23-112-1004. License requirements and application fees.

23-112-1004. License requirements and application fees. (a) The following acts are unlawful: (1) The violation of any of the provisions of this subchapter; (2) Engaging in the business as, serving in the capacity of, or acting as a new recreational vehicle dealer, recreational vehicle salesperson, recreational vehicle manufacturer, recreational vehicle distributor, recreational vehicle factory representative, or recreational vehicle manufacturer representative in this state without first obtaining a license as provided in this subchapter; or (3) Offering to sell or selling a recreational vehicle to a consumer except through a licensed new recreational vehicle dealer holding a dealer agreement for the line-make covering the new recreational vehicle or as may otherwise be provided in § 23-112-403(a)(3). (b) A person, firm, association, corporation, or trust engaging, acting, or serving in more than one (1) of the capacities under subdivision (a)(2) of this section or having more than one (1) place where one (1) or more of the actions under subdivision (a)(2) of this section is carried on or conducted shall obtain and hold a separate and current license for each capacity and place of business. (c)(1) A person shall not engage in the business of buying, selling, or exchanging new recreational vehicles unless the person: (A) Holds a valid license issued by the Arkansas Motor Vehicle Commission for the make of recreational vehicles being bought, sold, or exchanged; or (B) Is a bona fide employee or agent of the licensee. (2) As used in this subsection, “engage in the business of buying, selling, or exchanging recreational vehicles” means: (A) Displaying for sale new recreational vehicles on a lot or in a showroom; (B) Advertising for sale new recreational vehicles regardless of the medium used; or (C) Regularly or actively soliciting buyers for new recreational vehicles. (d)(1) An application for a license shall be accompanied by the appropriate fees in accordance with the schedule under this subchapter. (2) If an application is denied and the license applied for is not issued, the entire license fee shall be returned to the applicant. (3) The license fees to be charged and received by the commission for the licenses issued under this subchapter shall be as follows: (A) For each manufacturer, distributor, factory branch and division, or distributor branch and division, nine hundred dollars ($900); (B) For each manufacturer, distributor, or factory representative, four hundred dollars ($400); (C) For each recreational vehicle dealer, one hundred dollars ($100); (D) For each recreational vehicle salesperson, fifteen dollars ($15.00); (E) For each branch location, twenty-five dollars ($25.00); and (F) For each replacement certificate of license, ten dollars ($10.00). (4)(A)(i) A person, firm, or corporation required to be licensed under this subchapter that fails to make application for the license at the time required shall pay a penalty of fifty percent (50%) of the amount of the license fee for each thirty (30) days of default, in addition to the fees required to be paid under this subsection. (ii) The penalty under subdivision (d)(4)(A)(i) of this section may be waived, in whole or in part, within the discretion of the commission. (B) A license application for sales personnel shall be received in the commission office within thirty (30) days of employment.