| (a) An applicant for a dealer license shall submit
a properly completed, department-approved application form, accompanied
by the following:
(1) the fee prescribed by law;
(2) photographs clearly showing:
(A) the permanent sign at the location designated in
the application as the applicant's permanent place of business, clearly
indicating the name of the business;
(B) the front of the business with public access; and
(C) space sufficient for office, service area (not
applicable to floating inventory or listings), and display of vessels,
motorboats, or outboard motors (not applicable to floating inventory
or listings);
(3) a copy of the Tax Permit issued by the Comptroller
under Chapter 151, Tax Code;
(4) verification of all assumed name(s), if applicable,
in the form of assumed name certificate(s) on file with the Secretary
of State or county clerk;
(5) a photocopy of the current driver's license or
Department of Public Safety identification of the owner, president
or managing partner of the business; and
(6) a complete list of dealer agreements; and
(7) if the applicant is to maintain floating inventory
or listings at a location other than that designated as the applicant's
permanent place of business, a record of all marinas where floating
inventory or listings are expected to be displayed. If the applicant
contemplates using less than five marinas, then the application shall
include an explanatory statement. The record must identify, at a minimum,
the name, physical address, and telephone for each marina.
(b) An applicant for a distributor or manufacturer
license shall submit a properly completed, department-approved application
form accompanied by the following:
(1) the fee prescribed by law for each license requested;
(2) verification of all assumed name(s), if applicable,
in the form of assumed name certificate(s) on file with the Secretary
of State or county clerk;
(3) a complete list of manufacturers represented by
a distributorship; and
(4) a complete list of distributors, dealers, and representatives
for a manufacturer.
(c) The department will not issue a license under this
subchapter if the applicant has not signed and submitted a department-provided
license agreement stating that the applicant agrees to comply with
all applicable state laws, including Occupations Code, Chapter 2352,
concerning Franchise Agreements, when required.
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