South Dakota Codified Laws 32-6E-1. Definition of terms
Terms used in this chapter mean:
(1) “Community,” the franchisee’s area of responsibility as stipulated in the franchise. A community has a minimum radius of ten miles around an existing dealership;
Terms Used In South Dakota Codified Laws 32-6E-1
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) “Department,” the Department of Revenue;
(3) “Franchise,” a written agreement or contract between a franchisor and a franchisee which fixes the legal rights and liabilities of the parties to such agreement or contract;
(4) “Franchisee,” any person who receives snowmobiles from a franchisor under a franchise and who offers and sells the snowmobiles to the general public;
(5) “Franchisor,” any person engaged in the manufacturing or distribution of snowmobiles including any person who acts for the franchisor;
(6) “Manufacturer,” any person who manufactures or assembles snowmobiles and who issues the original or first manufacturer’s statement of origin. The term, manufacturer, includes a central or principal sales corporation through which it distributes its products to franchised dealers;
(7) “Snowmobile dealer,” any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of new or used snowmobiles, or who is engaged wholly or in part in the business of selling new or used snowmobiles.
Source: SL 1994, ch 248, § 1; SL 2004, ch 17, § 96; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.