NAC488.195. Manufacturers and dealers: Application for certificate of number and authority to issue report of sale; criteria for approval or denial of application.

     1. The Department shall not issue a dealer’s certificate of number to a manufacturer or dealer or authorize the manufacturer or dealer to issue a dealer’s report of sale until he or she submits an application to the Department which contains such information as the Department may require.

     2. In determining whether to approve or deny an application submitted pursuant to subsection 1, the Department may consider, without limitation, the following criteria:

     (a) Whether the applicant has been convicted of violating a law or regulation relating to wildlife or watercraft within the 5 years immediately preceding the date of the application.

     (b) Whether the applicant has been convicted of a felony or a crime involving moral turpitude.

     (c) The cooperation of the applicant and employees of the applicant.

     (d) Characteristics of the business where the applicant would issue a dealer’s report of sale, including, without limitation:

          (1) Accessibility of the business to all segments of the public;

          (2) Hours the business will be open to the public; and

          (3) The number of times ownership of the business has been transferred.

     (e) If the applicant was previously a boat dealer for the Department:

          (1) Whether the applicant complied with all laws and regulations for the issuance of a dealer’s report of sale and properly used a dealer’s certificate of number for demonstration purposes only; and

          (2) Whether the applicant’s authority to serve as a boat dealer for the Department was cancelled. If the authority was cancelled, the applicant must provide proof that the reason for cancellation has been corrected.

     3. Except as otherwise provided in this subsection, if an applicant wishes to be a boat dealer for the Department, the business of the applicant must have been established for at least 1 year immediately preceding the date of the application. The Department may waive this requirement if the applicant has previous experience in the business of buying and selling boats and the Department determines there is a need for a boat dealer for the Department.

     4. A dealer must have an established place of business in Nevada and a permanent building or structure on a lot owned or leased with sufficient space to display one or more boats.

     5. As used in this section, the term “permanent building or structure” does not include a residence.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 27, eff. 2-10-82]—(NAC A 4-27-84, eff. 5-25-84; 11-23-94; R122-03, 1-20-2004)