61-4-131. Definitions. As used in this part, the following definitions apply:
     (1) "Broker" means a person engaged in the business of offering to procure or procuring motor vehicles or who represents to the public through solicitation, advertisement, or otherwise that the person is one who offers to procure or procures motor vehicles by negotiating purchases, contracts, sales, or exchanges and who does not store, display, or take ownership of any vehicles for the purpose of selling vehicles.
     (2) "Dealer" includes a new motor vehicle dealer as defined in 61-4-201.
     (3) (a) "Designated family member" means the spouse, child, grandchild, parent, brother, or sister of a dealer who:
     (i) in the case of a deceased dealer:
     (A) is entitled to inherit the dealer's ownership interest in the dealership under the terms of the dealer's will or under the laws of intestate succession of this state; or
     (B) has otherwise been designated in writing by a deceased dealer to succeed the deceased in the motor vehicle dealership; or
     (ii) in the case of an incapacitated dealer, has been appointed by a court as the legal representative of the dealer's property.
     (b) The term includes the appointed and qualified personal representative and the testamentary trustee of a deceased dealer.
     (4) (a) "Established place of business" means the geographic location upon which a permanent building is located that is actually occupied either continuously or at regular periods by a dealer. A building is actually occupied by a dealer if the dealer's books and records are kept in the building and, except for approved off-premises sales, the dealer's business is transacted within the building.
     (b) A dealer's established place of business may also include the geographic location of one or more physical lots upon which vehicles are displayed for sale, as long as the requirements of 61-4-101(4)(d) regulating the distance between display lots and the record keeping building are met.
     (c) The geographic location of the permanent building actually occupied by the dealer or the geographic location of the physical lots upon which vehicles are displayed for sale may be identified by street address, legal description, or other reasonably identifiable description, as prescribed by the department.
     (5) "Parking", when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
     (6) "Trailer dealer" means any person, firm, or corporation engaged in whole or in part in the business of buying or selling trailers or semitrailers, with facilities for displaying one or more trailers or semitrailers.

     History: En. 51-609 by Sec. 1, Ch. 381, L. 1977; R.C.M. 1947, 51-609(1), (3); amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 5, Ch. 221, L. 1997; amd. Sec. 1, Ch. 335, L. 2003; amd. Sec. 168, Ch. 542, L. 2005.