6 • Jan. 15 - 28, 2016 • The Log


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Letters/Online Comments Measure Y


Re: Ardell properties on Mariners Mile are potentially up for sale (Jan. 1 issue). There is absolutely nothing in Measure Y that could not be performed without it being on the ballot. Council can allow for this area to be devel- oped. It is not a difficult process, and it is far less complex and less expensive than passing a sweep- ing proposal like Measure Y. Whoever you got that informa- tion on, do not trust them again. They have an agenda and are making you look like a fool.


Robert Johnson Submitted on TheLog.com


Ethanol bad for boats? Quick, someone warn Brazil!


Re: EPA increases ethanol man- date (Jan. 1 issue). In Brazil, you can’t buy straight gasoline. All of their gas is E26 or higher. Are you telling me that Brazil, where their interstate system is the Amazon and its tributaries has more prob- lems with their boat motors? They don’t have roads, they have water. That’s ridiculous! The NMMA is either directly or indi- rectly associated with the petro- leum industry, just like AAA. These organizations fight corn based ethanol because it’s the only biofuel that is a threat to them. Biobutanol is many years from being commercially viable.


When the industry adopted E10 they had the blender’s tax credit to offset losing 10 percent of their profit. When that left, the gloves came off. Learn about Brazil, it’s an ethanol success story. No special cars, no special boats or motorcycles and they all get E26 with E30 as the goal. They didn’t all break down when they went from E10 to E15 after all. Give us choice at the pump, let people decide on their own and find out the boogey man isn’t there.


Joe Submitted on TheLog.com


Public access to shore- line


Re: Back Bay Landing project approved with modifications (Jan. 1 issue). I hope this project will have shoreline access for the public for float-tubers, kayakers and fishermen. If not, I’ll be com- plaining to the Coastal Commission for a re-review or appeal.


Anonymous Submitted on TheLog.com


Corrections


Re: Back Bay Landing project approved with modifications (Jan. 1 issue). The article incor- rectly stated “a mobile home park, Bayside Village, would be removed and replaced.” In fact,


Can I sell more than one boat a year? Q


By David Weil, Esq.


Is it legal to sell more than one boat a year in California


without having a yacht bro- ker’s license? I own one boat that I have for sale and have the opportunity to purchase another which I intend to clean up and sell for a profit. I know there are restrictions on the number of cars that I can buy and sell in the course of a year so I was curious about whether boats are subject to the same restrictions.


er to re-examine his business plan. His fundamental prem- ise - that he will be able to purchase and sell used boats at a profit - may be seriously flawed. But we will leave that discussion for another day. His observations about the used car industry are accurate. Most states, including California, place restrictions on the purchase and sale of cars for a profit. In California,


A


the RV storage area will be removed, not the mobile home park. The article has been updat- ed with the correct information.


Fast Facts: First Yacht Club in San Diego


San Diego’s first yacht club opened its doors almost 164 years ago and held its debut regatta about three weeks later. Pacific Pioneer Yacht Club was established March 16, 1852; its first regatta was held April 10, 1852. Below are some tidbits about the club’s founding and first regatta:


Members at founding: 15


# of original members in U.S. military: 7 Membership’s vessel types: First regatta start time: First place prize:


Second place prize: Third place prize: Regatta winners:


Regatta dinner admission:


Schooners, Sloops 11:30 a.m.


Gold-chased drinking cup ($250 value) Silver speaking trumpet Suit of colors


Piutus (first), Lavinia (second) $10 men, $5 women (club members only) Source: The Journal of San Diego History (San Diego Historical Society Quarterly, Fall 1974, Volume 20, Number 4)


Before answering this question I should ask our read-


a dealer’s license is required for anyone that buys, sells or exchanges cars for a profit (Calif. Vehicle Code sec. 285). Yachts, ships and boats, how- ever, are not subject to the same restrictions, but we should provide an overview of the industry’s regulatory land- scape before answering our reader’s question. Yacht Sales in California


are regulated by the California Division of Boating and Waterways (DBW). The agency was formerly a stand- alone department in California but it was absorbed into the Department of Parks & Recreation several years ago. It oversees a number of programs, including a loan and grant program for the financing of launching ramps and marinas, a licensing pro- gram for captains of passen- ger boats that operate solely on state waters (such as Lake Arrowhead), and the licensing of yacht and ship brokers and salespeople. Notably, California and


Florida are the only states in the country that require


licensing of yacht brokers. For most of the remainder of the country, a yacht broker may hang out his or her shingle and start selling boats with nothing more than a local business license. Brokers in California are


regulated under the California Yacht and Ship Brokers Act (Calif. Harbors and Navigation Code sec. 700), and regula- tions that are promulgated under the Act (mostly under Title 14 of the California Code of Regulations). The Division of Boating and Waterways reg- ulates brokers through the enforcement of these statutes and regulations, issuing licenses, administering licens- ing examinations, auditing brokers, and where necessary, disciplining brokers for viola- tions of the statutes and regu- lations. With this framework in


mind, let’s get to our reader’s question by looking at a cou- ple definitions. The California Yacht and Ship Brokers Act defines “Yacht” as a vessel that is over 16 feet in length and


On Board With Johnson by J.R. Johnson See ATTORNEY page 19


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