52-7-9. Boat liveries.

The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons renting, leasing, or chartering any vessel, the identification number thereof, the departure date and time, and the expected time of return. The record shall be preserved for at least six months.#

Neither the owner of a boat livery nor his or her agent or employees shall permit any vessel to depart from his or her premises unless it shall have been provided either by the owner or renter with the equipment required pursuant to Code Section 52-7-8 and any rules and regulations made pursuant thereto.#

No boat livery vessel, except those having a length of 16 feet or less with a depth of 16 inches or less, shall be operated by any person unless there is on board a copy of the rental agreement authorizing such operation which shows the vessel number, the period of time the vessel is authorized for use by such operator, and any other pertinent information that the department may require.#

If a boat livery has obtained insurance coverage as provided for in Code Section 51-1-22.1, such boat livery shall display in conspicuous locations where boat livery vessels are rented, leased, or chartered the following written disclaimer, provided that such written disclaimer shall also accompany the rental agreement for a boat livery vessel:#

1. “NOTICE: THE OWNER OF THIS BOAT LIVERY HAS AN INSURANCE POLICY WHICH INSURES SUCH BOAT LIVERY AND DOES NOT INSURE YOU. ANY INSURANCE POLICIES THAT YOU HAVE MAY NOT COVER DAMAGES OR INJURIES CAUSED DIRECTLY OR INDIRECTLY BY YOUR OPERATION OF A BOAT LIVERY VESSEL. YOU MAY BE PERSONALLY LIABLE FOR SUCH DAMAGES OR INJURIES.”

A boat livery’s provision of the written disclaimer provided for in subsection (d) of this Code section shall not constitute the selling, soliciting, or negotiating of insurance.#