Title 43, Chapter 46, Section 2
( 43-46-2)
As used in this chapter, the term "transient merchant" means any
person, firm, or corporation, as principal or agent, or both, which
is not a regular retail or wholesale merchant with a permanent place
of business in this state, but rather one who displays samples,
model goods, wares, or merchandise in any lot, building, room, or
structure of any kind, whether fixed or mobile, for the purpose of
securing orders for the retail sale of such items or items of like
kind or quality for immediate or future delivery. The term
"transient merchant" shall not include any person, firm, or
corporation which: (1) Sells agriculture or forestry products; (2) Makes house-to-house or personal calls for the purpose of
displaying samples or taking orders for shipment directly from a
manufacturer; (3) Conducts business at any industry or association trade show;
or (4) Sells items at a rummage, garage, antique, or similar sale
when such person, firm, or corporation is a resident of this state
or has a permanent place of business within this state and such
sale is not part of the regular business activity of such person,
firm, or corporation or when the net proceeds of such sale are to
be used for charitable purposes. |