Section 75IAC5-2-1. General requirements

   (a) This section describes general requirements which must be satisfied by each boat dealer.

  (b) A boat dealer shall have a license issued by the bureau to qualify the dealer for the receipt of dealer registrations.

  (c) Only one (1) boat dealer can be licensed from a single established place of business under subsection (d) or from a single address.

  (d) A boat dealer shall, for the entire license period, have an established place of business which meets each of the specifications contained in this subsection. The established place of business shall meet the following requirements:

(1) Have an Indiana address other than a post office box.

(2) Allow for the display of at least ten (10) watercraft of the kind and type which the dealer is licensed to sell.

(3) Not be attached to, or part of, a residence.

(4) Not violate a local zoning requirement.

  (e) An established place of business which is located in a strip office mall, a garage, or a similar facility, and which otherwise satisfies subsection (d), may be approved if the following requirements are met:

(1) A separate entrance is maintained.

(2) A separate address is maintained.

(3) An adequate display area is provided.

(4) The general public is provided with a distinct impression of its separate business status.

  (f) A boat dealer shall provide the bureau with its retail merchant certificate number obtained from the department of state revenue and its federal identification number.

  (g) A boat dealer shall provide proof of liability insurance covering the established place of business under IC 9-31-4-7 [IC 9-31-4 was repealed by P.L.92-2013, SECTION 77, effective July 1, 2013.].

  (h) A boat dealer shall provide the bureau with photographs of the established place of business with the initial application for a boat dealer license. The photographs must include the following:

(1) Any major sales or storage lot.

(2) The primary exterior advertising sign.

(3) The primary display and office building.

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.

  (i) Except for a boat dealer engaged primarily in the sale of used watercraft, the dealer shall provide the bureau, with the initial licensing application, evidence of the franchise or contract agreement with a manufacturer.

  (j) The boat dealer shall maintain, at the established place of business, a conspicuous and permanent sign identifying the dealer by the name in which the dealer is operating and setting forth the hours of operation of the dealership. (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-075130451RFA) NOTE: 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.