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Office of the Attorney General |
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State of Rhode Island |
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Opinion No. 87-12-01 |
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A.G. Op. No. 87-21-04 |
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December 9, 1987 |
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Owner/Manager |
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State Boat Ramp |
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Pollock Avenue, Middlebridge |
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South Kingstown, Rhode Island 02882 |
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Dear Sir or Madam: |
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The Antitrust Unit of the Rhode Island Attorney General's Department has
received complaints regarding certain business practices of Rhode Island
marinas. While I do not wish to inhibit legitimate practices, it has
been determined that some marinas are violating federal and state
antitrust laws. |
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This letter is being sent to inform you of the antitrust law obligations
marinas face and to inform you of my position on these matters.
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Absent extraordinary circumstances, it is illegal to: |
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1. Require a person renting either seasonal slip or mooring space to
store a boat in either inside or outside storage at the marina for the
upcoming winter season. |
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2. Require a person storing a boat in winter storage to rent either
seasonal slip or mooring space at the marina for the upcoming summer
season. |
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3. Require a person renting either seasonal slip or mooring space to pay
a significant premium for his summer slip rental if he does not store
his boat at your yard for the winter. |
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4. Require a person storing a boat in outside winter storage to have
specific work done by the marina which is not necessary to the
decommissioning or launching of the boat. |
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5. Require a person renting either slip, mooring or outside storage
space to have a specific dollar amount of work performed on the boat by
the marina. |
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6. Require a person renting storage space to rent inside storage space.
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7. Require a person renting either slip, mooring or storage space to
purchase supplies from the marina unless the boat owner has ordered the
marina to do specific work on the boat. |
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8. Require a person renting either slip, mooring or outside storage
space to have the boat painted by the marina. |
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9. Require a person renting either slip, mooring or storage space who
wishes to purchase a new boat to purchase the boat from the marina as a
condition of remaining at the marina. |
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10. Require a person renting either slip, mooring or storage space to
pay a "commission" before a boat purchased elsewhere can be moved into
the renter's existing slip, mooring or storage space. |
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11. Require a person renting either slip, mooring or storage space who
sells a boat to pay the marina a "commission" on the sale if the marina
has not acted as the broker in the sale of the boat. Nothing herein
shall prohibit the marina from charging reasonable fees for services
rendered. |
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12. Prohibit a person renting either slip, mooring or storage space from
posting "for sale" signs which conform to reasonable regulations of the
marina. Nothing herein shall prohibit the marina from banning all for
sale signs on marina property if it is not the practice of the marina
itself to post for sale signs. |
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13. Prohibit independent contractors or owners from performing work, in
slip, mooring or outside storage areas, which does not involve the risk
to the health or safety of nearby boats or persons within the marina and
which conforms to reasonable rules and regulations established by the
marina including, with respect to independent contractors , reasonable
liability insurance requirements. |
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14. Require a person renting either slip, mooring or outside storage
space to have repair work performed by the marina's mechanics.
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If you have any questions regarding this letter, please contact Robyn Y.
Davis, Special Assistant Attorney General at 274-4400. |
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Very truly yours, |
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James E. O'Neill |
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Attorney General |
1987 WL 124055
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