§468L-7.5  Prohibited acts.  No travel
agency or charter tour operator shall engage in any of the following:



(1)  Selling or advertising to sell travel or charter
tour services without first registering or renewing a registration with the
director under this chapter;



(2)  Conducting business as a registered travel agency
or charter tour operator without establishing and maintaining a client trust
account, in accordance with sections 468L-5, 468L-5.5, and 468L-24 and the
rules relating to travel agencies and charter tour operators;



(3)  Failing to provide evidence of the establishment
of a client trust account or to notify the department of the name of the
financial institution at which the client trust account is held or of any
change in the account number or location within three business days of any
change, in accordance with section 468L-5 and the rules relating to travel
agencies and charter tour operators;



(4)  Making any false statement, representation, or
certification in any application, document, or record required to be submitted,
filed, or retained under this chapter;



(5)  Misrepresenting the consumer's right to cancel
and to receive an appropriate refund or reimbursement as provided under this
chapter;



(6)  Failing to provide a written statement to the
consumer containing specific information as required by section 468L‑4;



(7)  Failing to provide or otherwise comply with the
disclosure requirements of sections 468L-6 and 468L‑7;



(8)  Failing to make available to the director such
books and records as may be requested by the director pursuant to sections
468L-3(6), 468L-5.5, and 468L-28 and the rules relating to travel agencies and
charter tour operators;



(9)  Promoting travel for prostitution;



(10)  Selling, advertising, or otherwise offering to
sell travel services or facilitate travel:



(A)  For
the purpose of engaging in a commercial sexual act;



(B)  That
consists of tourism packages or activities using and offering sexual acts as
enticement for tourism; or



(C)  That
provides or purports to provide access to or that facilitates the availability
of sex escorts or sexual services; or



(11)  Otherwise violating any of the provisions of this
chapter or its rules.



For purposes of paragraph (10):



"Commercial sexual act" means any
sexual contact, as defined in section 707-700, for which anything of value is
given to or received by any person.



"Sexual act" means any sexual contact
as defined in section 707-700. [L 2001, c 62, pt of §2; am L 2004, c 82, §3]



 



Cross References



 



  Promoting travel for prostitution, class C felony offense,
see §712-1208.