§ 63-4041. Violations - Denial, revocation or suspension of license - Fine.

The Oklahoma 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 or Sections 4033 through 4040 of this title is violated or for any of the following reasons:

1.  On satisfactory proof of unfitness of the applicant in any application for any license pursuant to the provisions of the Oklahoma Vessel and Motor Registration Act;

2.  For any material misstatement made by an applicant in any application for any license pursuant to the provisions of the Oklahoma Vessel and Motor Registration Act;

3.  For any failure to comply with any provision of the Oklahoma Vessel and Motor Registration Act or any rule promulgated by the Commission under authority vested in it by the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of this title;

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

5.  Being a dealer who:

a.has required a purchaser of a new vessel or motor, as a condition of sale and delivery thereof, to also purchase special features, appliances, accessories or equipment not desired or requested by the purchaser and installed by the dealer,

b.uses any false or misleading advertising in connection with his business as such a dealer,

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

d.has failed or refused to perform any written agreement with any retail buyer involving the sale of a vessel or motor,

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

f.has committed a fraudulent act in selling, purchasing, or otherwise dealing in vessels or motors or has misrepresented the terms and conditions of a sale, purchase, or contract for sale or purchase of a vessel or motor or any interest therein including an option to purchase such vessel or motor, or

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

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

7.  Being a new vessel or new motor dealer who:

a.does not provide for a suitable repair shop separate from the display room with ample space to repair or recondition one or more vessels or motors at the same time, and which is equipped with such parts, tools and equipment as may be requisite for the servicing of vessels or motors in such a manner as to make them comply with the safety laws of this state and to properly fulfill the dealer's or manufacturer's warranty obligation.  Provided that the provisions of this subparagraph shall not apply to:

(1)mercantile establishments engaged in the selling of vessels and motors if:

(a)such vessel and motor business does not constitute more than ten percent (10%) of the business of such establishment,

(b)the vessels sold at such establishment are under fourteen (14) feet in length, and

(c)the outboard motors sold at such establishment are under ten (10) horsepower, or

(2)dealers which are engaged solely in the business of selling canoes.  For the purposes of this subsection, "canoe" shall mean a vessel that is long relative to its width, that has curved sides and is tapered to two (2) pointed ends, or is tapered to one (1) pointed end and blunt on the other end, and is generally of traditional shape,

b.does not hold a dealer agreement in effect with a manufacturer or distributor of new vessels or motors for the sale of the same and is not authorized by the manufacturer or distributor to render predelivery preparation of such vessels or motors sold to purchasers and to perform any authorized post-sale work pursuant to the manufacturer's or distributor's warranty, or

c.does not properly service a new vessel or motor before delivery of same to the original purchaser thereof.

Added by Laws 1989, c. 346, § 41, eff. Jan. 1, 1990.  Amended by Laws 1990, c. 304, § 10, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 22, eff. Jan. 1, 1993.