Many dealers give a lot of thought to the state premises requirements prior to opening or during the initial licensing processes. Hours and days the dealership will be open are one of the items on the checklist that dealers often consider before they hang a shingle and start selling cars. And with good intentions, that is how the dealership operates for years. However, like any business, dealerships mature and change over time, and if that includes changing your hours and days of operation, you should notify the state state. 

 

It is important to meet the state premises requirements at the time the application is submitted; at any point during the process, TxDMV can request a site visit and failure to have all requirements in place could result in penalties.

 

A few things to remember for your retail location:

 

• A dealer must be open at least 4 days per week. And they must be open at least four consecutive hours on those days.

 

• A dealer can be open on Saturday or Sunday, but NOT on both consecutively. The Blue Law only applies to "self-propelled vehicles." Towable travel-trailers, utility and semi-trailer sales are exempt.

 

• The hours that you're open must be posted at the main entrance to your building, accessible to the public. If you have a gate around the outside of your lot, then be sure to post the hours there so people will know your hours when they are trying to access your building after hours.

 

• You must have either an owner, or a bona fide employee, present during those business hours to buy, sell, or exchange vehicles. 

 

• The question that always come up is: "I am a two-person operation. What if no one is available because we have to go to the auction, tax office or somewhere else--what do we do?" If an owner or employee is not available during business hours, then a "Be Back" sign must be posted indicating the time and date of the return.  

 

• Regardless of your business hours, your business phone must be answered by an employee, answering service, or voicemail from 8am to 5pm on weekdays. You can use a mobile phone, but the requirements are the same and the mobile phone needs to be listed under the dealership's business name. 

 

If you do change the hours or days of operation at your dealership, be sure to notify TxDMV through the eLICENSING portal on the TxDMV website. More information on how to amend your dealer's license can also be found on the TxDMV website under the eLICENSING Resources page.