Chap. 364.—An ACT to amend and re-enact sections 5, 8, 10 and 11 of Chapter
406 of the Acts of Assembly of 1944, said chapter of said act being known,
designated and cited as the “Virginia Motor Vehicle Dealer Licensing Act”,
relating to license fees, use of unimproved lots and premises, grounds for
denying, suspending or revoking licenses, and refusal of license; noties is hearing.

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Approved March 28, 1946

Be it enacted by the General Assembly of Virginia:

1. That sections five, eight, ten and eleven of chapter four hun-
dred six of the Acts of Assembly of nineteen hundred and forty-four, are
hereby amended and re-enacted so as to read as follows:

Section 5. License Fees.—(a) The license fee for each fiscal year,
or part thereof, shall be as follows:

(1) For motor vehicle dealers, distributors and wholesalers, fifteer:
dollars for each principal place of business, plus five dollars for a supple-
mental license for each car lot not immediately adjacent to a principal
place of business.
(2) For manufacturers, twenty dollars, and for each branch fac-
tory in this State, ten dollars.

(3) Manufacturers, wholesalers and distributors may operate as a
motor vehicle dealer, without any additional fee or license.

(4) For motor vehicle salesmen, two dollars.

(5) For factory representatives, or distributor branch representa-
tives, two dollars.

(b) All licensing fees shall be collected by the Commissioner as
provided in this act and by him shall be paid into the State Treasury
and are hereby appropriated to the said Commissioner for the purpose
of administering, enforcing and effectuating the purposes of this act.
All payments out of this appropriation shall be made by the Treasurer
of Virginia on warrants of the Comptroller, issued on vouchers signed
by the Commissioner or such other person or persons as shall be desig-
nated by him. ,

(c) The licenses and fees required by this act are in addition to
licenses, taxes and fees imposed by other provisions of law, and nothing
contained in this section or in any other section of this act shall be con-
strued as exempting any person, firm or corporation of any license, tax
or fee imposed by any other provision of law.

Section 8. Use of unimproved lots and premises.—A licensed
motor vehicle dealer may use vacant lots and premises for the sale and
display of motor vehicles: Provided, that if such lots and premises are
more than twenty-five yards distance from the dealer’s established place
of business, a supplemental license is obtained for each such lot or prem-
ises.

Section 10. Grounds for denying, suspending or revoking li-
censes.—A license may be denied, suspended or revoked on any one or
more of the following grounds:

(1) Material misstatement in application for license.

(2) Wilful failure to comply with any provision of this act or any
lawful rule or regulation promulgated by the Commissioner under this

(3) Being a motor vehicle dealer, failure to have an established
place of business as defined in this act.

(4) Being a new motor vehicle dealer, engaging in the business of
selling at retail any new motor vehicle without having authority of a
written contract or franchise with the manufacturer or authorized dis-
tributor of that particular make of new motor vehicle.

(5) Wilfully defrauding any retail buyer, to the buyer’s damage, or
any other person in the conduct of the licensee’s business.

(6) Employment of fraudulent devices, methods or practices in
connection with compliance with the requirements under the statutes of
this State with respect to the retaking of motor vehicles under retail in-
stallment contracts and the redemption and resale of such motor ve-
hicles.

(7) Having used unfair methods of competition or unfair decep-
tive acts or practices.

(8) Knowingly advertising by any means any assertion, repre-
sentation or statement of fact which is untrue, misleading or deceptive
in any particular relating to the conduct of the business licensed or for
which a license is sought.

Section 11. Refusal of license ; notice ; hearing—The Commission-
er shall act upon all applications for a license within thirty days after
receipt thereof, by either granting or refusing the same. Any applicant
denied a license shall, upon his written request filed within thirty days,
be given a hearing at such time and place as determined by the Commis-
sioner, or person designated by him. All such hearings shall be public
and shall be held with reasonable promptness.

Any applicant denied a license for failure to comply with the defi-
nition of an established place of business, as defined in this act, may not,
nor shall anyone, apply for a license for such premises, for which a li-
cense was denied, until the expiration of sixty (60) days from the date
of the rejection of such application.