§ 17-1804. Trader's license required

MD Bus Reg Code § 17-1804 (2019) (N/A)
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(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.