Title 51 — Sales and Exchanges
45 chapters · 316 sections in this title.
N.D.C.C. § 51-04-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Merchandise" does not include any livestock or agricultural product. 2. "Transient merchant" includes any person, individual, copartnership, corporation, or limited liability company, either as principa…
N.D.C.C. § 51-04-02 Application for license
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Any transient merchant desiring to engage in, do, or transact business by auction or otherwise, in any county in this state, shall file an application for a license for that purpose with the attorney general as provided in section 51-04-07, which must be in writing and include th…
N.D.C.C. § 51-04-02.1 Application to attorney general for license
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Repealed by S.L. 1983, ch. 529, § 5.
N.D.C.C. § 51-04-03 License fee - Bond or cash surety - License issuance
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An applicant for a transient merchant's license shall pay to the attorney general a license fee of two hundred dollars to cover the cost of licensing and shall give a surety bond, or the deposit of cash in lieu thereof, which must be not less than one thousand dollars nor more th…
N.D.C.C. § 51-04-03.1 License to be carried by licensee and exhibited on demand
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Every transient merchant licensed under this chapter shall have the license in immediate possession at all times when engaging in or transacting any business regulated by this chapter. The licensee shall display the license when requested to do so by any court, law enforcement of…
N.D.C.C. § 51-04-04 Affidavit required for certain sales
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It is unlawful for any transient merchant to advertise, represent, or hold forth as being sold for an insurance, bankrupt, insolvent, assignee, trustee, testator, executor, administrator, receiver, syndicate, wholesaler, or manufacturer, or closing out sale, or as a sale of any g…
N.D.C.C. § 51-04-05 Failure of affidavit
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If the affidavit filed as prescribed in section 51-04-04 shows that the sale is not of the kind or character proposed to be advertised or represented or fails to disclose the facts as required, then the county auditor or the attorney general shall refuse the applicant a license f…
N.D.C.C. § 51-04-06 Evidence
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When it appears that any stock of goods, wares, and merchandise has been brought into any county of this state by a person not a resident of the county, and that it is claimed, represented, or advertised that such stock is to be closed out at reduced prices, such facts are prima …
N.D.C.C. § 51-04-07 Service of process - Appointment of agent
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1. A transient merchant may not engage in any temporary business, or be licensed by any city, without first having complied with this section. 2. Prior to the issuance of a transient merchant license and approval of the transient merchant's bond, the applicant shall in writing ap…
N.D.C.C. § 51-04-08 Certain excepted sales
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The provisions of this chapter do not apply to the following: 1. Sales made to dealers by commercial travelers or selling agents in the usual course of business. 2. Sales made by persons soliciting orders of goods, wares, merchandise, or personal property for future delivery, and…
N.D.C.C. § 51-04-08.1 Exceptions to requirement of a transient merchant's license
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A transient merchant selling merchandise only in flea markets, craft fairs, fairs, carnivals, circuses, or similar activities regulated by city or county governments, fair associations, convention bureaus, other political subdivisions, or local trade organizations is exempt from …
N.D.C.C. § 51-04-09 Regulation by city or other municipality
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Nothing in this chapter may be construed as prohibiting, or in any way limiting or interfering with, the right of any city or other municipal corporation or governmental subdivision of the state to regulate or license the carrying on within such municipality the business of a tra…
N.D.C.C. § 51-04-10 Penalty
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Any person violating any of the provisions of this chapter, for which another penalty is not specifically provided, is guilty of a class B misdemeanor. The state's attorney or attorney general may enforce this chapter. The attorney general in enforcing this chapter has all the po…