§ 3-254.1. Sale of new or used aircraft – Dealer licenses – Denial, suspension and revocation - Fine.

A.  It shall be unlawful for any person to engage in the business of selling new or used aircraft in this state, or to serve in the capacity of, or act as a dealer of new or used aircraft in this state without first obtaining a dealer license as provided in this section.  Any person utilizing more than one location where such business is carried on or conducted shall be required to obtain and hold a current license for each such location.

B.  Dealer licenses issued pursuant to this section shall be issued only to persons that prove to the satisfaction of the Oklahoma Tax Commission that they are clearly recognizable as bona fide dealers.  Proof of bona fide dealer status shall include, but not be limited to, the following:

1.  Consistent identification of the business as a dealer establishment in advertising, signs, telephone book listings, web sites, and other similar means.  The dealership shall be clearly identifiable as such by any person who visits or deals with the business; and

2.  A picture, upon application for a new license, of the business location which includes the office and business sign.

C.  Applications for licenses required to be obtained pursuant to this section shall be verified by the oath or affirmation of the applicant and shall be made on forms prescribed by the Tax Commission.  The form shall contain such information as the Tax Commission deems necessary to enable it to fully determine the qualifications and eligibility of the applicant to receive the license requested.  The Tax Commission shall require in such application information relating to:

1.  Whether the applicant has an established place of business and is primarily engaged in the pursuit or business of selling aircraft;

2.  Whether the applicant is able to properly conduct the business for which the license has been requested; and

3.  Such other pertinent information consistent with the safeguarding of the public interest and the public welfare.

All applications for licenses shall be accompanied by the appropriate fees in accordance with the provisions of this section.  In the event any application is denied and the license requested is not issued, the entire license fee shall be returned to the applicant.

D.  All licenses issued pursuant to this section shall expire on December 31 of the second year following the date of issue.  All licenses shall be nontransferable.  All applications for renewal of a license shall be submitted by November 1 of the year of renewal, and such license shall be issued by January 1.  If a licensee has not made an application for renewal of the licenses by December 31, it shall be illegal for that licensee to sell new or used aircraft in this state or to serve in the capacity of or act as a dealer of new or used aircraft in this state.  If after December 31 the license has not been renewed, then such licensee shall be required to apply for a license as a new applicant.

E.  The license fee to be charged and received by the Tax Commission for the license issued pursuant to this section shall be Two Hundred Fifty Dollars ($250.00).  There shall be no fee for renewal of a license unless the licensee is required pursuant to this section to apply for a license as a new applicant.

F.  The Tax Commission may deny an application for a license, or revoke or suspend a license, or impose a fine not to exceed Five Hundred Dollars ($500.00) against a dealer for each day that any provision of this section is violated, or for any of the following reasons:

1.  On satisfactory proof of unfitness of the applicant in any application for a license pursuant to this section;

2.  For any material misstatement made by an applicant in any application for a license pursuant to this section;

3.  A change of condition after a license is granted resulting in failure to maintain the qualifications for a license;

4.  Being a dealer who:

a.uses false or misleading advertising in connection with the business as a dealer,

b.has committed any unlawful act which resulted in the revocation of any similar license in another state,

c.has failed or refused to perform any written agreement with any retail buyer involving the sale of an aircraft,

d.has been convicted of a crime involving moral turpitude,

e.has committed a fraudulent act in selling, purchasing, or otherwise dealing in aircraft, or has misrepresented the terms and conditions of a sale, purchase, or contract for sale or purchase of an aircraft, or

f.has failed to meet or maintain the conditions and requirements necessary to qualify for the issuance of a license; or

5.  Being a dealer who does not have an established place of business.

The Tax Commission may also assess any excise tax, including penalty and interest, against any dealer determined by the Tax Commission to be in violation of this section for any aircraft sold or purchased while such dealer was in violation of this section.

G.  The Tax Commission may deny any application for a license, or suspend or revoke a license issued or impose a fine, only after appropriate notice and a hearing as set forth by rule of the Tax Commission.

H.  Any person holding a dealer license on July 1, 2000, issued pursuant to Section 254 of Title 3 of the Oklahoma Statutes shall be entitled to retain such license until December 31, 2000.  At such time, the dealer shall apply for a new license in accordance with the provisions of this section.

Added by Laws 2000, c. 138, § 2, eff. July 1, 2000.  Amended by Laws 2003, c. 67, § 1, emerg. eff. April 10, 2003; Laws 2008, c. 292, § 1, emerg. eff. June 2, 2008.