any action brought under this section shall be in addition to and not in lieu of any remedy provided by this chapter and may be brought concurrently with other actions to enforce this chapter.

301.566. 1. No sales of motor vehicles from any dealership's inventory shall take place at any location except the dealership's bona fide established place of business, other than off-premise activities conducted in compliance with this section, or sales or purchase transactions at wholesale dealer auctions.

2. A motor vehicle dealer may participate in any motor vehicle show or sale, held within the city or town in which the dealer is licensed to do business, and conduct sales of motor vehicles thereat, away from his usual, licensed place of business if the event is conducted for not more than ten days, and if a majority of the motor vehicle dealers within a class of dealers described pursuant to subsection 3 of section 301.550 in a city or town participate or are invited and have the opportunity to participate in the event, except that a recreational motor vehicle dealer classified in subdivision (5) of subsection 3 of section 301.550 may participate in such a show or sale even if a majority of recreational motor vehicle dealers in a city or town do not participate in the event. The commission shall consider such events to be proper in all respects and as if each dealer participant was conducting business at his usual business location.

3. Except in the case of no more than two used motor vehicles for sale on residential property, agents for the commission through local or state police officials may cause to have impounded by a private towing company any used motor vehicle which is displayed for sale at an unlicensed location. A vehicle shall be considered to be displayed for sale when a reasonable person would perceive that the vehicle is for sale without having to inquire whether the vehicle is for sale. The owner of the vehicle shall be responsible for all charges incurred in the towing and storage of such vehicles. In no event shall the state, its agencies, its employees, or any local or state police agencies or officials incur any liability for any acts pertaining to the towing of such vehicles. Notwithstanding anything to the contrary contained in this section, any person may sell any vehicle where the county or municipal government has issued a permit to sell the vehicle, provided that the seller has demonstrated to the county or municipality that the title to the vehicle is in the seller's name. Each such permit shall be limited to the specific vehicle for which it was issued. No individual shall apply for nor receive more than three such permits within a one-year period. It shall not be a defense against paying the charges incurred in the towing and storage of vehicles that the vehicle was permitted unless the permit was prominently displayed on the vehicle at the time it was towed. The county or municipal government may impose reasonable fees for the issuance of such permits.

301.570. 1. It shall be unlawful for any person, partnership, corporation, company or association, unless the seller is a financial institution, or is selling repossessed motor vehicles or is disposing of vehicles used and titled solely in its ordinary course of business or is a collector of antique motor vehicles, to sell or display or advertise with an intent to sell [seven] six or more motor vehicles in a calendar year, except when such motor vehicles are registered in the name of the seller, unless such person, partnership, corporation, company or association is:

(1) Licensed as a motor vehicle dealer by the commission under the provisions of sections 301.550 to 301.572;

(2) Exempt from licensure as a motor vehicle dealer pursuant to subsection 4 of section 301.559;

(3) Selling commercial motor vehicles with a gross weight of at least nineteen thousand five hundred pounds, but only with respect to such commercial motor vehicles;

(4) An auctioneer, acting at the request of the owner at an auction.

2. Any person, partnership, corporation, company or association that has reason to believe that the provisions of this section are being violated shall file a complaint with the prosecuting attorney in the county in which the violation occurred. The prosecuting attorney shall investigate the complaint and take appropriate action.

3. For the purposes of sections 301.550 to 301.572, the sale, barter, exchange, lease or rental with option to purchase of [seven] six or more motor vehicles in a calendar year by any person, partnership, corporation, company or association, whether or not the motor vehicles are owned by them, shall be prima facie evidence of intent to make a profit or gain of money and such person, partnership, corporation, company or association shall be deemed to be acting as a motor vehicle dealer.

4. Any person, partnership, corporation, company or association who violates subsection 1 of this section is guilty of a class A misdemeanor. Any person committing a second or subsequent violation of this section shall be guilty of a class D felony.

5. The provisions of this section shall not apply to liquidation of an estate.