Oklahoma § 63-4033 - Dealers license required - Multiple locations - Bona fide

§ 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

Oklahoma Statutes - Title 63. Public Health and Safety

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 Service

Oklahoma 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. Service Oklahoma 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 Service Oklahoma and furnished to such applicants, and

shall contain such information as Service Oklahoma deems necessary

to enable it to fully determine the qualifications and eligibility

of the applicant to receive the license requested. Service Oklahoma

shall require in such application, or otherwise, information

relating to:

a.

the applicant's financial standing,

b.

the applicant's business integrity,

Oklahoma Statutes - Title 63. Public Health and Safety

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.

Licensed operators will be notified not to accept such dealers'

titles until such time as licenses have been issued by Service

Oklahoma. 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. Service Oklahoma may require every person licensed as a

dealer, pursuant to the provisions of this subsection, to make a

report to Service Oklahoma 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 Service Oklahoma,

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

Oklahoma Statutes - Title 63. Public Health and Safety

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 Service Oklahoma

within thirty (30) calendar days after such sale or transfer.

Service Oklahoma 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; Laws 2022, c. 282, § 221, emerg. eff. May

19, 2022.