CHAPTER 4. BOAT DEALERS
IC 9-31-4
Chapter 4. Boat Dealers
IC 9-31-4-1
Classification of dealers
Sec. 1. Dealers are classified for the purposes of this chapter andIC 9-29-15 into two (2) categories as follows:
(1) Class A dealers have more than one (1) business location forthe sale of boats.
(2) Class B dealers have only one (1) business location for thesale of boats.
As added by P.L.71-1991, SEC.11.
IC 9-31-4-2
Necessity for licensure
Sec. 2. A person must be licensed under this chapter before theperson may engage in the business of selling boats.
As added by P.L.71-1991, SEC.11.
IC 9-31-4-3
Application for license; conditions
Sec. 3. (a) An application for a license must meet all the followingconditions:
(1) Be accompanied by the fee under IC 9-29-15-7.
(2) Be on a form prescribed by the secretary of state.
(3) Contain any information that the secretary of statereasonably needs to enable the secretary of state to determinefully the qualifications and eligibility of the applicant to receivethe license, the location of each of the applicant's places ofbusiness in Indiana, and the ability of the applicant to conductproperly the business for which the application is submitted.
(b) An application for a license as a dealer must show whether theapplicant proposes to sell new or used boats or both.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,SEC.41.
IC 9-31-4-4
License; specification of business location; display
Sec. 4. A license issued to a dealer must specify the location ofeach place of business and shall be conspicuously displayed at eachbusiness location. If a business name or location is changed, theholder shall notify the secretary of state within ten (10) days andremit the fee specified under IC 9-29-15-8. The secretary of stateshall endorse that change on the license if it is determined that thechange is not subject to other provisions of this chapter.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,SEC.42.
IC 9-31-4-5
Term of license; fees Sec. 5. A license issued under this chapter is valid for one (1) yearafter the date the license is issued. All license fees shall be paid atthe annual rate under IC 9-29-15-7.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,SEC.43.
IC 9-31-4-6
Denial, suspension, or revocation of license
Sec. 6. (a) A license may be denied, suspended, or revoked forany of the following:
(1) A material misrepresentation in the application for a licenseor other information filed with the secretary of state.
(2) A lack of fitness under the standards set forth in this chapteror a rule adopted by the secretary of state under this chapter.
(3) A willful failure to comply with this chapter or any ruleadopted by the secretary of state under this chapter.
(4) A willful violation of a federal or state law relating to thesale, distribution, financing, or insuring of boats.
(b) The procedures set forth in IC 9-22-4 governing the denial,suspension, or revocation of a license issued under IC 9-22-4 alsoapply to the denial, suspension, or revocation of a license issuedunder this chapter. If the secretary of state denies, suspends, orrevokes a license issued or sought under this chapter, the affectedperson may file an action in the circuit court of the Indiana county inwhich the person's principal place of business is located seeking ajudicial determination as to whether the action is proper. Thesecretary of state's action does not take effect until thirty (30) daysafter the secretary of state's determination has been made and anotice is served upon the affected person. The filing of an action asdescribed in this section within the thirty (30) day period is anautomatic stay of the secretary of state's determination.
(c) Revocation or suspension of a license of a dealer may belimited to one (1) or more locations, one (1) or more defined areas,or certain aspects of the business.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,SEC.44.
IC 9-31-4-7
Evidence of insurance
Sec. 7. (a) A person licensed under this chapter shall furnishevidence that the person currently has liability insurance covering theperson's place of business. The policy must have limits of not lessthan the following:
(1) One hundred thousand dollars ($100,000) for bodily injuryto one (1) person.
(2) Three hundred thousand dollars ($300,000) per accident.
(3) Fifty thousand dollars ($50,000) for property damage.
(b) The minimum amounts must be maintained during the time thelicense is valid.
As added by P.L.71-1991, SEC.11.
IC 9-31-4-8
Powers and duties of secretary of state
Sec. 8. In carrying out the duties imposed on the secretary of stateunder this chapter, the secretary of state may do the following:
(1) Investigate and evaluate the qualifications of applicants fora license.
(2) Issue, deny, suspend, and revoke licenses.
(3) Investigate and conduct hearings on violations of thischapter.
(4) Issue orders and determinations.
(5) Sue and be sued in the name of the secretary of state or thestate.
As added by P.L.71-1991, SEC.11. Amended by P.L.1-1992, SEC.66;P.L.106-2008, SEC.45.
IC 9-31-4-9
Use of revenues; compensation and expenses
Sec. 9. The secretary of state shall use all revenues accruing to thesecretary of state under this chapter to enforce this chapter andIndiana boat registration laws. All necessary expenses incurred andall compensation paid by the secretary of state for administering thischapter shall be paid out of the revenue received under this chapterand from any supplemental appropriations.
As added by P.L.71-1991, SEC.11. Amended by P.L.106-2008,SEC.46.