(1) (a) It shall be unlawful and a violation of this part 4 for any person whose wholesaler's, powersports vehicle dealer's, used powersports vehicle dealer's, or powersports vehicle salesperson's license has been denied, suspended, or revoked to exercise the privileges of the license that was denied, suspended, or revoked.
A violation of subsection (1)(a) of this section shall be punishable in accordance withsection 44-20-429; except that a second or subsequent violation of subsection (1)(a) of this section shall be a class 6 felony.
In any trial for a violation of subsection (1)(a) of this section:
A duly authenticated copy of the board's order of denial, suspension, or revocationshall constitute prima facie evidence of the denial, suspension, or revocation;
A duly authenticated invoice, buyer's order, or other customary, written sales or purchase document or instrument proven to be signed by the defendant and indicating the defendant's role in the purchase or sale of a powersports vehicle at a retail or wholesale powersports vehicle sales location shall constitute prima facie evidence of the defendant's exercise of a privilege of licensure;
It shall be an affirmative defense that the defendant bought or sold a powersportsvehicle that was, at all relevant times, intended for the defendant's own use and not bought or sold for the purpose of profit or gain; and
The fact that the defendant has a powersports vehicle dealer's, used powersportsvehicle dealer's, or powersports vehicle salesperson's license, or another license to buy and sell powersports vehicles, that is issued by a state or jurisdiction other than Colorado, shall not constitute a defense.
Upon the defendant's conviction by entry of a plea of guilty or nolo contendere orjudgment or verdict of guilt in connection with a violation of subsection (1)(a) of this section or of section 44-20-423 (2) or 42-6-142 (1), the court shall immediately give the executive director written notice of the conviction. In addition, the court shall forward to the executive director copies of documentation of any conviction on a lesser included offense and any amended charge, plea bargain, deferred prosecution, deferred sentence, or deferred judgment in connection with the original charge.
Upon receiving notice of a conviction or other disposition pursuant to subsection (2) of this section, the executive director or his or her designee shall forward the notice to the board, which shall immediately examine its files to determine whether the defendant's license was denied, suspended, or revoked at the time of the offense. If in fact the defendant's license was denied, suspended, or revoked at the time of the offense, the board shall:
Not issue or reinstate any license to the defendant until one year after the time thedefendant would otherwise have been eligible to receive a new or reinstated license; and
Revoke or suspend any other licenses held by the defendant until at least one yearafter the date of the conviction or other disposition.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 119, § 2, effective October 1.
Editor's note: This section is similar to former § 12-6-522 as it existed prior to 2018.