| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 10 MRSA §1242, sub-§13, as enacted by PL 1997, c. 473, §3, is | | amended to read: |
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| | | 13. New personal sports mobile. "New personal sports mobile" | | means a personal sports mobile that has not been sold previously | | to any person except a distributor or wholesaler or personal | | sports mobile dealer for resale. "New personal sports mobile" | | also means a personal sports mobile that has not been registered | | in this State or any other state or for which sales tax has not | | been paid in this State or any other state if that other state | | taxes the purchase of a new personal sports mobile. |
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| | | Sec. 2. 10 MRSA §1243, sub-§4, ¶¶C and D, as enacted by PL 1997, c. 473, | | §3, are amended to read: |
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| | | C. To resort to or use any false or misleading advertisement | | in connection with that dealer's business as a personal | sports mobile dealer; or |
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| | | D. To fail to disclose conspicuously in writing the personal | | sports mobile dealer's policy in relation to the return of | | deposits received from any person. A dealer shall require | | that a person making a deposit sign the form on which the | disclosure appears. |
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| | | Sec. 3. 10 MRSA §1243, sub-§4, ¶E is enacted to read: |
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| | | E.__To sell, directly or indirectly, a new personal sports | | mobile without holding a current and valid franchise with | | the manufacturer of the brand of new personal sports mobile | | being sold. |
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| | | Sec. 4. 10 MRSA §1243-A is enacted to read: |
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| | | §1243-A.__Unlawful sale of new personal sports mobile |
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| | | A person is guilty of unlawful sale of a new personal sports | | mobile if that person sells a new personal sports mobile and does | | not possess a current and valid franchise with the personal | | sports mobile manufacturer of the brand of new personal sports | | mobile being sold.__If, upon demand by a law enforcement officer, | | a person fails to produce evidence of a franchise required by | | this section, this failure is prima facie evidence that the | | person does not possess that franchise. |
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| | | A person who violates this section commits a Class E crime and | | additionally is liable in any action brought for unfair methods | | of competition or unfair and deceptive trade practices |
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