19-2233.   Exemptions from act.(a) The provisions of the transient merchant licensing actshall not apply to:

      (1)   Sales at wholesale to retail merchants by commercial travelers orselling agents in the usual course of business;

      (2)   sales or displays at trade shows,expositions or conventions;

      (3)   sales of goods, wares or merchandise by sample catalogue or brochurefor future delivery;

      (4)   sales or displays at fairs, conventions or shows operated primarily forpurposes of amusement, entertainment, recreation or education;

      (5)   sales or displays at sales, fairs, auctions or bazaars operated bychurch, religious or charitable organizations;

      (6)   garage sales held on premises devoted to residential use;

      (7)   sales or displays at sales or shows of crafts or items madeby hand and sold, offered for sale or displayed by the individualmaking such crafts or handmade items;

      (8)   sales of agricultural or farm, garden or aquacultural products,except nursery products and foliage plants,sold or offered for sale by the individual raising or producing such productsand such person's agents or employees;

      (9)   sales to the owner or legal occupant ofresidential premises, at such premises pursuant to aninvitation issued by such owner or legal occupant;

      (10)   sales or displays at sales, bazaars or concessionssponsored or operatedby public or private schools or educational institutions;

      (11)   sales of paraphernalia used in the celebration of anynationally recognized holiday;

      (12)   sales or displays at flea markets or at sales, exchanges orshows of antique or otherpersonal property having an enhanced value by reason of its age or uniquecharacteristics;

      (13)   retail sales of fireworks;

      (14)   sales or displays at fairs or expositions sponsored by the state,a county or anothergovernmental entity or a convention or tourism committee created pursuantto either K.S.A. 12-1695 or 12-16,101, and amendments thereto;

      (15)   sales or displays at sales, exchanges or shows of collectibles orhobby or investment items ofpersonal property, including but not limited to pets, gems and minerals,stamps, coins, photographs and photographic equipment, guns and belt buckles;

      (16)   sales or displays in connection with, and at the site of, athletictournaments, events, contests orexpositions;

      (17)   events sponsored by nonprofit organizations; or

      (18)   any person who has a permanent business location in this state fornot less than six months in each year but who may carry on atransient business at locations in this state other than at the person'spermanent business location.

      (b)   The exemption provided by subsection (a) shall apply regardless ofwhether the transient merchant is sponsoring or operating the activitygiving rise to the exemption or is participating in the activity as aseller or exhibitor.

      (c)   A transient merchant not otherwise exempted from the provisions of thisact shall not be relieved or exempted from the provisions of this act byreason of temporary association with any local dealer, auctioneer, trader,contractor or merchant or by conducting temporary or transient business inconnection with or in the name of any local dealer, auctioneer, trader,contractor or merchant.

      History:   L. 1985, ch. 94, § 3;L. 1986, ch. 104, § 1;L. 2005, ch. 143, § 4; July 1.