23 CAR § 410-702. Definitions

As used in this subpart: (1) “AMVC” means the Arkansas Motor Vehicle Commission; (2) “Contiguous” means counties bordering or sharing a common border with the host county; (3) “Dealer” means a new motor vehicle dealer licensed by the Arkansas Motor Vehicle Commission; (4) “Dealer organization” or “association” means a state or local trade association, the membership of which is comprised predominantly of motor vehicle dealers; (5)(A) “Display” means vehicles are present. (B) Dealer personnel, sales, and solicitations are prohibited; (6) “Event” means a show to display vehicles for the general public to review and inspect a manufacturer’s or distributor’s new motor vehicles; (7) “Host county” means the county in which the off-premises sale is conducted; (8)(A) “Line-make” is a particular make of vehicles for which a franchise or contract is held and offered for sale. (B) Examples: (i) Chevrolet; (ii) Harley Davidson; (iii) Honda ATV; or (iv) Fleetwood; (9) “Local dealer” means a new motor vehicle dealer whose established place of business at which he or she is licensed by the Arkansas Motor Vehicle Commission is physically located in the host county; (10) “Manufacturer or distributor event” means an event conducted by a manufacturer or distributor at a public venue for attracting potential dealers and/or consumers to its product line; (11)(A) “Model line” is a particular model of vehicle within a “line-make.” (B) Examples: (i) Fleetwood is the line-make and model lines are: (a) Pace Arrow; (b) Pace Vision; and (c) Southwind; and (ii) Chevrolet is the line-make and model lines are: (a) Silverado; (b) Corvette; and (c) Suburban; (12) “Off-premise sale” means a motor vehicle show in which personnel are present and sales are permitted; (13) “Public venue” means, when used in conjunction with “off-premises sale” or “off-premises display”, a location which: (A) Is open to the general public whether or not an admission fee is charged; and (B) Is not a new motor vehicle dealership licensed by the Arkansas Motor Vehicle Commission or a used motor vehicle lot licensed by the Division of Arkansas State Police; (14) “Qualified dealer” means a new motor vehicle dealer from a contiguous county who has both a franchise agreement or other contract from a manufacturer or distributor and a license or temporary permit from the Arkansas Motor Vehicle Commission to sell any product line-makes in the host county that he or she makes available for sale at an off-premises sale; (15) “Qualified manufacturer or distributor” means a manufacturer or distributor licensed by the Arkansas Motor Vehicle Commission for the product line they wish to promote; (16) “Reciprocity agreement” is an agreement between the State of Arkansas and another state allowing out-of-state dealers to participate in off-premises sales in Arkansas and allowing Arkansas dealers to participate in off-premises sales in that state; (17) “Sponsor” means the entity conducting the off-premises sale, such as promoter, private business, trade association, or dealer association to promote member products or a manufacturer or distributor; (18) “Sufficient representation” means a sufficient number of dealers selling all line-makes and manufacturers, whether or not those dealers participate in the off-premises sale; and (19) “Temporary permit” is a permit or license issued by the Arkansas Motor Vehicle Commission allowing an out-of-state dealer to participate in an approved off-premises sale for a period not to exceed seven (7) consecutive days.