# Title 10 — Attorney General

## Article 10-10 — Transient Merchants

## Chapter 10-10-01 — Transient Merchants

### § 10-10-01-01. Transient merchants to appoint resident agent.

Any transient merchant required to be licensed pursuant to North Dakota Century Code chapter
51-04 is required to appoint a resident agent in this state pursuant to North Dakota Century Code
section 51-04-07.
History: Effective August 1, 1984.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-04-07
### § 10-10-01-02. Who may be appointed as agent.

Agents appointed pursuant to North Dakota Century Code section 51-04-07 must be individual
residents of this state, or corporations, partnerships, or other business entities with their principal
offices or place of business located within this state.
History: Effective August 1, 1984.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-04-07
### § 10-10-01-03. Exceptions to the appointment of resident agent.

Notwithstanding 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.
History: Effective August 1, 1984.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-04-07
### § 10-10-01-04. Warranty requirements upon application for license.

1. In addition to the application requirements of North Dakota Century Code section 51-04-02,
any transient merchant required to be licensed pursuant to North Dakota Century Code
chapter 51-04, shall specify which, if any, of the merchandise offered for sale by the transient
merchant is the subject of a warranty provision, what type of warranty is offered for each item
of merchandise, whether the warranty period still applies to the merchandise offered, and the
name, address, and telephone number of the person or business that will provide service for
the merchandise pursuant to the warranty.
2. Any transient merchant who does not provide the warranty information required by
subsection 1 shall appoint a resident agent in the state as required by section 10-10-01-01,
notwithstanding the exception provisions of section 10-10-01-03. If the merchandise offered
for sale is not the subject of a warranty provision, this subsection does not require the
appointment of a resident agent in this state.
3. Any transient merchant who does not provide the warranty information required by
subsection 1 may not state, claim, or advertise that the merchandise offered for sale by the
transient merchant is subject to any warranty.
History: Effective August 1, 1984.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-04-02, 51-04-07
### § 10-10-01-05. Sales tax permit required.

In addition to the application requirements of North Dakota Century Code section 51-04-02, any
transient merchant required to be licensed pursuant to North Dakota Century Code chapter 51-04, shall
obtain the required North Dakota sales tax permit, a copy of which shall be filed with the attorney
general as part of the application for license.
History: Effective August 1, 1984.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-04-02
