32-6B-2.Principal place of business defined.
For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within this state, easily accessible and open to the public at least twenty hours per week between the hours of 8:00 a.m. to 8:00 p. m., inclusive, with an improved display area immediately adjoining the building that is large enough to display five or more vehicles of the type the dealer is licensed to sell. It is the location at which the business of a vehicle dealer may be lawfully carried on in accordance with all applicable building codes, zoning, and other land use ordinances. Each licensed dealer shall maintain an enclosed permanent office on the location. Each office shall be adequately heated and lighted. The hours of operation of the office and an operating phone number shall be clearly posted at or near the main entrance to the office. Each location shall display an exterior sign that contains the name of the business and that is permanently affixed to the land or building. The exterior sign shall be clearly legible from the public right-of-way serving the location. It is the location where the books, records, and files necessary to conduct the business of the dealer are kept and maintained. In no event may rooms in a hotel, motel, apartment house, or any part of any single or multiple unit dwelling house be considered a principal place of business unless the entire ground floor of the facility is devoted principally to and occupied for commercial purposes. Any dealer licensed under this chapter shall maintain and continuously occupy a principal place of business. However, an emergency vehicle dealer is exempt from the requirement of having its principal place of business in South Dakota.
Source: SL 1986, ch 250, §2; SL 1990, ch 239, §1; SL 1998, ch 175, §2; SL 2019, ch 130, §6.
Structure South Dakota Codified Laws
Chapter 06B - Regulation Of Vehicle Dealers
Section 32-6B-1 - Definition of terms.
Section 32-6B-1.1 - Motor home defined.
Section 32-6B-1.2 - Recreational park trailer defined.
Section 32-6B-1.3 - Temporary special events lot defined.
Section 32-6B-1.4 - Temporary supplemental lot defined.
Section 32-6B-2 - Principal place of business defined.
Section 32-6B-3 - Sale on consignment--Contract required--Form.
Section 32-6B-3.1 - Sale on consignment prohibited for vehicle without statement of origin.
Section 32-6B-3.2 - Odometer reading required for consignment or auction--Violation a misdemeanor.
Section 32-6B-3.4 - Auction on consignment of older vehicle titled in another state.
Section 32-6B-3.5 - Auction on consignment of older motorcycle titled in another state.
Section 32-6B-4 - License required--Violation as misdemeanor.
Section 32-6B-4.1 - Brokering prohibited--Violation as misdemeanor.
Section 32-6B-5 - Exemptions from licensing requirements.
Section 32-6B-5.2 - Permit for dealer licensed in another state to sell motorcycles at event.
Section 32-6B-5.3 - Permit for dealer licensed in another state to sell trailers at event.
Section 32-6B-5.5 - Permit for manufacturer to display trailers at event.
Section 32-6B-5.7 - Permit for sponsor to display customized motorcycles at event.
Section 32-6B-6 - Application required--Contents.
Section 32-6B-7.2 - Increase in dealer bond amount--Implementation.
Section 32-6B-8 - Dealer in new vehicles to maintain repair shop.
Section 32-6B-11 - Verification of application by department--Refusal to issue license.
Section 32-6B-12 - Classification of licenses--Issuance of license certificate.
Section 32-6B-12.1 - Low-speed vehicle retail sales.
Section 32-6B-13 - Fees for dealer's licenses--Disposition of fees.
Section 32-6B-15 - Renewal application--Fees.
Section 32-6B-16 - Modification of license certificate--Display of license.
Section 32-6B-17 - Separate licenses--Requirement.
Section 32-6B-18 - Permission to change principal place of business within county.
Section 32-6B-19 - Supplemental licenses for supplemental lots within county--Exemptions.
Section 32-6B-20 - Books, records, and files to be kept--Inspection.
Section 32-6B-21 - Issuance of dealer plates--Numbering--Fees--Return of plates--Misdemeanor.
Section 32-6B-21.1 - Mailing fees.
Section 32-6B-22 - Use of dealer plates--Transfer of plates--Violation as misdemeanor.
Section 32-6B-22.2 - Use of dealer 88 license plates_Transfer of plates.
Section 32-6B-24 - Repossession of dealer plates.
Section 32-6B-26 - Temporary license permit--Provision by dealer.
Section 32-6B-27 - Location of temporary license permit.
Section 32-6B-36.1 - Dealer's car auction agency--Government-owned vehicles.
Section 32-6B-36.4 - Use of agency plates--Transfer of plates--Violation as misdemeanor.
Section 32-6B-37 - Dealer's car auction agency--Records required.
Section 32-6B-37.1 - Public auction to keep records--Inspection by dealer appointed inspectors.
Section 32-6B-38 - Appointment of inspectors--Entry authorized--Complaints.
Section 32-6B-39 - Investigation of dealers--Authorized.
Section 32-6B-41.1 - Cease and desist order for specified violations--Period of effectiveness.
Section 32-6B-41.2 - Cease and desist order--Request for hearing--Procedure.
Section 32-6B-41.3 - Finality of cease and desist order.
Section 32-6B-41.5 - Contest of order--Procedure.
Section 32-6B-41.6 - Finality of order.
Section 32-6B-41.7 - Cease and desist order--Failure to comply--Penalty.
Section 32-6B-42 - Notification of surety of license denial, suspension or revocation.
Section 32-6B-49.1 - Terms or conditions not allowed in franchise agreement.
Section 32-6B-50 - Notice of intention to enter into additional franchise for same line-make.
Section 32-6B-51 - Copies of notice to be sent to franchisees and other interested persons.
Section 32-6B-53 - Hearing on objection--Time and place--Notice--Continuance.
Section 32-6B-54 - Burden of proof at hearing.
Section 32-6B-55 - Hearing upon change of circumstances.
Section 32-6B-56 - Dealer's license not to be issued to franchisee absent compliance by franchisor.
Section 32-6B-56.1 - Trailer franchisees not subject to certain provisions.
Section 32-6B-59 - Right of department to apply for injunction against violation of chapter.
Section 32-6B-60 - Adoption of rules.
Section 32-6B-61 - Schedule of compensation for warranty work.
Section 32-6B-62 - Trailer dealers exempt from certain liability insurance requirements.
Section 32-6B-63 - Regulation of advertising.
Section 32-6B-64 - Advertising defined.
Section 32-6B-66 - In-transit permits for certain trailer manufacturer's trailers.
Section 32-6B-67 - Promulgation of rules for in-transit permits for trailer manufacturer's trailers.
Section 32-6B-69 - Franchise agreement--Change of terms--Dealer rights.
Section 32-6B-69.1 - Audit by franchisor--Limitation--Exception.
Section 32-6B-71 - Vehicle dealership--Death of owner--Succession of interest.
Section 32-6B-72 - Succession--Refusal to honor.
Section 32-6B-74 - Contents of notice.
Section 32-6B-76 - Approval may not be unreasonably withheld.
Section 32-6B-78 - Transferee's qualification as sole issue in objection.
Section 32-6B-79 - Manufacturer defined.
Section 32-6B-80 - Manufacturer or franchisor may not own or operate dealership--Exceptions.
Section 32-6B-81 - Manufacturer or franchisor may own or operate for limited period--Conditions.
Section 32-6B-82 - Exceptions for the purpose of broadening diversity of dealer body.
Section 32-6B-83 - Extension of time period in 32-6B-81--Application--Limit.
Section 32-6B-85 - Civil action for injunction and damages.
Section 32-6B-86 - Applicability of SL 2010, ch 156 amendments.
Section 32-6B-89 - Licensed dealer permitted to take vehicle to adjoining county for demonstration.