1. (1) A person who wishes to operate a boat livery shall annually register the livery with the division.

2. (2) A person shall submit the following to the division to register a boat livery:

   1. (a) a registration application on a form provided by the division;
   2. (b) evidence of a valid business license; and
   3. (c) the applicable boat livery fee.
3. (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. (4) A person may not operate a boat livery unless it has been registered with the division pursuant to Subsection (2).

5. (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.

   1. (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. (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.

   1. (b) The lease or rental agreement shall:

      1. (i) be signed by the owner of the livery or the owner's representative;
      2. (ii) be signed by the person leasing or renting the vessel;
      3. (iii) list name of the person leasing or renting the vessel;
      4. (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;
      5. (v) contain a description of the vessel's make, model, color, and length;
      6. (vi) list the period for which the vessel is leased or rented; and
      7. (vii) include a check-off list of the required safety equipment provided on the vessel.
   2. (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. (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. (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. (9) A boat livery may maintain a certificate of registration for a leased or rented vessel on shore.
10. (10) A recreational equipment timeshare business which leases or rents vessels for consideration is a boat livery.
11. (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.

KEY: boating

Date of Last Change: January 9, 2024

Authorizing, and Implemented or Interpreted Law: 73-18-10(2)