Definitions.

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§ 810. Definitions. For the purposes of this article:

1. "Dealer" shall mean any person who (a) engages, in whole or in part, in the business of buying, selling, leasing, exchanging and/or repairing new and unused vessels and/or used vessels, or new and unused and/or used inboard engines, inboard/outdrives or outboard motors for vessels, and (b) has an established place of business for the sale, lease, trade, repair and/or display of vessels, inboard engines, inboard/outdrives or outboard motors.

2. "Distributor" shall mean any person who offers for sale, sells or distributes one or more brands of new vessels to any new vessel dealer, and who maintains a factory representative or who controls a person who offers for sale, sells or distributes one or more brands of new vessels to any new vessel dealer.

3. "Established place of business" shall mean a permanent commercial building at which the business of a new vessel dealer is conducted, including the display and repair of vessels.

4. "Factory representative" shall mean an agent or employee of a manufacturer or distributor who is retained or employed for the purpose of selling or promoting the sale of new vessels to new vessel dealers or prospective new vessel dealers.

5. "Manufacturer" shall mean any person engaged in the business of manufacturing or importing new and unused vessels, new and unused inboard engines, inboard/outdrives, outboard motors, or component parts and accessories therefor.

6. "Vessel" shall mean every description of watercraft, including an iceboat, used or capable of being used as a means of transportation on water or ice, and shall include the hull, motor/engine, component parts, spars, sails and accessories of such watercraft; provided, however, that personal watercraft and dealers of personal watercraft shall not be subject to the provisions of this article when such dealers are subject to the provisions of article seventeen-A of the vehicle and traffic law, as added by chapter eight hundred fifteen of the laws of nineteen hundred eighty-three.



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