§289-1  Definitions.  As used in thischapter:

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

"Director of finance" means thedirector of finance of each county.

"Engaged in business", "engagingin business", and equivalent expressions mean commencing, conducting, orcontinuing in, holding oneself out by advertising, or any other means of beingin a business, as well as liquidating a business when the liquidator thereofholds oneself out to be conducting the business.  However, making ornegotiating 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 periodof one year, of more than three used motor vehicle parts or accessories (exceptas an incident to the established business of a licensed seller) shall bepresumptive evidence that the person negotiating for, or effecting such sale orpurchase is engaging in the business of selling or negotiating the purchase ofused motor vehicle parts or accessories and that, if unlicensed pursuant tothis chapter, the person negotiating for, or effecting such sale or purchase isviolating section 289-2 of this chapter.

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

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

"Sale", "selling", andequivalent expressions, mean the act or attempted act, either as principal oran agent or in any capacity whatsoever, of selling, bartering, exchanging, orotherwise disposing of, or negotiating, or offering, or attempting tonegotiate, the sale, purchase, or exchange of, or any interest in, a used motorvehicle part or accessory.

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

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

 

Revision Note

 

  Definitions rearranged.