19-2233.Exemptions from act.
(a) The provisions of the transient merchant licensing act
shall not apply to:
(1) Sales at wholesale to retail merchants by commercial travelers or
selling 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 brochure
for future delivery;
(4) sales or displays at fairs, conventions or shows operated primarily for
purposes of amusement, entertainment, recreation or education;
(5) sales or displays at sales, fairs, auctions or bazaars operated by
church, 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 made
by hand and sold, offered for sale or displayed by the individual
making 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 products
and such person's agents or employees;
(9) sales to the owner or legal occupant of
residential premises, at such premises pursuant to an
invitation issued by such owner or legal occupant;
(10) sales or displays at sales, bazaars or concessions
sponsored or operated
by public or private schools or educational institutions;
(11) sales of paraphernalia used in the celebration of any
nationally recognized holiday;
(12) sales or displays at flea markets or at sales, exchanges or
shows of antique or other
personal property having an enhanced value by reason of its age or unique
characteristics;
(13) retail sales of fireworks;
(14) sales or displays at fairs or expositions sponsored by the state,
a county or another
governmental entity or a convention or tourism committee created pursuant
to either K.S.A. 12-1695 or 12-16,101, and amendments thereto;
(15) sales or displays at sales, exchanges or shows of collectibles or
hobby or investment items of
personal 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, athletic
tournaments, events, contests or
expositions;
(17) events sponsored by nonprofit organizations; or
(18) any person who has a permanent business location in this state for
not less than six months in each year but who may carry on a
transient business at locations in this state other than at the person's
permanent business location.
(b) The exemption provided by subsection (a) shall apply regardless of
whether the transient merchant is sponsoring or operating the activity
giving rise to the exemption or is participating in the activity as a
seller or exhibitor.
(c) A transient merchant not otherwise exempted from the provisions of this
act shall not be relieved or exempted from the provisions of this act by
reason of temporary association with any local dealer, auctioneer, trader,
contractor or merchant or by conducting temporary or transient business in
connection 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.
19-2233.Exemptions from act.
(a) The provisions of the transient merchant licensing act
shall not apply to:
(1) Sales at wholesale to retail merchants by commercial travelers or
selling 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 brochure
for future delivery;
(4) sales or displays at fairs, conventions or shows operated primarily for
purposes of amusement, entertainment, recreation or education;
(5) sales or displays at sales, fairs, auctions or bazaars operated by
church, 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 made
by hand and sold, offered for sale or displayed by the individual
making 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 products
and such person's agents or employees;
(9) sales to the owner or legal occupant of
residential premises, at such premises pursuant to an
invitation issued by such owner or legal occupant;
(10) sales or displays at sales, bazaars or concessions
sponsored or operated
by public or private schools or educational institutions;
(11) sales of paraphernalia used in the celebration of any
nationally recognized holiday;
(12) sales or displays at flea markets or at sales, exchanges or
shows of antique or other
personal property having an enhanced value by reason of its age or unique
characteristics;
(13) retail sales of fireworks;
(14) sales or displays at fairs or expositions sponsored by the state,
a county or another
governmental entity or a convention or tourism committee created pursuant
to either K.S.A. 12-1695 or 12-16,101, and amendments thereto;
(15) sales or displays at sales, exchanges or shows of collectibles or
hobby or investment items of
personal 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, athletic
tournaments, events, contests or
expositions;
(17) events sponsored by nonprofit organizations; or
(18) any person who has a permanent business location in this state for
not less than six months in each year but who may carry on a
transient business at locations in this state other than at the person's
permanent business location.
(b) The exemption provided by subsection (a) shall apply regardless of
whether the transient merchant is sponsoring or operating the activity
giving rise to the exemption or is participating in the activity as a
seller or exhibitor.
(c) A transient merchant not otherwise exempted from the provisions of this
act shall not be relieved or exempted from the provisions of this act by
reason of temporary association with any local dealer, auctioneer, trader,
contractor or merchant or by conducting temporary or transient business in
connection 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.
19-2233.Exemptions from act.
(a) The provisions of the transient merchant licensing act
shall not apply to:
(1) Sales at wholesale to retail merchants by commercial travelers or
selling 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 brochure
for future delivery;
(4) sales or displays at fairs, conventions or shows operated primarily for
purposes of amusement, entertainment, recreation or education;
(5) sales or displays at sales, fairs, auctions or bazaars operated by
church, 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 made
by hand and sold, offered for sale or displayed by the individual
making 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 products
and such person's agents or employees;
(9) sales to the owner or legal occupant of
residential premises, at such premises pursuant to an
invitation issued by such owner or legal occupant;
(10) sales or displays at sales, bazaars or concessions
sponsored or operated
by public or private schools or educational institutions;
(11) sales of paraphernalia used in the celebration of any
nationally recognized holiday;
(12) sales or displays at flea markets or at sales, exchanges or
shows of antique or other
personal property having an enhanced value by reason of its age or unique
characteristics;
(13) retail sales of fireworks;
(14) sales or displays at fairs or expositions sponsored by the state,
a county or another
governmental entity or a convention or tourism committee created pursuant
to either K.S.A. 12-1695 or 12-16,101, and amendments thereto;
(15) sales or displays at sales, exchanges or shows of collectibles or
hobby or investment items of
personal 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, athletic
tournaments, events, contests or
expositions;
(17) events sponsored by nonprofit organizations; or
(18) any person who has a permanent business location in this state for
not less than six months in each year but who may carry on a
transient business at locations in this state other than at the person's
permanent business location.
(b) The exemption provided by subsection (a) shall apply regardless of
whether the transient merchant is sponsoring or operating the activity
giving rise to the exemption or is participating in the activity as a
seller or exhibitor.
(c) A transient merchant not otherwise exempted from the provisions of this
act shall not be relieved or exempted from the provisions of this act by
reason of temporary association with any local dealer, auctioneer, trader,
contractor or merchant or by conducting temporary or transient business in
connection 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.