(d) Place of business in New York. An applicant for a dealer registration must have and continuously maintain a place of business in this state. Only a New York registered retail dealer may engage in the buying and selling of vehicles at retail as a business in New York. An application for registration shall be denied, or, if one has been approved, such registration shall be subject to suspension, revocation and/or a civil penalty as provided for in section 78.32 of this Part, where the Commissioner has reasonable grounds to believe that such application has been or will be used for the purpose of circumventing the restrictions set forth in section 78.8 of this Part regarding sales away from premises.

Revised statements regarding the Regulatory Impact Statement, Rural Area Flexibility Analysis, Job Impact Statement and Regulatory Flexibility Analysis for Small Businesses and Local Governments are not submitted with this proposed rule because no substantial changes were made to the proposed regulation that affect such statements.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:

An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.

The agency received no public comment.