61-4-124. Annual report -- filing and registration fees -- grace period for dealer and demonstrator plates -- restrictions imposed upon failure to file. (1) On or before December 31 of each year, a dealer shall submit an annual report, in a form or manner prescribed by the department, to the department to advise the department of any changes concerning owner identity, other ownership interests, felony conduct, general liability insurance status, and surety bond filings, as originally required under 61-4-101, that may have occurred in that calendar year and to provide any other relevant information requested by the department.
     (2) (a) The department may require a dealer to submit one or more current photographs of the dealer's established place of business or the signage for the business with the dealer's annual report.
     (b) If a dealer seeks to change the geographic location of the dealer's established place of business, the dealer shall also provide information concerning local land use planning, zoning, and business permitting compliance, if applicable, and a diagram or plat for the proposed location, consistent with the requirements of 61-4-101.
     (3) Except as provided in subsection (4)(c), the annual report must be accompanied by a $5 filing fee and one or more of the following dealer registration fees, based on the type of license held by the dealer:
     (a) $25 for a new motor vehicle, used motor vehicle, new recreational vehicle, or used recreational vehicle dealer's license; and
     (b) $25 for a motorcycle or trailer dealer's license.
     (4) (a) Except as provided in subsections (4)(b) and (4)(c), a used motor vehicle dealer shall also certify, under penalty of law, to the retail sale of 12 or more used motor vehicles during the calendar year for which the annual report is filed. A used motor vehicle dealer licensed for less than a full calendar year in the year for which the report is filed shall certify, under penalty of law, to the retail sale of an average of at least one used motor vehicle for each calendar month or portion of a calendar month that the license was in effect.
     (b) The minimum retail sales requirements of this subsection (4) do not apply to a dealer filing an annual report for a used motor vehicle dealer's license and either a new motor vehicle dealer's license or a new recreational vehicle dealer's license.
     (c) (i) A used motor vehicle dealer who cannot certify, under penalty of law, to the number of retail sales required under subsection (4)(a) in a calendar year for which the report is filed must pay a fee of $25 in addition to the filing and registration fees required in subsection (3).
     (ii) A used motor vehicle dealer who is also a qualified tow truck operator, as defined in 61-8-903, and who, in the dealer's annual report, cannot certify, under penalty of law, to the retail sale of five or more used motor vehicles during the calendar year for which the report is filed, shall pay a fee of $25 in addition to the filing and registration fees required in subsection (3).
     (iii) A dealer licensed as a motor vehicle wrecking facility under Title 75, chapter 10, part 5, is exempt from the minimum retail sales reporting requirements of subsection (4)(a), as well as the lower minimum sales requirements of this subsection (4).
     (5) A dealer whose annual report is received by the department on or before December 31 of the calendar year may display or use dealer or demonstrator plates assigned and registered for the prior calendar year through the last day of February of the following year.
     (6) (a) On or after January 1 of the year following the calendar year for which an annual report and filing and registration fees are due under this section, the department may not renew dealer or demonstrator plates for a dealer who has not filed the annual report and paid the fees due under this section.
     (b) On or after March 1 of the year following the calendar year for which an annual report and filing and registration fees are due under this section, the department may not issue or transfer a title under the provisions of 61-4-111(1) to or from a dealer who has not filed the annual report and paid the fees, and the department shall initiate an administrative action under the provisions of 61-4-105(2) to revoke the dealer's license unless the dealer voluntarily surrenders the license, along with any previously assigned dealer and demonstrator plates, to the department for cancellation.

     History: En. Sec. 6, Ch. 409, L. 1999; amd. Sec. 7, Ch. 385, L. 2001; amd. Sec. 11, Ch. 299, L. 2003.