§237D-4  Certificate of registration. (a)  Each operator or plan manager as a condition precedent to engaging orcontinuing in the business of furnishing transient accommodations or inbusiness as a resort time share vacation plan shall register with the directorthe name and address of each place of business within the State subject to thischapter.  The operator or plan manager shall make a one-time payment asfollows:

(1)  $5 for each registration for transientaccommodations consisting of one to five units;

(2)  $15 for each registration for transientaccommodations consisting of six or more units; and

(3)  $15 for each resort time share vacation planwithin the State;

upon receipt of which the director shall issue acertificate of registration in such form as the director determines, attestingthat the registration has been made.  The registration shall not betransferable and shall be valid only for the operator or plan manager in whosename it is issued and for the transaction of business at the place designatedtherein.

The registration, or in lieu thereof a noticestating where the registration may be inspected and examined, shall at alltimes be conspicuously displayed at the place for which it is issued. Acquisition of additional transient accommodation units after payment of theone-time fee shall not result in additional fees.

The registration provided for by this sectionshall be effective until canceled in writing.  Any application for thereissuance of a previously canceled registration identification number shall beregarded as a new registration application and shall be subject to the paymentof the one-time registration fee.  The director may revoke or cancel anylicense issued under this chapter for cause as provided by rule under chapter91.

(b)  If the license fee is paid, the departmentshall not refuse to issue a registration or revoke or cancel a registration forthe exercise of a privilege protected by the First Amendment of theConstitution of the United States, or for the carrying on of interstate orforeign commerce, or for any privilege the exercise of which, under theConstitution and laws of the United States, cannot be restrained on account ofnonpayment of taxes, nor shall section 237D-14 be invoked to restrain theexercise of such a privilege, or the carrying on of such commerce.

(c)  Any person who may lawfully be required bythe State, and who is required by this chapter, to register as a conditionprecedent to engaging or continuing in the business of furnishing transientaccommodations or as a plan manager subject to taxation under this chapter, whoengages or continues in the business without registering in conformity withthis chapter, shall be guilty of a misdemeanor.  Any director, president,secretary, or treasurer of a corporation who permits, aids, or abets suchcorporation to engage or continue in business without registering in conformitywith this chapter, shall likewise be guilty of a misdemeanor.  The penalty forthe misdemeanors shall be that prescribed by section 231-34 for individuals,corporations, or officers of corporations, as the case may be, for violation ofthat section. [L 1986, c 340, pt of §1; am L 1988, c 241, §5; am L 1989, c 199,§1; am L 1998, c 156, §17]