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§ 17-49-201. Purpose

(a) Peddlers have always been recognized as a special class, subject to special laws regulating, licensing, and policing the class. This is based on their particular way of doing business, upon the fact that many of them contribute nothing or very little in the way of taxes and otherwise to the support and building of […]

§ 17-49-202. Definitions

As used in this subchapter, unless the context otherwise requires: (1) (A) “Established place of business” means any permanent warehouse, building, or structure: (i) At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, during usual business hours throughout the year or usual production season; […]

§ 17-49-203. Procedure for exemption

(a) No person shall be exempt from the requirements of this subchapter by reason of the provisions of § 17-49-202(4)(B) unless he or she or the driver of the motor vehicle upon which his or her property is being transported shall, upon the request of any state, county, or township officer sworn to preserve the […]

§ 17-49-204. Penalties

(a) Any person violating any provision of this subchapter shall be guilty of a misdemeanor, except as herein otherwise provided, and shall upon conviction be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not […]

§ 17-49-205. Enforcement

It shall be the duty of the Department of Finance and Administration or its authorized agents, the Department of Arkansas State Police, and all peace officers to enforce this subchapter.

§ 17-49-207. License required

No person shall engage in business or use any motor vehicle in this state as an itinerant merchant, as defined and fixed in § 17-49-202, without complying with this subchapter and without obtaining from the Department of Finance and Administration the license required by this subchapter.

§ 17-49-208. Application for license

(a) An application for a license as an itinerant merchant shall be made to the Department of Finance and Administration through any of its authorized agents upon forms to be prepared by the department. (b) A separate application and license shall be required for each motor vehicle to be operated. (c) In addition to any […]

§ 17-49-209. License expiration and renewal — Fees

(a) (1) The fee for each license, except as herein otherwise provided, shall be fifty dollars ($50.00) per year. (2) However, if the license is issued after June 30 in any year, the license fee shall be twenty-five dollars ($25.00). (3) The proper fee shall accompany the application. (b) All licenses issued and license fees […]

§ 17-49-210. Bonds and insurance

(a) No license shall be issued by the Department of Finance and Administration until the applicant has filed with each application the following insurance policies and bonds issued by an insurance company or bonding company authorized to do business within this state, which have been approved by the department: (1) A bond in the penal […]

§ 17-49-211. Suits against merchant and surety

Any person having a cause of action against the itinerant merchant arising out of the matters described in § 17-49-210(a)(1) and (2): (1) May join the itinerant merchant and the surety on his or her bond in the same action; or (2) May sue the surety without joining the itinerant merchant in the action if […]

§ 17-49-212. Power of attorney — Service of summons

Before a license shall be issued, the applicant shall sign and file with the Department of Finance and Administration an irrevocable power of attorney appointing the department his or her agent to accept service of summons for all causes of action against him or her arising out of the conduct of his or her business […]

§ 17-49-213. Issuance and use of license

(a) Upon the approval and issuance of the application and upon compliance with the terms of this subchapter, the Department of Finance and Administration shall issue to the applicant a license as an itinerant merchant. (b) The license shall: (1) Be numbered; (2) Show the amount of fees paid; (3) Specifically describe the itinerant merchant […]

§ 17-49-214. License revocation

Upon such notice and hearing as the Department of Finance and Administration may deem proper, it may revoke any license issued under the provisions of this subchapter for failure to comply with any of the laws of this state, or if any judgment recovered against any itinerant merchant remains unpaid for a period of sixty […]