Title 17 — Professions, Occupations, and Businesses
83 chapters · 2,038 sections in this title.
Ark. Code Ann. § 17-49-101 Title
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This subchapter shall be known and may be cited as the “Transient Merchant Licensing Act of 1983”.
Ark. Code Ann. § 17-49-102 Purpose
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(a) The General Assembly finds that because of the temporary nature of the business conducted by transient merchants, consumers in the State of Arkansas are not likely to be able to obtain proper contact information to resolve disputes with, serve legal process upon, or satisfy m…
Ark. Code Ann. § 17-49-103 Definitions
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(1) As used in this subchapter:(1) “Person” means any individual, corporation, partnership, association, or other entity;(2) “Temporary or transient business” means any business conducted for the sale or offer for sale of goods, wares, or merchandise that is carried on in any bui…
Ark. Code Ann. § 17-49-104 Exemptions
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(a) The provisions of this subchapter shall not apply to:(1) Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;(2) Wholesale trade shows or conventions;(3) Sales of goods, wares, or merchandise by sample catalogue or …
Ark. Code Ann. § 17-49-105 Enforcement
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It is the duty of the county sheriff and other law enforcement officers in each county and the prosecuting attorney for each county to enforce the provisions of this subchapter.
Ark. Code Ann. § 17-49-106 Registration required — Penalty for violation
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(a) It is unlawful for any transient merchant to transact business in any county in this state unless the merchant and the owners of any goods, wares, or merchandise to be offered for sale or sold, if such are not owned by the merchant, shall have first secured a registration cer…
Ark. Code Ann. § 17-49-107 Registration for business
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(a) Any transient merchant desiring to transact business in any county in this state shall register in each county in which the merchant desires to transact business. (b) The registration shall be filed with the county clerk and shall include the following information:(1) The nam…
Ark. Code Ann. § 17-49-108 Service of process, notice, or demand
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(a) Each registered agent designated by a transient merchant shall be a resident of the county and shall be agent of the transient merchant upon whom any process, notice, or demand required or permitted by law to be served upon the transient merchant may be served. (b) The regist…
Ark. Code Ann. § 17-49-109 Registration fee and bond
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(a) Each application for a transient merchant registration certificate shall be accompanied by a registration fee of fifty dollars ($50.00) and by a cash bond or a surety bond issued by a corporate surety authorized to do business in the state in the amount of two thousand dollar…
Ark. Code Ann. § 17-49-110 Issuance and terms of registration certificate
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(a) A transient business registration certificate shall be issued under this section only when all requirements of this subchapter have been met. (b) The registration certificate shall:(1) Not be transferable;(2) Be valid only within the territorial limits of the issuing county;(…
Ark. Code Ann. § 17-49-201 Purpose
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(a) Peddlers have always been recognized as a special class, subject to special laws regulating, licensing, and policing the class. This is based on their particular way of doing business, upon the fact that many of them contribute nothing or very little in the way of taxes and o…
Ark. Code Ann. § 17-49-202 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) (A) “Established place of business” means any permanent warehouse, building, or structure:(i) At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, d…
Ark. Code Ann. § 17-49-203 Procedure for exemption
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(a) No person shall be exempt from the requirements of this subchapter by reason of the provisions of § 17-49-202(4)(B) unless he or she or the driver of the motor vehicle upon which his or her property is being transported shall, upon the request of any state, county, or townshi…
Ark. Code Ann. § 17-49-204 Penalties
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(a) Any person violating any provision of this subchapter shall be guilty of a misdemeanor, except as herein otherwise provided, and shall upon conviction be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in…
Ark. Code Ann. § 17-49-205 Enforcement
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It shall be the duty of the Department of Finance and Administration or its authorized agents, the Department of Arkansas State Police, and all peace officers to enforce this subchapter.
Ark. Code Ann. § 17-49-206 County or municipal authority to tax or license
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Nothing in this subchapter shall be construed to repeal or amend any statute delegating authority to any county or municipal corporation to license, tax, or regulate peddlers or itinerant merchants.
Ark. Code Ann. § 17-49-207 License required
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No person shall engage in business or use any motor vehicle in this state as an itinerant merchant, as defined and fixed in § 17-49-202, without complying with this subchapter and without obtaining from the Department of Finance and Administration the license required by this sub…
Ark. Code Ann. § 17-49-208 Application for license
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(a) An application for a license as an itinerant merchant shall be made to the Department of Finance and Administration through any of its authorized agents upon forms to be prepared by the department. (b) A separate application and license shall be required for each motor vehicl…
Ark. Code Ann. § 17-49-209 License expiration and renewal — Fees
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(a) (1) The fee for each license, except as herein otherwise provided, shall be fifty dollars ($50.00) per year.(2) However, if the license is issued after June 30 in any year, the license fee shall be twenty-five dollars ($25.00).(3) The proper fee shall accompany the applicatio…
Ark. Code Ann. § 17-49-210 Bonds and insurance
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(a) No license shall be issued by the Department of Finance and Administration until the applicant has filed with each application the following insurance policies and bonds issued by an insurance company or bonding company authorized to do business within this state, which have …
Ark. Code Ann. § 17-49-211 Suits against merchant and surety
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(1) Any person having a cause of action against the itinerant merchant arising out of the matters described in § 17-49-210(a)(1) and (2):(1) May join the itinerant merchant and the surety on his or her bond in the same action; or(2) May sue the surety without joining the itineran…
Ark. Code Ann. § 17-49-212 Power of attorney — Service of summons
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Before a license shall be issued, the applicant shall sign and file with the Department of Finance and Administration an irrevocable power of attorney appointing the department his or her agent to accept service of summons for all causes of action against him or her arising out o…
Ark. Code Ann. § 17-49-213 Issuance and use of license
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(a) Upon the approval and issuance of the application and upon compliance with the terms of this subchapter, the Department of Finance and Administration shall issue to the applicant a license as an itinerant merchant. (b) The license shall:(1) Be numbered;(2) Show the amount of …
Ark. Code Ann. § 17-49-214 License revocation
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Upon such notice and hearing as the Department of Finance and Administration may deem proper, it may revoke any license issued under the provisions of this subchapter for failure to comply with any of the laws of this state, or if any judgment recovered against any itinerant merc…
Ark. Code Ann. § 17-49-301 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Itinerant entrepreneur” means a person or firm who trades in goods or services for construction, improvement, or maintenance of houses or farm buildings or structures, who travels about, and who has no est…
Ark. Code Ann. § 17-49-302 Registration required
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Before engaging in business in any county, an itinerant entrepreneur shall register with the sheriff thereof his or her name and address and the nature of his or her business.
Ark. Code Ann. § 17-49-303 Exemption
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The provisions of this subchapter shall not apply to goods or services contracted for upon public or private advertised bids.
Ark. Code Ann. § 17-49-304 Penalty
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A person who violates this subchapter shall be fined in any sum not to exceed five hundred dollars ($500).