R650-221-1. Boat Liveries

(1) A person who wishes to operate a boat livery shall annually register the livery with the division. (2) A person shall submit the following to the division to register a boat livery: (a) a registration application on a form provided by the division; (b) evidence of a valid business license; and (c) the applicable boat livery fee. (3) A person who has registered with the division a boat livery as an outfitting company is not required to pay the boat livery fee required by Subsection (2)(c). (4) A person may not operate a boat livery unless it has been registered with the division pursuant to Subsection (2). (5)(a) A boat livery owner shall display the name of the boat livery on the outward superstructure of each vessel in the boat livery's fleet. (b) If a governmental agency with regulatory authority over a boat livery or a vessel in the boat livery's fleet prohibits the display of a livery's name on the exterior of a vessel in the boat livery's fleet, the boat livery owner shall display the boat livery's name on the vessel in a visible manner that does not violate the agency's requirements. (6)(a) A boat livery that rents or leases a vessel from its fleet shall do so pursuant to a written rental or lease agreement. (b) The lease or rental agreement shall: (i) be signed by the owner of the livery or the owner's representative; (ii) be signed by the person leasing or renting the vessel; (iii) list name of the person leasing or renting the vessel; (iv) list the vessel's assigned bow number, hull identification number, or other number if the vessel is not powered by a motor or sail; (v) contain a description of the vessel's make, model, color, and length; (vi) list the period for which the vessel is leased or rented; and (vii) include a check-off list of the required safety equipment provided on the vessel. (c) A person renting or leasing a motorboat or sailboat shall carry on board the vessel a copy of the lease or rental agreement. (7) A person renting or leasing a group of non-motorized vessels is only required to complete one rental agreement pursuant to Subsection (6). (8) Upon request of the division, the owner of a boat livery, or the owner's representative, shall provide the division with a copy of a lease or rental agreement. (9) A boat livery may maintain a certificate of registration for a leased or rented vessel on shore. (10) A recreational equipment timeshare business which leases or rents vessels for consideration is a boat livery. (11) Each vessel in a boat livery's fleet that is equipped with a 50 hp or greater motor shall be covered with liability insurance as required by Sections 73-18c-101 through 73-18c-308 and Sections 31A-22-1501 through 31A-22-1504.