SDCL § 32-6B-70: License required for certain activities--Violation as misdemeanor--Additional violations as felony.

No sell-it-yourself lot operator may engage in the following business activities concerning any vehicle on a sell-it-yourself lot premises, unless licensed in accordance with the provisions of this chapter:

(1) Sell, offer to sell, or negotiate the sale of any vehicle;

(2) Buy, offer to buy, or negotiate the purchase of any vehicle;

(3) Make any comments about the appearance, condition, or reputation of any vehicle;

(4) Communicate the name, address, or phone number of the owner of any vehicle to a potential customer. However, the vehicle and ownership information can be provided to a potential customer by means of a sign or information sheet placed in or on the vehicle by its owner;

(5) Advertise any of the following:

(a) The price, mileage, or the condition of a vehicle; or

(b) The name or the telephone number of a vehicle's owner;

(6) Authorize the test drive of any vehicle;

(7) Take possession of the keys of a vehicle for any purpose; or

(8) Sell, offer to sell, or facilitate the sale of any financing package or warranty package for any vehicle on the sell-it-yourself lot.

A sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation by a sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 6 felony.