Section 10-10-01-03 - Exceptions to the appointment of resident agentNotwithstanding section 10-10-01-01, the following categories of transient merchants are not required to appoint a resident agent in this state:
1. Any transient merchant selling merchandise only in flea markets, craft fairs, fairs, carnivals, circuses, or similar activities regulated by city or county governments, fair associations, other political subdivisions of the state, or local trade organizations. 2. Any transient merchant who has been previously licensed by this state, who has been doing business as a licensed transient merchant in North Dakota for a period of time or at least one year, immediately preceding the application pursuant to North Dakota Century Code chapter 51-04, and who has not been the subject of any of the following: a. Suspension or revocation of the transient merchants license at any time during the sixty-month period immediately preceding the filing of the current transient merchant license application. b. An administrative or judicial proceeding or civil or criminal suit whereby the transient merchant was found guilty, pleaded guilty or failed to appear in regard to violations of North Dakota Century Code chapter 51-04, 51-12, or 51-15. c. An administrative or judicial proceeding or civil or criminal suit whereby the transient merchant was adjudicated negligent or was determined to have violated North Dakota Century Code chapter 51-04, 51-12, or 51-15. 3. Any transient merchant selling merchandise in specific locations on a temporary basis for fourteen or more consecutive business days at each location. N.D. Admin Code 10-10-01-03
Effective August 1, 1984.General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-04-07