N.J. Admin. Code § 13:21-15.1
The following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Applicant" means any person applying for an initial license to engage in the business of buying, selling, or dealing in motor vehicles, leasing motor vehicles, or for a renewal of an existing license and shall include all partners, officers, directors, and persons having a controlling interest in a sole proprietorship, limited liability company, corporation, or other business entity.
"Authorized signatory" means a dealer or leasing dealer and any employee, officer, director, partner, or other holder of an ownership interest in the licensed business, which person is authorized to execute documents on behalf of the dealer or leasing dealer, but shall not include any attorney in fact who is not an employee, officer, director, partner, or holder of an ownership interest.
"Brokering" means arranging, negotiating, facilitating, acting as an agent in, assisting in, or effectuating the purchase, sale, or lease of a motor vehicle to the general public for a fee.
"Building" means a structure enclosed with exterior walls, built, erected, and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, or property of any kind.
"Business of buying, selling, or dealing in motor vehicles" means engaging in the business of buying or selling motor vehicles on one's own account or on behalf of another, offering or displaying motor vehicles for sale, attempting directly or indirectly to sell, or participating in any transaction, including the brokering or auctioning of motor vehicles, which transaction involves the transfer of title or of legal or beneficial ownership of a motor vehicle. A leasing dealer or an assignee of a leasing dealer whose leasing activities are limited to buying motor vehicles for the purpose of leasing them and selling motor vehicles at the termination of a lease to the lessee shall not be deemed to be engaged in the business of buying, selling, or dealing in motor vehicles.
"Chief Administrator" means the Chief Administrator of the Commission, as defined in this section.
"Commission" means the New Jersey Motor Vehicle Commission.
"Controlling interest" means possessing the authority to bind the applicant or licensee and shall be presumed to be held by corporate officers and directors, partners and all individuals with ownership interests of greater than 10 percent.
"Dealer" or "motor vehicle dealer" means a new car dealer, a used car dealer, or a leasing dealer.
"Electronic" means relating to technology having electrical, digital, magnetic, optical, electromagnetic, or similar capabilities.
"Employee" means a person who works under the direction and control of another, in return for financial or other compensation, and provides services as an agent for the employer.
"Established place of business" means a permanent, properly identified location within the State where the books, records, and files necessary to buy, sell, deal in, or lease motor vehicles are kept and maintained, including, but not limited to, all documents required at N.J.S.A. 39:10-6, title papers, manufacturers' or importers' certificates of origin, motor vehicle registration records, contracts, security agreements, all payroll records, including, but not limited to, IRS Form W-2 and IRS Form W-4 records, checkbooks, ledgers for business accounts and trust accounts, corporate authorities and licenses, dealer plates, ledgers listing all issued and unissued dealer assignments, and dealer plates.
"Exterior wall" means a wall, bearing or nonbearing, that is used as an enclosing wall for a building, other than a firewall, and that has a slope of 60 degrees or greater with the horizontal plane.
"Firewall" means a fire-resistance-rated wall having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall, as defined by sections 202 and 706 of the 2021 International Building Code, known as the "IBC/2021," as adopted by the New Jersey Department of Community Affairs, as the building subcode of the Uniform Construction Code pursuant to N.J.A.C. 5:23-3.14.
"Licensed location" means the established place of business licensed by the Chief Administrator, pursuant to N.J.S.A. 39:10-19.
"Licensee" or "licensed dealer" means any person who is licensed to buy, sell, deal in, or lease motor vehicles, pursuant to N.J.S.A. 39:10-19 et seq.
"New motor vehicle dealer" means the agent, distributor, or authorized dealer of the manufacturer of a new motor vehicle who has an established place of business and who sells a minimum of four or more new motor vehicles within a 12-month timeframe.
"Online sales" means buying, selling, or dealing in motor vehicles in this State through the Internet using electronic means pursuant to N.J.S.A. 39:10-19.5.
"Person" includes natural persons, firms or co-partnerships, corporations, associations, or other artificial bodies, receivers, trustees, common law or statutory assignees, executors, administrators, sheriffs, constables, marshals, or other persons in representative or official capacity, and members, officers, agents, employees, or other representatives of those hereinbefore enumerated.
"Used motor vehicle dealer" means a person engaged in the business of buying, selling, or dealing in four or more used motor vehicles per year at an established place of business, but who is not a licensed new motor vehicle dealer. "Used motor vehicle dealer" includes all leasing dealers who are required to be licensed as used motor vehicle dealers pursuant to N.J.S.A. 39:10-19.
N.J. Admin. Code § 13:21-15.1