Current through Register Vol. 54, No.43, October 26, 2024
Section 93.12 - Dealers, manufacturers and jobbers(a) Dealer, manufacturer and jobber registrations issued under section 5307 of the code (relating to dealer registration) will be issued only to businesses that prove to the satisfaction of the Commission that they are clearly recognizable as bona fide dealers, manufacturers or jobbers. Special registrations will not be issued to a person or business that fails to prove to the satisfaction of the Commission that it is regularly engaged in the business of being a boat dealer, manufacturer or jobber. It is unlawful for a person to provide false information in applying for dealer, manufacturer or jobber registrations or to seek to obtain special registration for a boat for the purpose of avoiding applicable Commonwealth taxes.(b) A dealer is a business regularly engaged in the business of selling new or used boats. An applicant for a dealer's registration shall demonstrate that the business is clearly recognizable as a boat dealership on a regular basis. Applicants shall provide the information requested by the Commission. Proof of bona fide boat dealer status may include the following: (1) Maintenance of a boat display area capable of regularly displaying at least three boats or a minimum of 1,200 square feet, indoors or outdoors.(2) Annual sales of substantial numbers of new and used boats. "Substantial sales" normally means sale of five or more boats unless the applicant can show unusual circumstances justifying lesser sales.(3) Consistent identification of the business as a boat dealer in advertising, signs, telephone book listings, and the like. The dealership shall be clearly identifiable as such by a person who visits or deals with it.(4) Location of a dealership in areas where zoning permits boat sales and commercial operations.(5) Regular hours of operation between April 30 and September 30 on at least 5 days per week.(c) To be eligible for a jobber's registration, an applicant shall demonstrate to the satisfaction of the Commission that the applicant is regularly engaged in the boat jobber business. A jobber is a person or business selling boats only to retailers or institutions.(d) A manufacturer is a person or business engaged in building, testing or constructing boats or boat parts from raw material or parts. To be eligible for a manufacturer's registration, an applicant shall demonstrate to the satisfaction of the Commission that the applicant is regularly engaged in the business of manufacturing or testing boats or boat parts for sale.(e) Dealer, jobber and manufacturer registrations shall be issued only in the name under which the applicant is regularly engaged in the business of selling, jobbing or manufacturing boats.(f) The Commission may recall special registrations for dealers, jobbers and manufacturers upon finding that:(1) The dealer, jobber or manufacturer is no longer entitled to special registration.(2) The dealer, manufacturer or jobber has made or permitted to be made an unlawful use of a watercraft, certificate of registration, registration number or validation decal.(g) Boat dealers, jobbers or manufacturers who take in trade a boat bearing previous Pennsylvania boat registration are required, within 15 days of obtaining the boat, to place the boat under the dealer/jobber/manufacturer's dealer registration. The dealer, jobber or manufacturer shall complete Form PFBC-336 and forward it to the Division of Licensing and Registration. No fee is applicable to a transaction when dealers place boats taken in trade under their dealer registrations. It is unlawful for a boat dealer, jobber or manufacturer to operate or allow to be operated a boat received in trade bearing a Pennsylvania boat registration until the boat is placed under their dealer registration under this subsection.The provisions of this §93.12 amended April 29, 1988, effective 4/30/1988, 18 Pa.B. 2030; amended June 3, 1994, effective 6/4/1994, 24 Pa.B. 2795; amended January 2, 1998, effective 1/3/1998, 28 Pa.B. 40; amended November 5, 1999, effective 11/6/1999, 29 Pa.B. 5717; amended July 26, 2013, effective 7/27/2013, 43 Pa.B. 4214.The provisions of this §93.12 amended under the Fish and Boat Code, 30 Pa.C.S. § 5325; under section 10 of the Sunshine Act (65 P. S. § 280); and section 506 of The Administrative Code of 1929 (71 P. S. § 186).