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Statutes Text

Article - Business Regulation




§17–1804.

    (a)    Except as otherwise provided in this subtitle, a person must have a trader’s license whenever the person:

        (1)    does business as a trader in the State; or

        (2)    does business as an exhibitor in the State.

    (b)    A separate trader’s license is required for each store or fixed place of business that a person operates in the State.

    (c)    This section does not apply to:

        (1)    a grower, maker, or manufacturer of goods;

        (2)    a nonresident traveling salesperson, sample merchant, or representative of a foreign mercantile or manufacturing business while selling to or soliciting an order from a licensed trader in the State; or

        (3)    a private individual while publicly selling the individual’s personal effects on the individual’s property, if the individual holds only 1 sale not exceeding 14 consecutive days in a calendar year.

    (d)    (1)    An exhibitor need not get a trader’s license for a show if the show is promoted by:

            (i)    a church, as defined in § 5–301(b) of the Corporations and Associations Article;

            (ii)    a governmental unit;

            (iii)    an amateur radio organization;

            (iv)    an antique vehicle, machine, and equipment organization;

            (v)    a volunteer fire department or rescue squad; or

            (vi)    a model train collectors’ association.

        (2)    An exhibitor need not get a trader’s license for a show if the exhibitor gives to the promoter an exhibitor’s affidavit stating that the exhibitor:

            (i)    receives less than 10% of the exhibitor’s annual income from selling the kind of goods that the exhibitor will display and sell at the show; and

            (ii)    has not participated in more than three shows, not including participation in one show sponsored by a national organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, during the previous 365 days.

        (3)    An exhibitor at an antique show, coin show, or collector show need not get a trader’s license for the show if the exhibitor gives to the promoter an exhibitor’s affidavit stating that the exhibitor:

            (i)    will display and sell at the show;

            (ii)    receives less than 10% of the exhibitor’s annual income in the State from selling the kind of goods that the exhibitor will display and sell at the show; and

            (iii)    has not participated in more than three antique shows, coin shows, or collector shows in the State during the previous 365 days.

        (4)    An exhibitor who has a trader’s license need not get an additional trader’s license for a show if, before the show, the exhibitor gives the promoter a photocopy of the trader’s license.



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