§289-1  Definitions.  As used in this
chapter:



"Business" includes any activities
engaged in by any person or organization or caused to be engaged in by the
person or it for the object of gain, benefit, or advantage, either direct or
indirect.



"Director of finance" means the
director of finance of each county.



"Engaged in business", "engaging
in business", and equivalent expressions mean commencing, conducting, or
continuing in, holding oneself out by advertising, or any other means of being
in a business, as well as liquidating a business when the liquidator thereof
holds oneself out to be conducting the business.  However, making or
negotiating a casual or isolated sale or purchase is not engaging in business,
but the sale or negotiation for the purchase by any person, during any period
of one year, of more than three used motor vehicle parts or accessories (except
as an incident to the established business of a licensed seller) shall be
presumptive evidence that the person negotiating for, or effecting such sale or
purchase is engaging in the business of selling or negotiating the purchase of
used motor vehicle parts or accessories and that, if unlicensed pursuant to
this chapter, the person negotiating for, or effecting such sale or purchase is
violating section 289-2 of this chapter.



"Motor vehicle" means every vehicle
which is self-propelled.



"Retail", "sale at retail",
"retail sale", and equivalent expressions, mean the act or attempted
act of selling a used motor vehicle part or accessory to a person for use as a
consumer.



"Sale", "selling", and
equivalent expressions, mean the act or attempted act, either as principal or
an agent or in any capacity whatsoever, of selling, bartering, exchanging, or
otherwise disposing of, or negotiating, or offering, or attempting to
negotiate, the sale, purchase, or exchange of, or any interest in, a used motor
vehicle part or accessory.



"Used motor vehicle part or
accessory" means a motor vehicle part or motor vehicle accessory which has
been the subject of prior sale at retail, either individually or attached to a
motor vehicle as a component part or accessory thereof.



"Wholesale", "sale at
wholesale", "wholesale sale", and equivalent expressions mean
any sale other than a retail sale. [L 1967, c 277, §2; HRS §289-1; gen ch 1985]



 



Revision Note



 



  Definitions rearranged.