§ 17-1804. Trader's license required

   (a) In general. -- 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) Separate license for each place of business. -- A separate trader's license is required for each store or fixed place of business that a person operates in the State.

(c) Exceptions -- In general. -- 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) Exceptions -- Exhibitors. --

   (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.

HISTORY: An. Code 1957, art. 56, § 13, 32, 33, 33A, 60; 1992, ch. 4, § 2; 2001, ch. 29, § 1; ch. 112; 2008, chs. 234, 235; 2009, ch. 60.