§ 63-4033. Dealers license required - Multiple locations - Bona fide dealer status - Applications - Report of transfer of ownership - Posting license - Authority granted by license - Compliance with act.

A.  It shall be unlawful for any person to engage in the business of selling, or to serve in the capacity of, or act as a dealer of new or used vessels, or motors, or new and used vessels, and motors or any combination thereof in this state without first obtaining a license therefor as provided for by the Oklahoma Vessel and Motor Registration Act.  Any person having 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.  1.  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 need not be limited to, the following:

a.Maintenance of a display area capable of regularly displaying at least three vessels or motors, or a minimum of one thousand two hundred (1,200) square feet, indoors or outdoors,

b.Annual sales of substantial numbers of new or used vessels or motors.  "Substantial sales" normally means sale of five or more vessels or motors unless the applicant can show unusual circumstances justifying lesser sales,

c.Consistent identification of the business as a dealer or mercantile establishment in advertising, signs, telephone book listings, and the like.  The dealership must be clearly identifiable as such by any person who visits or deals with it,

d.Location of dealership in areas where zoning permits such sales and commercial operations,

e.Regular hours of operation from May 1 to September 1, inclusive, at least five (5) days per week, and

f.a picture, upon application for a new license, of the business location which includes the selling lot and the office and business sign.

2.  The Oklahoma Tax Commission shall issue a license to sell new vessels or motors only to those persons having a dealer agreement to sell new vessels or new motors in this state.

C.  1.  Applications for licenses required to be obtained pursuant to the provisions of this section shall be verified by the oath or affirmation of the applicant and shall be on forms prescribed by the Commission and furnished to such applicants, and shall contain such information as the Commission deems necessary to enable it to fully determine the qualifications and eligibility of the applicant to receive the license requested.  The Commission shall require in such application, or otherwise, information relating to:

a.the applicant's financial standing,

b.the applicant's business integrity,

c.whether the applicant has an established place of business and is primarily engaged in the pursuit, avocation or business for which a license or licenses have been requested,

d.whether the applicant is able to properly conduct the business for which a license or licenses have been requested, and

e.such other pertinent information consistent with the safeguarding of the public interest and the public welfare.

All such applications for license or licenses shall be accompanied by the appropriate fee or fees therefor in accordance with the schedule set out in Section 4034 of this title.

2.  In the event any such application is denied and the license for which requested is not issued, the entire license fee shall be returned to the applicant.

3.  All licenses issued under the provisions of the Oklahoma Vessel and Motor Registration Act shall expire on December 31 following the date of issue and shall be nontransferable.  All applications for renewal of a license issued pursuant to the provisions of this section shall be submitted by December 1 of each year, and such license will be issued by January 1.  If applications have not been made for renewal of licenses by December 31 of each year it shall be illegal for any person to sell or to serve in the capacity or act as a dealer.  If after January 31 of each year the license has not been renewed or the renewal paid, then such licensee shall be required to apply for a license as a new applicant.  Motor vehicle license agents will be notified not to accept such dealers' titles until such time as licenses have been issued by the Commission.  Provided, however, such dealers may transfer titles to vessels or motors purchased for resale prior to the expiration of their license.  Such dealer shall provide the purchaser with a copy of the invoice showing purchase of the vessel or motor prior to the expiration of the dealer's license.  Such transfers shall only be allowed within two (2) years of the license expiration.

D.  Application for a dealer's license must show that such dealer has not violated any of the provisions of this section.

E.  The Oklahoma Tax Commission may require every person licensed as a dealer, pursuant to the provisions of this subsection, to make a report to the Commission within a period of seven (7) days after the transfer by such person of the legal ownership of every vessel or motor upon a form prescribed and furnished by the Commission, showing the name and address of the purchaser, a description of the vessel or motor, including but not limited to the make, model, year made, permanent vessel number or motor number, as the case might be, the date of the transfer and such other information as the Commission may require, and containing a certificate signed by the seller that the purchaser was given notice at the time of the sale or transfer that the purchaser is required by law to obtain a certificate of title for such vessel or motor from the Commission within thirty (30) calendar days after such sale or transfer.  The Commission may cancel or suspend, in the manner provided by law, the license of any person licensed as a dealer pursuant to the provisions of this section who fails or refuses to comply with the provisions of this section.  Dealers failing to comply with provisions of this section shall be responsible for all taxes due on such sales or on such vessels or motors.

F.  The license of each dealer shall be posted in a conspicuous place in the dealer's place or places of business.

G.  1.  A new dealer's license authorizes a dealer to transfer, purchase and sell new and used vessels and motors.

2.  A used dealer's license authorizes a dealer to transfer, purchase and sell used vessels and motors.

3.  A new dealer's license or a used dealer's license authorizes a dealer to transfer and assign titles and purchase new and used vessels and motors without paying excise tax.

H.  Any dealer agreement executed or renewed on and after the effective date of this act shall comply with the provisions of the Oklahoma Vessel and Motor Registration Act.

Added by Laws 1989, c. 346, § 33, eff. Nov. 1, 1989.  Amended by Laws 1990, c. 304, § 6, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 18, eff. Jan. 1, 1993.