For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ITINERANT MOTOR VEHICLE DEALERS." Those persons engaged in the sale of either new or used motor vehicles for only a specified period of time at a temporary location.
"MOTOR VEHICLE DEALER." Any person engaged in the business of selling, offering to sell, soliciting or advertising the same or new or used motor vehicles or possessing motor vehicles for the purpose of resale either on his own account or on behalf of another either as his primary business or incidental thereto.
"MOTOR VEHICLE DEALER" does not include the following:
(1) Receivers, trustees, administrators, executors, personal representatives, guardians or other person appointed by or acting under the judgment or order of any court and any bank, trust company or lending institution that is subject to state or federal regulation with regard to its disposition of repossessed motor vehicles;
(2) Public officers while performing their social duties; or
(3) Employees of person enumerated in divisions (1) and (2) of this subsection when engaged in the specific performance of their duties as employees.
"MOTOR VEHICLE LEASING DEALER." Any person engaged in the business of regularly making available, offering to make available or arranging for another person to use a motor vehicle pursuant to a bailment, lease or their contractual arrangement under which a charge is made for its use at a periodic rate for at least a monthly term and title to the motor vehicle is in a person other than the user, but shall not mean a manufacturer or its affiliate leasing to its employees or to dealers.
"MOTOR VEHICLE SALESPERSON." Any person who is employed as a salesperson by a motor vehicle dealer to sell motor vehicles or who is employed as an auctioneer by a motor vehicle auction dealer to sell motor vehicles at auction.
"MOTOR VEHICLES." Every vehicle intended primarily for use and operation on the public highways that is self-propelled, but shall not include farm tractors and other machines and tools used in the production, harvesting and care of farm products.
"NEW MOTOR VEHICLE DEALERS." A vehicle dealer who holds a valid sales and service agreement, franchise or contract granted by the manufacturer, distributor or wholesaler for the sale of the manufacturer's new motor vehicles.
"NEW MOTOR VEHICLE DEALERSHIP FACILITY." An established place of business which is being used or will be used primarily for the purpose of selling, buying, displaying, repairing and servicing motor vehicles.
"PERMANENT FOUNDATION." Footers, foundation walls or a monolithic reinforced four-inch concrete mat and footer constructed of appropriately-reinforced poured concrete and/or mortared- in-place masonry units which are of sufficient structural integrity to withstand all imposed loads, uplift and lateral forces.
"PERMANENT STRUCTURE." Any combination of materials whether portable or fixed which comprises a structure or non-mined underground area affording facilities or shelter for any human occupancy, whether infrequent or regular. The word "building" shall be construed whenever used herein as if followed by the words "or part or parts thereof, and all equipment therein" unless the context clearly requires a different meaning. "Building" shall not mean manufactured housing or metal storage buildings.
"PERSON." A natural person, partnership, firm, corporation, association, trust estate or other legal entity.
"SALE." The issuance, transfer, agreement for transfer, exchange, pledge, mortgage in any form whether by transfer in trust or otherwise of any motor vehicle or interest in it or of any franchise related to it as well as any option, subscription, other contract or solicitation looking to a sale or offer to attempt to sell in any form whether spoken or written. A gift or delivery of any motor vehicle or franchise with respect thereto with or as a bonus on account of the sale of anything shall be deemed a sale of the motor vehicle or franchise.
"USED MOTOR VEHICLE DEALER." Any person engaged in the business of selling at retail, displaying, offering for sale or dealing in used motor vehicles, but shall not mean any person engaged in the business of dismantling, salvaging or rebuilding motor vehicles by means of using used parts or any public officer performing his official duties.
(Ord. 32:2002, passed 12-9-02)