License required for certain activities--Violation as misdemeanor--Additional violations as felony.

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32-6B-70. License required for certain activities--Violation as misdemeanor--Additional violations as felony.

No sell-it-yourself lot operator may engage in the following business activities concerning any vehicle on a sell-it-yourself lot premises, unless licensed in accordance with the provisions of this chapter:

(1)Sell, offer to sell, or negotiate the sale of any vehicle;

(2)Buy, offer to buy, or negotiate the purchase of any vehicle;

(3)Make any comments about the appearance, condition, or reputation of any vehicle;

(4)Communicate the name, address, or phone number of the owner of any vehicle to a potential customer. However, the vehicle and ownership information can be provided to a potential customer by means of a sign or information sheet placed in or on the vehicle by its owner;

(5)Advertise any of the following:

(a)The price, mileage, or the condition of a vehicle; or

(b)The name or the telephone number of a vehicle's owner;

(6)Authorize the test drive of any vehicle;

(7)Take possession of the keys of a vehicle for any purpose; or

(8)Sell, offer to sell, or facilitate the sale of any financing package or warranty package for any vehicle on the sell-it-yourself lot.

A sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation by a sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 6 felony.

Source: SL 1998, ch 181, §1.


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