South Dakota § 32-6B-70 - License required for certain activities--Violation as misdemeanor--Additional violations as felony.

§ 32-6B-70. License required for certain activities--Violation as misdemeanor--Additional violations as felony.

No sell-it-yourself lot operator may engage in the following business activities concerning any vehicle on a sell-it-yourself lot premises, unless licensed in accordance with the provisions of this chapter:

(1)    Sell, offer to sell, or negotiate the sale of any vehicle;

(2)    Buy, offer to buy, or negotiate the purchase of any vehicle;

(3)    Make any comments about the appearance, condition, or reputation of any vehicle;

(4)    Communicate the name, address, or phone number of the owner of any vehicle to a potential customer. However, the vehicle and ownership information can be provided to a potential customer by means of a sign or information sheet placed in or on the vehicle by its owner;

(5)    Advertise any of the following:

(a)    The price, mileage, or the condition of a vehicle; or

(b)    The name or the telephone number of a vehicle's owner;

(6)    Authorize the test drive of any vehicle;

(7)    Take possession of the keys of a vehicle for any purpose; or

(8)    Sell, offer to sell, or facilitate the sale of any financing package or warranty package for any vehicle on the sell-it-yourself lot.

A sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation by a sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 6 felony.

Source: SL 1998, ch 181, § 1.