Tennessee § 55-17-109 - Activities for which license required — Exception.

§ 55-17-109. Activities for which license required — Exception.

It is unlawful for any person to engage in business as, or serve in the capacity of, or act as a manufacturer, distributor, factory branch, distributor branch, factory representative, distributor representative, motor vehicle dealer, motor vehicle salesperson or automobile auction without first obtaining a license as required in this part. Notwithstanding any of this part to the contrary, an automobile auction license shall not be required for a motor vehicle dealer licensed to sell used motor vehicles if: No more frequently than once a year, the dealer utilizes an auction format to sell used motor vehicles at the dealer's established place of business; The auction is conducted by an auctioneer licensed by the Tennessee auctioneer commission; The motor vehicles are not sold on consignment; A total of not more than fifteen (15) motor vehicles are sold, each of which is at least four (4) model years old; and The dealer provides at least ten (10) days' advance written notification to the commission describing the time and place of the auction as well as the motor vehicles to be sold in the auction. It is a Class A misdemeanor for any person, firm, association, corporation, or trust to engage in business as, or act as, an automotive dismantler and recycler in this state without first obtaining a license therefor as provided in this part. The commission shall neither create nor issue any category of license other than those categories specifically required by this chapter. It is unlawful for any person to commercially engage in any activity involving the distribution and/or sale of motor vehicles or recreational vehicles without first qualifying for and obtaining a license or licenses specifically authorized by this chapter unless the requirement for licensure is specifically exempted by statute. Public automobile auctions shall be licensed and regulated by the Tennessee auctioneer commission and the Tennessee motor vehicle commission when engaged in the sale of motor vehicles. Acts 1955, ch. 79, § 4; 1959, ch. 25, § 4; 1963, ch. 109, § 3; 1977, ch. 162, § 19; 1977, ch. 450, § 2; T.C.A., § 59-1709; Acts 1989, ch. 591, §§ 1, 6; 1991, ch. 335, § 1; 1991, ch. 359, § 3; 2005, ch. 379, § 21; 2008, ch. 724, § 6. Code Commission Notes. The misdemeanor in this section has been classified as a Class A misdemeanor by authority of § 40-35-110 , which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114 . Compiler's Notes. Acts 2008, ch. 724, § 8 provided that the Tennessee auctioneer commission is authorized to promulgate rules and regulations to effectuate the purposes of the act. All the rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Cross-References. Exceptions for certain transactions, § 55-17-123 . Penalty for Class A misdemeanor, § 40-35-111 . Sale or transfer of motor vehicles from manufacturer to distributor not unlawful, § 55-17-124 . Attorney General Opinions. Because a dealer may not sell vehicles without obtaining a license to operate for each location from which the dealer does business, it may be concluded that recreational vehicles may not be sold at a motor vehicle show site, OAG 06-170, 2006 Tenn. AG LEXIS 190 (11/20/06).