301.570. Sale of six or more motor vehicles in a year without license, prohibited — prosecuting attorney, duties — penalty, exceptions.

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301.570. Sale of six or more motor vehicles in a year without license, prohibited — prosecuting attorney, duties — penalty, exceptions. — 1. It shall be unlawful for any person, partnership, corporation, company or association, unless the seller is a financial institution, or is selling repossessed motor vehicles or is disposing of vehicles used and titled solely in its ordinary course of business or is a collector of antique motor vehicles, to sell or display with an intent to sell six or more motor vehicles in a calendar year, except when such motor vehicles are registered in the name of the seller, unless such person, partnership, corporation, company or association is:

(1)Licensed as a motor vehicle dealer by the department under the provisions of sections 301.550 to 301.580 ;

(2)Exempt from licensure as a motor vehicle dealer pursuant to subsection 4 of section 301.559 ;

(3)Selling commercial motor vehicles with a gross weight of at least nineteen thousand five hundred pounds, but only with respect to such commercial motor vehicles;

(4)An auctioneer, acting at the request of the owner at an auction, when such auction is not a public motor vehicle auction.

2. Any person, partnership, corporation, company or association that has reason to believe that the provisions of this section are being violated shall file a complaint with the prosecuting attorney in the county in which the violation occurred. The prosecuting attorney shall investigate the complaint and take appropriate action.

3. For the purposes of sections 301.550 to 301.580 , the sale, barter, exchange, lease or rental with option to purchase of six or more motor vehicles in a calendar year by any person, partnership, corporation, company or association, whether or not the motor vehicles are owned by them, shall be prima facie evidence of intent to make a profit or gain of money and such person, partnership, corporation, company or association shall be deemed to be acting as a motor vehicle dealer without a license.

4. Any person, partnership, corporation, company or association who violates subsection 1 of this section is guilty of a class A misdemeanor. A second or subsequent conviction shall be deemed a class E felony.

5. The provisions of this section shall not apply to liquidation of an estate.

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(L. 1988 H.B. 1512 § 11, A.L. 1993 S.B. 35, A.L. 1995 S.B. 152, A.L. 1997 H.B. 207, A.L. 2007 S.B. 82, A.L. 2012 H.B. 1402, A.L. 2014 S.B. 491, A.L. 2018 S.B. 707)