NAC482.901. Interpretation of “boundaries which are clearly marked” for purposes of established place of business of dealer; when transactions required to take place at established place of business of dealers, short-term lessors and brokers; requirements for established place of business.

     1. As used in NRS 482.323, the Department will interpret the term “boundaries which are clearly marked” to mean easily identifiable physical exterior partitions and physical interior partitions that separate an established place of business, including, without limitation, the space designated for the display of vehicles for sale or lease, the area designated for an office and any area designated for parking for customers and employees, from any adjacent business.

     2. An established place of business must be open to the public Monday through Friday from 9 a.m. to 5 p.m., excluding recognized state and federal holidays, unless alternate business hours are posted in a conspicuous place at the established place of business. If alternate business hours are so posted, the established place of business must be open to the public during those hours.

     3. A dealer may conduct wholesale transactions at a location other than his or her established place of business.

     4. Except for the display of vehicles for sale or lease, a dealer may initiate a retail transaction at a location other than the established place of business of the dealer but must complete all documents related to the sale or lease and finalize the sale or lease at his or her established place of business.

     5. A dealer or broker shall not enter into any agreement that imposes a restriction upon or grants an additional privilege relating to the activities conducted by the dealer or broker at his or her established place of business.

     6. The local authority must approve the permanent enclosed building to be used by a dealer or broker at his or her established place of business before the dealer or broker may conduct any activities authorized by his or her license at his or her established place of business.

     7. If a dealer is required by a local authority to provide a parking area for customers at his or her established place of business, the parking area designated for customers must be separate from the space designated by the dealer for the display of vehicles for sale or lease.

     8. Unless otherwise required by a local authority, a dealer is not required to establish a physical interior partition in his or her permanent enclosed building between:

     (a) His or her business of selling or leasing vehicles; and

     (b) A business owned and operated by the dealer which is:

          (1) A garage registered with the Department pursuant to the provisions of NRS 487.530 to 487.567, inclusive;

          (2) A body shop licensed pursuant to NRS 487.630; or

          (3) An authorized inspection station or authorized station.

     9. As used in this section:

     (a) “Authorized inspection station” has the meaning ascribed to it in NRS 445B.710.

     (b) “Authorized station” has the meaning ascribed to it in NRS 445B.720.

     (c) “Broker” has the meaning ascribed to it in NRS 482.0127.

     (d) “Dealer” has the meaning ascribed to it in NRS 482.020.

     (e) “Established place of business” means the business that a dealer or broker is required to maintain pursuant to NRS 482.323.

     (f) “Local authority” has the meaning ascribed to it in NRS 482.0555.

     (g) “Permanent enclosed building” means an enclosed structure that:

          (1) Is designed to be used with a permanent foundation or, if designed to be used without a permanent foundation, is capable of being permanently fixed at a location;

          (2) Has at least 100 square feet of floor space to accommodate an office and secure storage of the books and other records of a business; and

          (3) Is easily recognizable as an office which is separate and distinct from other adjacent businesses where retail customers may conduct business in an office environment.

     (h) “Physical exterior partition” means a permanent fence, wall, curb or similar barrier which:

          (1) Extends an established place of business continuously along the exterior boundaries of any adjacent business, except for areas designed for ingress and egress to the established place of business.

          (2) For a dealer that is issued a license on or after February 11, 2009, is not less than 18 inches in height and is approved by the local authority to separate his or her business from another business, unless otherwise restricted by the local authority.

     (i) “Physical interior partition” means a wall or similar barrier that is not less than 7 feet in height and which separates the area designated by a dealer as an office from the area in the same building used by another business.

     (Added to NAC by Dep’t of Motor Veh. by R211-07, eff. 2-11-2009)