(a) Record Required. Each peddler, itinerant merchant, and specialty market vendor must keep awritten record of the source of new merchandise the merchant offers for sale.The record must be a receipt or an invoice from the person who sold themerchandise to the merchant. The receipt or invoice must specifically identifythe product being sold by product name and quantity purchased and must containthe complete business name of the seller and a description of the type ofbusiness. If the seller was an individual, the receipt or invoice must containthe seller's drivers license number, its state of issuance and expiration date,and the seller's date of birth. The merchant must verify this information by comparingthe seller's drivers license to the receipt or invoice and signing the receiptor invoice. A special identification card issued by the Division of MotorVehicles may be used in place of the seller's drivers license for the purposesof providing and verifying information required under this section. If theseller was a corporation, the receipt or invoice must contain the corporation'sfederal tax identification number, the state of incorporation, the name andaddress of the corporation's registered agent in this State, if any, and thecorporation's principal office address.
(b) Keeping the Record. Each peddler, itinerant merchant, and specialty market vendor must keep therecord required by subsection (a) of this section with the new merchandise beingoffered for sale. Once the new merchandise is sold, the merchant must keep therecord for a period of three years after the date of the sale.
(c) Displaying Recordor Affidavit. A peddler, an itinerant merchant, or a specialty market vendormust produce either of the following upon the request of a law enforcementagent:
(1) The record requiredby subsection (a) of this section of the source of new merchandise the merchantoffers for sale.
(2) An affidavit underoath or affirmation identifying the source of new merchandise the merchantoffers for sale, including the name and address of the seller, the licensenumber of any auctioneer seller, and the date and place of purchase of themerchandise.
A merchant's failure toproduce the requested record or an affidavit within a reasonable time ofrequest by a law enforcement agent is prima facie evidence of possession ofstolen property. Pending the production of the requested record or affidavit,the agent may take the merchandise into custody as evidence at the time therequest is made. Merchandise impounded under this subsection must be disposedof in accordance with G.S. 15‑11.1.
(d) Posted Notice. Aspecialty market operator must conspicuously post in plain view of allspecialty market vendors a sign informing all vendors that failure to produce,upon the request of a law enforcement agent, either the records or affidavitrequired under this section is prima facie evidence of possession of stolenproperty. (1996, 2nd Ex. Sess., c. 14, s. 24.)
(a) Record Required. Each peddler, itinerant merchant, and specialty market vendor must keep awritten record of the source of new merchandise the merchant offers for sale.The record must be a receipt or an invoice from the person who sold themerchandise to the merchant. The receipt or invoice must specifically identifythe product being sold by product name and quantity purchased and must containthe complete business name of the seller and a description of the type ofbusiness. If the seller was an individual, the receipt or invoice must containthe seller's drivers license number, its state of issuance and expiration date,and the seller's date of birth. The merchant must verify this information by comparingthe seller's drivers license to the receipt or invoice and signing the receiptor invoice. A special identification card issued by the Division of MotorVehicles may be used in place of the seller's drivers license for the purposesof providing and verifying information required under this section. If theseller was a corporation, the receipt or invoice must contain the corporation'sfederal tax identification number, the state of incorporation, the name andaddress of the corporation's registered agent in this State, if any, and thecorporation's principal office address.
(b) Keeping the Record. Each peddler, itinerant merchant, and specialty market vendor must keep therecord required by subsection (a) of this section with the new merchandise beingoffered for sale. Once the new merchandise is sold, the merchant must keep therecord for a period of three years after the date of the sale.
(c) Displaying Recordor Affidavit. A peddler, an itinerant merchant, or a specialty market vendormust produce either of the following upon the request of a law enforcementagent:
(1) The record requiredby subsection (a) of this section of the source of new merchandise the merchantoffers for sale.
(2) An affidavit underoath or affirmation identifying the source of new merchandise the merchantoffers for sale, including the name and address of the seller, the licensenumber of any auctioneer seller, and the date and place of purchase of themerchandise.
A merchant's failure toproduce the requested record or an affidavit within a reasonable time ofrequest by a law enforcement agent is prima facie evidence of possession ofstolen property. Pending the production of the requested record or affidavit,the agent may take the merchandise into custody as evidence at the time therequest is made. Merchandise impounded under this subsection must be disposedof in accordance with G.S. 15‑11.1.
(d) Posted Notice. Aspecialty market operator must conspicuously post in plain view of allspecialty market vendors a sign informing all vendors that failure to produce,upon the request of a law enforcement agent, either the records or affidavitrequired under this section is prima facie evidence of possession of stolenproperty. (1996, 2nd Ex. Sess., c. 14, s. 24.)
(a) Record Required. Each peddler, itinerant merchant, and specialty market vendor must keep awritten record of the source of new merchandise the merchant offers for sale.The record must be a receipt or an invoice from the person who sold themerchandise to the merchant. The receipt or invoice must specifically identifythe product being sold by product name and quantity purchased and must containthe complete business name of the seller and a description of the type ofbusiness. If the seller was an individual, the receipt or invoice must containthe seller's drivers license number, its state of issuance and expiration date,and the seller's date of birth. The merchant must verify this information by comparingthe seller's drivers license to the receipt or invoice and signing the receiptor invoice. A special identification card issued by the Division of MotorVehicles may be used in place of the seller's drivers license for the purposesof providing and verifying information required under this section. If theseller was a corporation, the receipt or invoice must contain the corporation'sfederal tax identification number, the state of incorporation, the name andaddress of the corporation's registered agent in this State, if any, and thecorporation's principal office address.
(b) Keeping the Record. Each peddler, itinerant merchant, and specialty market vendor must keep therecord required by subsection (a) of this section with the new merchandise beingoffered for sale. Once the new merchandise is sold, the merchant must keep therecord for a period of three years after the date of the sale.
(c) Displaying Recordor Affidavit. A peddler, an itinerant merchant, or a specialty market vendormust produce either of the following upon the request of a law enforcementagent:
(1) The record requiredby subsection (a) of this section of the source of new merchandise the merchantoffers for sale.
(2) An affidavit underoath or affirmation identifying the source of new merchandise the merchantoffers for sale, including the name and address of the seller, the licensenumber of any auctioneer seller, and the date and place of purchase of themerchandise.
A merchant's failure toproduce the requested record or an affidavit within a reasonable time ofrequest by a law enforcement agent is prima facie evidence of possession ofstolen property. Pending the production of the requested record or affidavit,the agent may take the merchandise into custody as evidence at the time therequest is made. Merchandise impounded under this subsection must be disposedof in accordance with G.S. 15‑11.1.
(d) Posted Notice. Aspecialty market operator must conspicuously post in plain view of allspecialty market vendors a sign informing all vendors that failure to produce,upon the request of a law enforcement agent, either the records or affidavitrequired under this section is prima facie evidence of possession of stolenproperty. (1996, 2nd Ex. Sess., c. 14, s. 24.)
