Chapter 20 - Merchants: Itinerant, Temporary Or Transient
CHAPTER 20 - MERCHANTS: ITINERANT, TEMPORARY OR TRANSIENT
ARTICLE 1 - ITINERANT MERCHANTS
33-20-101. Repealed by Laws 1991, ch. 174, 3.
33-20-102. Repealed by Laws 1991, ch. 174, 3.
33-20-103. Repealed by Laws 1991, ch. 174, 3.
33-20-104. Repealed by Laws 1991, ch. 174, 3.
33-20-105. Repealed by Laws 1991, ch. 174, 3.
33-20-106. Repealed by Laws 1991, ch. 174, 3.
33-20-107. Repealed by Laws 1991, ch. 174, 3.
33-20-108. Repealed by Laws 1991, ch. 174, 3.
33-20-109. Repealed by Laws 1991, ch. 174, 3.
33-20-110. Repealed by Laws 1991, ch. 174, 3.
ARTICLE 2 - TEMPORARY OR TRANSIENT MERCHANTS
33-20-201. Definition.
Thewords "temporary or transient merchant" for the purposes of this actshall include all persons, firms and corporations, both as principal and agent,who engage in, do or transact any temporary or transient business, either inone (1) locality or more or by traveling from one (1) or more places in thisstate, selling goods, wares or merchandise and who for the purpose of carryingon such business hire, lease or occupy a building, structure or car, for theexhibition and sale of such goods, wares or merchandise.
33-20-202. License; required.
Hereafterit shall be unlawful for any temporary or transient merchant to engage in, door transact any business as such within this state without first havingobtained a license as hereinafter provided.
33-20-203. License; application; fee; record to be kept; exemption iflicensed by city or town.
(a) Any temporary or transient merchant desiring to engage in,do or transact business in this state, shall file an application for licensefor that purpose with the county clerk of the county in which he desires to dobusiness, which application shall state his name, his proposed place ofbusiness, the kind of business proposed to be conducted and the length of timefor which he desires to conduct business. Except as provided by subsection (b)of this section, the temporary or transient merchant shall pay to the treasurerof the county a license fee of two hundred dollars ($200.00). The treasurer ofthe county shall issue to the person duplicate receipts. The temporary ortransient merchant shall file the treasurer's receipt for payment with thecounty clerk of the county, who shall issue to the temporary or transientmerchant a license to do business at the place described in the application andthe kind of business to be done shall be described in the license. No licenseshall be good for more than one (1) person, unless the person shall be themember of a copartnership, nor for more than one (1) place of business, andshall be good for a period of one (1) year from the date of its issuance. Thecounty clerk shall keep a record of the licenses in a book which shall at alltimes be open to public inspection.
(b) The license fee of two hundred dollars ($200.00) undersubsection (a) of this section may be modified by the county commissioners foran event, a fair or a celebration. The modification shall apply to alltransient merchants conducting business at the event, fair or celebration. Thecounty commissioners shall notify the county treasurer of the modification. The county treasurer shall issue duplicate receipts to the temporary ortransient merchant for the modified license fee. The temporary or transientmerchant shall file the treasurer's receipt with the county clerk of the countywhere the application is made. The county clerk shall issue a license thatdescribes the event, fair or celebration and the kind of business to be done. The license shall be good only for the event, fair or celebration and only forthe kind of business identified. The county clerk shall keep a record of themodified licenses for an event, fair or celebration in a book that is open topublic inspection at all times.
(c) If any city or town establishes by ordinance a temporary ortransient merchant license and license fee for the conduct of business insideits corporate boundaries, subsections (a) and (b) of this section shall notapply to any temporary or transient merchant holding a valid license issued bythe city or town when conducting business inside the boundaries of the city ortown issuing the license. Any city or town issuing any license to anytemporary or transient merchant shall notify the county clerk of the county inwhich the city or town is located that a license has been issued.
33-20-204. License; prosecution of action for recovery of fee.
Ifany person, firm or corporation who is liable for the payment of any licensefee under this act shall after demand is made upon him or it by the countyclerk of the county wherein such person, firm or corporation is engaged inbusiness or by the sheriff or deputy sheriff of such county, refuse or neglectto pay such fee, unless such person comes within the provisions of W.S.33-20-207, the county clerk may in his own name, but for the benefit of thecounty, immediately commence and prosecute an action at law against suchdelinquent person, firm or corporation for the recovery of such license fee,and for the purpose of securing any judgment which he might recover in suchaction, such county clerk may have the goods, wares and merchandise of suchperson, firm or corporation attached upon the grounds and in the mannerprovided for in cases of attachment.
33-20-205. Affidavit as to nature of sale required; advertising andrepresentation.
Itshall be unlawful for any temporary or transient merchant to advertise,represent or hold out any goods, wares or merchandise, as being sold as aninsurance, bankrupt, railway wreck, insolvent, assignee, trustee, executor,administrator, receiver, syndicate, wholesale, manufacturer or closing outsale, or as a sale of any goods, wares or merchandise damaged by smoke, fire,water or otherwise, unless such temporary merchant shall file with the countyclerk an affidavit showing all the facts relating to the reasons for and thecharacter of such sale so to be advertised or represented, and showing that thegoods, wares and merchandise of such sales are in fact in accordance with suchadvertisements and representations; such affidavit shall include a statement ofthe names of the persons from whom the goods, wares and merchandise so to beadvertised or represented, were obtained, and the date of the delivery of saidgoods to the applicant and the place from which said goods, wares andmerchandise were last taken, and all details necessary exactly to locate and fullyto itemize all goods, wares and merchandise so to be advertised andrepresented. If such affidavit shall fail to show that such goods, wares andmerchandise of such sale are in accordance with the proposed advertisements orrepresentations as shown in such affidavit, or fails to disclose the facts asherein required, or if the county clerk learns that the said affidavit isuntrue in any particular, then the county clerk shall refuse such applicant alicense for such sale. Should a license be issued to such applicant it shallstate that such person is authorized and licensed to sell such goods, wares andmerchandise, and advertise, represent and hold out the same as being sold assuch insurance, bankrupt, railway wreck, insolvent, assignee, trustee, executor,administrator, receiver, syndicate, wholesale, manufacturer or closing out saleof any goods, wares and merchandise, or as being damaged by smoke, fire, wateror otherwise, or in any similar manner present any other fact, as shown by suchaffidavit. Such affidavit shall be sworn to by the applicant before a personauthorized to administer oaths. If the applicant be a partnership it shall besworn to by a member of such partnership, or if the applicant be a corporationit shall be sworn to by one of the officers of such corporation. Every personmaking a false statement of any fact in such affidavit shall be deemed guiltyof perjury and shall be punished for such offense as provided by the laws ofWyoming.
33-20-206. Reduced price sale by new merchant evidence of transientmerchant.
Provided,further, that whenever it appears that any such stock of goods, wares andmerchandise has been brought into any county in this state by a person, firm orcorporation who has not previously conducted a merchandise business therein,and it is claimed that such stock is to be closed out at reduced prices suchfacts shall be prima facie evidence that the person, firm or corporation sooffering such goods for sale is a transient merchant as defined by this act.
33-20-207. Bond required upon complaint; designation of agent forservice; affidavit required; becoming permanent merchant.
Ifcomplaint be made to the county clerk that any person, firm or corporationdoing business in any county of this state is a transient merchant and suchperson, firm or corporation shall claim to be a permanent merchant, the countyclerk shall require of such person, firm or corporation, and he or it shallfurnish, a bond in the sum of five hundred dollars ($500.00), with surety or suretiesto be approved by the county clerk. Such bond shall run to the county clerk asobligee and it shall secure the payment of the license in the event that suchperson, firm or corporation does not continue in the business which he or it isconducting in such county for a period of one (1) year from the time when suchbusiness was started; said bond shall also be for the protection of allpersons, firms or corporations having claim or claims against the obligorarising out of said business. At the time of delivering such bond to the countyclerk the obligor shall also deliver to the county clerk a duly executedinstrument making the county clerk the agent of the obligor for the purpose ofbeing served with process in the event of suit on such bond. Such merchant socomplained against shall also furnish to the county clerk the affidavitrequired in W.S. 33-20-205 before advertising or holding out any goods, waresor merchandise as being sold as an insurance, bankrupt, railway wreck,insolvent, assignee, trustee, executor, administrator, receiver, syndicate,wholesale, manufacturer or closing out sale, or as a sale of any goods, waresor merchandise damaged by smoke, fire, water or otherwise. But after suchmerchant has been conducting the particular business in which he or it isengaged in such county for a period of one (1) year, such merchant shall beheld to be a permanent merchant and the provisions of this act shall no longerbe applicable to such merchant.
33-20-208. Exceptions.
Theprovisions of this chapter shall not apply to sales made to dealers bycommercial travelers selling in the usual course of business, or to sheriffs,constables, bona fide assignees, receivers or trustees in bankruptcy, or otherpublic officers selling goods, wares and merchandise according to law, nor toany person selling fruits, vegetables, dressed meats, fowls or farm products,by a bona fide resident of the state.
33-20-209. Penalty.
Anyperson, firm or corporation violating the provisions of this act shall bedeemed guilty of a misdemeanor, whether he or it be the owner of such goods,wares and merchandise sold or carried by him or it or not, and on convictionthereof shall be fined not less than fifty dollars ($50.00) nor more than fourhundred dollars ($400.00), or imprisoned in the county jail not less than ten(10) days nor more than ninety (90) days, or both.
33-20-210. Provisions not to affect interstate commerce; city or townpowers not limited.
Nothingin this act shall be construed as prohibiting or in any way limiting,restricting or interfering with interstate commerce or the federal statutesregulatory thereof. Nor with the power of cities or towns to require additionallicenses from or make additional regulations for temporary or transientmerchants.