Section 17-1804 - Trader's license required. - Maryland Statutes

§ 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. 
 

[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.]