32-7B-17. Grounds for denial of license or application of provisions of §§32-7B-17.1 to 32-7B-17.6, inclusive.
The department may deny any application or apply the provisions of §§32-7B-17.1 to 32-7B-17.6, inclusive, on any license issued under the provisions of this chapter, for any of the following:
(1)Commission of fraud of willful misrepresentation in the application for or in obtaining a license;
(2)Conviction of a felony involving the theft of boats or other motor vehicles in the last five years;
(3)A violation of any law of this state that relates to dealing in boats;
(4)Failure to comply with any administrative rule promulgated by the department;
(5)Perpetration of a fraud upon any person as a result of dealing in boats;
(6)Failure to apply for transfers of title as required in chapters 32-3 and 42-8;
(7)Failure to allow department inspections, including initial and annual inspections, complaint investigations and necessary follow-up inspections;
(8)Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of boats which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcasted, televised, or made in any manner with regard to the sale or financing of boats;
(9)Refusal to comply with a licensee's responsibility under the terms of a boat warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;
(10)Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a boat;
(11)Inability to obtain or renew surety bond; or
(12)Failure to maintain a principal place of business.
Source: SL 1998, ch 185, §17; SL 2005, ch 162, §37.
Structure South Dakota Codified Laws
Chapter 07B - Regulation Of Boat Dealers
Section 32-7B-1 - Boat dealer defined.
Section 32-7B-2 - License required--Exceptions--Violation as misdemeanor.
Section 32-7B-3 - Classification of licenses.
Section 32-7B-4 - Application required--Contents.
Section 32-7B-5 - Verification of application--Refusal of application.
Section 32-7B-6.1 - Increase in dealer bond amount--Implementation.
Section 32-7B-7 - Proof of contract or franchise.
Section 32-7B-8 - Dealer license--Fee--Renewal--Disposition of fees--Promulgation of Rules.
Section 32-7B-9 - Books, records, and files to be kept--Inspection.
Section 32-7B-10 - Issuance of dealer plates--Fees--Disposition of fees.
Section 32-7B-10.1 - Mailing fees.
Section 32-7B-11 - Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor.
Section 32-7B-14 - Dealer inspectors.
Section 32-7B-15 - Investigation of dealers.
Section 32-7B-17 - Grounds for denial of license or application of provisions of §§ 32-7B-17.1 to 32-7B-17.6, inclusive.
Section 32-7B-17.1 - Cease and desist order for specified violations--Period of effectiveness.
Section 32-7B-17.2 - Hearing on question of whether violations occurred--Procedures.
Section 32-7B-17.3 - Finality of cease and desist order.
Section 32-7B-17.5 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.
Section 32-7B-17.6 - Finality of order to pay fine or suspend or revoke license.
Section 32-7B-20 - Promulgation of rules--Administration by local officials.
Section 32-7B-21 - Principal place of business defined.
Section 32-7B-22 - Permission to change principal place of business.
Section 32-7B-24 - Separate licenses for places of business in different counties.
Section 32-7B-25 - Temporary permits for special events--Time limitation--Fee.
Section 32-7B-26 - Consignment sales--Contract required--Form.
Section 32-7B-27 - Manufacturer's statement of origin required for sale on consignment.
Section 32-7B-30 - Temporary location--Time limit--Zoning and building requirements.