Section 34-35-1 Definitions. As used in this chapter, the following terms shall have the following meanings ascribed to them, unless the context clearly indicates otherwise: (1) TRANSIENT MERCHANT. Any person that transacts transient business in this state either in one locality or by traveling from place to place in this state. The term includes a […]
Section 34-35-2 Exemptions from chapter. (a) The provisions of this chapter shall not apply to: (1) Civic and nonprofit organizations, wholesale sales to retail merchants by commercial travelers or agents selling in the usual course of business; (2) Wholesale trade shows or conventions; (3) Sales of goods, wares, services, or merchandise by sample catalogue or […]
Section 34-35-3 Requirements for transacting business. A transient merchant may not transact business in any county in this state unless the merchant, and the owner of the merchandise or provider of the services to be offered, if the merchandise is not owned or the services are not provided by the merchant, has secured a license […]
Section 34-35-4 Application for license. (a) A transient merchant who desires to transact business in a county in this state must apply for and obtain a license in each county in which the merchant desires to transact business. The license application shall be filed with the probate judge and must include: (1) The name and […]
Section 34-35-5 Forms for license applications, certificates, and renewals. The tax assessor in each county shall prepare appropriate forms for license applications, license certificates, and license renewals issued under this chapter. (Acts 1985, No. 85-693, p. 1114, §5.)
Section 34-35-6 Registered agent; list of transient merchants and their registered agents; procedure where no agent designated or agent cannot be found. (a) Each applicant for a transient merchant license shall designate a registered agent on the license application. The registered agent must be a resident of the county and shall be the agent on […]
Section 34-35-7 License fee; bond. (a) Each applicant for a transient merchant license must include a license fee of $250 with the application, to be deposited in the county treasury that issues the license. The license applicant must also execute a cash bond or a surety bond issued by a corporate surety authorized to do […]
Section 34-35-8 Issuance of license; not transferable; validity; expiration; renewal. (a) The probate judge shall issue a transient merchant license under this chapter only if all requirements of this chapter have been met. The license is not transferable, and is valid only within the territorial limits of the issuing county. A license expires 90 days […]
Section 34-35-9 Violations of chapter. Any person who knowingly or intentionally operates a transient business without a valid license as provided by this chapter, or who knowingly or intentionally advertises, offers for sale, or sells any merchandise or services in violation of this chapter, shall, upon conviction, be guilty of a Class A misdemeanor. (Acts […]