RULES OF THE ARKANSAS MOTOR VEHICLE COMMISSION dealer carrying the same franchise line to be invited or to participate in the off-premise sale and/or event. In order to obtain approval for this exception, the following qualifications must be met: (i) The request must be sent to the Commission 45-days prior to the opening day of the event. The 45-day requirement may be waived by the Executive Director for good cause shown. (ii) The sale and/or event sponsor must invite all new automobile or truck dealers in the two contiguous counties. A majority of dealers from both counties must agree to the sponsored sale occurring in the two county region, and proof must be provided to the Commission of this agreement. (iii) The following must be provided to the Commission 45 days prior to the opening day of the event: (a) A list of all new motor vehicle dealers to whom invitations have been extended, with the address, telephone and the name of the contact person. (b) A statement signed by the Sponsor assuring that adequate space will be made available for all invited new motor vehicle dealers and/or the AMVC licensed branches. (c) A sample notice, invitation or registration form. (d) Two (2) tickets to the off-premise sale, if there is an admission fee. (e) If approval is obtained a copy of the approved form from the Commission must be forwarded to each participant. D. PROMOTIONS OR CONTESTS: A person or entity who promotes a dealers product to be used in promotions or contest shall: 1. Use dealerships products in promotions as a means of attracting attention or participation in a promoter’s event. 2. Identify the dealer only by means of notation in all promotions and advertisements, by stating, “vehicle provided courtesy of (name of dealership)” or similar language. 3. Ensure the promoter’s notation identifying the dealership is the smallest print in the promotional or advertisement material. 4. Ensure the dealer providing the vehicle remove all dealeridentifying items. 5. Ensure all federal and state required information be left on the vehicle. 6. Ensure no dealer personnel are present during the promotion or contest. 9. MANUFACTURER OR DISTRIBUTOR EVENT(S): 1. Events may be conducted by a Qualified Manufacturer or Distributor provided the following qualifications are met: (i) The event is held at a public venue. (ii) If the event promotes any dealer of its Franchise line at the event, the Manufacturer or Distributor shall promote all of its Franchise Dealers licensed by the Commission. (iii) The requesting Manufacturer or Distributor has not had its event privileges suspended or revoked by the Arkansas Motor Vehicle Commission or the Executive Director. A. In order to obtain approval for a Manufacturer or Distributor Event the Manufacturer or Distributor must: 1. Submit the request to conduct any Manufacturer or Distributor Event for approval to the Arkansas Motor Vehicle Commission on the form provided by the AMVC office at least forty-five (45) days prior to opening day of the Event. The forty-five (45) day requirement may be waived by the Executive Director for good cause shown. Attached to the request form shall be: (a) A list of all dealers the Manufacturer or Distributor will be promoting. (b) A sample notice, invitation or registration form. (c) Two (2) tickets to the Event, if there is an admission fee. A letter of admittance is allowed as well, although Commission representatives may attend at any time with or without admission. (d) If approval is obtained a copy of the approved form from the Commission must be forwarded to each participant. 2. Events may be held in conjunction with an approved Off‑Premise Sale, provided: (i) The Off-Premise Sale is conducted in accordance with this Rule. (ii) No Off-Premise Sale, held in conjunction with a Manufacturer or Distributor Event, may be exclusive to the Manufacturer’s or Distributor’s Franchise Dealers. (iii) The Manufacturer or Distributor does not sell, advertise for sale, or offer for sale any motor vehicle to a consumer. 2. Any person or entity found to be in violation of this subsection shall be subject to all remedies available pursuant to A.C.A. §23-112-101 et. seq. and the rules promulgated thereunder. 10. MANUFACTURER ALLOWED NEW MOTOR VEHICLE DISPLAYS: A. If the purpose of the show is to display vehicles for the general public to review and inspect a manufacturer’s or a distributor’s new motor vehicle(s), whether or not a Commission license is held by the entity, and the display is held at a public location in conjunction with a sponsored Off-Premise Sale, the following guidelines must be met in order for permission to be given: 1. Submit the request to conduct an Off-Premise Sale for approval to the Arkansas Motor Vehicle Commission on the form provided by the AMVC office at least forty-five (45) days prior to opening day of the Off-Premise Sale. The forty-five (45) day requirement may be waived by the Executive Director for good cause shown. Attached to the request form shall be: (a) The location and date(s) of the Off-Premise Sale. (b) A statement that the vehicle(s) will belong to the manufacturer. (c) A statement that there will be no signs or written reference in the event area identifying any dealers. (d) A statement that no sales activity will take place. 2. A manufacturer may display its vehicles at its manufacturing plants without requesting permission from the Arkansas Motor Vehicle Commission to hold such an event. However, a manufacturer cannot have a new motor vehicle display of vehicles assigned to area dealers at its plants or facilities. 3. Permission will be granted in the form of a letter. The sponsor of the Off-Premise Sale is required to provide a copy of the OffPremise Sale Request form to all participants. 4. Manufacturer or Distributor personnel may be present. 11. CANCELLATION, SUSPENSION OR TERMINATION OF OFF-PREMISE SALE AND/OR DISPLAY GROUNDS: A. The Executive Director of the Arkansas Motor Vehicle Commission may suspend, cancel, or terminate an Off-Premise Sale, Off-Premise Display, Manufacturer or Distributor Display or Event. The Executive Director may also issue an immediate termination order of an OffPremise Sale, Off-Premise Display, Manufacturer or Distributor Display or Event, if the Executive Director determines that the licensee or sponsor: 1. Has made a material misrepresentation or misstatement in the licensee’s or sponsor’s request for an off-premise sale or display approval. 2. Has used or is using any false advertising as defined by Rule 3 Advertising. 3. Has violated or is violating a law of this state or a rule adopted by the Commission pursuant to law. 4. Is conducting an Off-Premise Sale, Off-Premise Display, Manufacturer or Distributor Display or Event without permission. 5. Is conducting business in Arkansas without a license as required in A.C.A. §23-112-301. B. If the director determines that the licensee or sponsor has failed to obtain an off-Premise sale or display permit, or has failed to comply with the cancellation, suspension or termination, the director may suspend the privilege of obtaining subsequent off-premise sale and display permits for a period of one year from the date of suspension. 1. Any person or licensee refusing to obey the order shall be in violation of this Rule. 2. Any person violating this section shall be subject to any and all remedies available pursuant to A.C.A. §23-112-101 et.seq., and rules promulgated thereunder. Arkansas Automobile Dealers Association | 51
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