RI Attorney General Advisory Opi

This is the full text as transcribed from a copy received from the office of the Attorney General. Item 13 has been highlighted in red because I feel it is an extremely cut and dry point regarding your ability to hire us.

Dear Sir or Madam: 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. 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. Absent extraordinary circumstances, it is illegal to:

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.

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.

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.

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.

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.

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.

8. Require a person renting either slip, mooring or outside storage space to have the boat painted by the marina.

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.

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.

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.

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.

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.

14. Require a person renting either slip, mooring or outside storage space to have repair work performed by the marina's mechanics.

If you have any questions regarding this letter, please contact Robyn Y. Davis, Special Assistant Attorney General at 274-4400.

If you feel that you have been the victim of a restrictive or retaliatory practice by a marina and would like to do something about it, you may file a formal complaint with the Rhode Island Attorney General. If several people at the same marina follow through we can work to change these unfair practices.