Section 75 IAC 5-2-1 - General requirementsAuthority: IC 9-13-2-42; IC 9-32-3-1
Affected: IC 6-2.5; IC 9-32
Sec. 1.
(a) In addition to the requirements found in IC 9-32, watercraft dealers licensed or applying to be licensed shall meet the following requirements in order to be granted a license and for the entire licensing period: (1) No other dealer is licensed at or operating from the same address or established place of business at which the watercraft dealer is licensed or applying to be licensed. An exemption may be granted at the secretary's discretion if all dealers licensed and operating from the same address or established place of business have common, identical ownership and there is no more than one (1) of a particular license type at the same address or established place of business.(2) The watercraft dealer's established place of business meets the following requirements: (A) Is located in Indiana.(B) Is not attached to or part of a residence.(C) Has an Indiana address that is not an Indiana post office box address.(D) Allows for the display of at least ten (10) watercraft of the kind and type which the watercraft dealer is licensed to sell.(E) Has a conspicuous and permanent sign identifying the watercraft dealer by the name in which the watercraft dealer is licensed and setting forth the hours of operation of the dealership.(3) The watercraft dealer's established place of business may not be located in a strip office mall, a garage, or a similar facility unless the following requirements are met:(A) A separate entrance is maintained.(B) A separate address is maintained (e.g., suite number).(C) The general public is provided with a distinct impression of its separate business status.(b) A watercraft dealer shall provide the secretary with photographs of the established place of business with the initial application for a watercraft dealer license. The photographs must include the following:(1) Any sales or storage lot.(2) The primary exterior advertising sign required by this section.(4) The established place of business.(5) The exterior and interior of the watercraft dealer office. The photographs must be at least three (3) inches by five (5) inches large. The photographs must be updated if the dealership is moved or if its facilities are substantially altered or modified.
(c) A watercraft dealer proposing to sell new watercraft shall provide the secretary, with the initial licensing application, evidence of the franchise or contract agreement with a manufacturer.Secretary of State; 75 IAC 5-2-1; filed Jun 7, 1993, 10:00 a.m.: 16 IR 2355; readopted filed Jul 30, 2001, 10:31 a.m.: 24 IR 4232; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; readopted filed Nov 13, 2013, 3:25 p.m.: 20131211-IR-075130451RFAFiled 12/14/2017, 1:15 p.m.: 20180110-IR-075160434FRAReadopted filed 11/30/2023, 11:48 a.m.: 20231227-IR-075230626RFA Transferred from the Bureau of Motor Vehicles (140 IAC 9-3-1) to the Secretary of State (75 IAC 5-2-1) by P.L. 106-2008, SECTION 54, effective July 1, 2008.