§ 19-1603. Exemptions.

A.  The provisions of the Transient Merchant Licensing Act shall not apply to:

1.  Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;

2.  Wholesale trade shows or conventions;

3.  Sales of goods, wares, or merchandise by sample, catalog or brochure for future delivery;

4.  Fairs and convention center activities conducted primarily for amusement or entertainment;

5.  Any general sale, fair, auction, or bazaar sponsored by any church or religious organization;

6.  Any sale sponsored by schools and universities or any charitable organization;

7.  Trade fairs;

8.  Flea markets;

9.  Garage sales held on the premises devoted to residential use;

10.  Sales of crafts or items made by hand and sold or offered for sale by the person making such crafts or handmade items;

11.  Sales of agricultural products, including Christmas trees and firewood;

12.  Sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant of such premises;

13.  Any person who maintains a permanent place of business in this state and has a registered agent therein upon whom process, notice, or demand permitted by law may be made;

14.  Any person whose participation with a "transient merchant" or in the "temporary or transient business" is limited to providing any building, structure, motor vehicle, railroad car or real estate;  15.  Fireworks; or

16.  Bibles.

B.  A transient merchant not otherwise exempted from the provisions of the Transient Merchant Licensing Act shall not be relieved or exempted from the provisions of the Transient Merchant Licensing Act by reason of associating himself temporarily with any local dealer, auctioneer, trader, contractor, or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor, or merchant.

Added by Laws 1985, c. 150, § 3, eff. Nov. 1, 1985.