Indiana Code
Chapter 11. Regulation of Vehicle Merchandising
9-32-11-2-b. License Application; Affidavits; Bonds; Fees

Note: This version of section effective 7-1-2023. See also preceding version of this section, effective until 7-1-2023.
Sec. 2. (a) An application for a license under this article must:
(1) be accompanied by payment of the applicable fee required under this section;
(2) be on a form prescribed by the secretary;
(3) contain the information the secretary considers necessary to enable the secretary to determine fully:
(A) the qualifications and eligibility of the applicant to receive the license; and
(B) the ability of the applicant to conduct properly the business for which the application is submitted;
(4) contain evidence of a bond required in subsection (e);
(5) contain evidence of liability coverage required by section 14 of this chapter;
(6) contain the federal tax identification number issued to the dealer; and
(7) contain the registered retail merchant's certificate issued to the dealer under IC 6-2.5-8.
(b) An application for a license as a dealer must show whether the applicant proposes to sell new or used motor vehicles, or both.
(c) An applicant who proposes to use the Internet or another computer network to facilitate the sale of motor vehicles shall maintain all records at the established place of business in Indiana.
(d) Except as provided in subsection (e), the application must include an affidavit from:
(1) the person charged with enforcing a zoning ordinance, if one exists; or
(2) the zoning enforcement officer under IC 36-7-4;
who has jurisdiction over the real property where the applicant wants to operate as a dealer. The affidavit must state that the proposed location is zoned for the operation of a dealer's establishment.
(e) If there is no person or officer under subsection (d)(1) or (d)(2), the application must be accompanied by a statement to that effect from the executive (as defined in IC 36-1-2-5) of the unit in which the real property is located.
(f) The applicant may file the zoning affidavit under subsection (d) or statement under subsection (e) with the application at any time after the filing of the application. However, the secretary may not issue a license until the applicant files the affidavit or the statement.
(g) The zoning affidavit under subsection (d) or statement under subsection (e) may not be signed by a person described in subsection (d)(1) or (d)(2) or the executive of the unit more than ninety (90) days before the affidavit or statement is submitted to the secretary as part of an application for a license under this article.
(h) A licensee shall maintain a bond satisfactory to the secretary in the amount of twenty-five thousand dollars ($25,000). The bond must:
(1) be in favor of the state;
(2) secure payment of fines, penalties, costs, and fees assessed by the secretary after:
(A) notice;
(B) opportunity for a hearing; and
(C) opportunity for judicial review; and
(3) secure the payment of damages to a person aggrieved by a violation of this article by the licensee after a judgment has been issued.
(i) Service under this chapter shall be made in accordance with the Indiana Rules of Trial Procedure.
(j) The fee for a license for a manufacturer or a distributor is thirty-five dollars ($35).
(k) The fee for a license for a used motor vehicle dealer, new motor vehicle dealer, or automobile auction company is thirty dollars ($30).
(l) The fee for a transfer dealer or a converter manufacturer is twenty dollars ($20).
(m) The fees collected under this section are nonrefundable and shall be deposited as set forth in IC 9-32-7-3.
As added by P.L.92-2013, SEC.78. Amended by P.L.62-2014, SEC.28; P.L.151-2015, SEC.65; P.L.174-2016, SEC.83; P.L.179-2017, SEC.80; P.L.284-2019, SEC.30; P.L.120-2020, SEC.59; P.L.20-2022, SEC.11.