1. License required. A person who engages in the business of a transient seller of consumer merchandise, including a self-employed person or a person who employs one or more transient sellers of consumer merchandise, must apply to the department and acquire a license in the manner set forth in section 14706 before engaging in sales of consumer merchandise in this State.

[PL 2007, c. 402, Pt. KK, §11 (AMD).]

Attorney's Note

Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class D crimeup to 1 yearup to $2,000
Class E crimeup to 6 monthsup to $1,000
For details, see Me. Rev. Stat. Title 17-A § 1604

Terms Used In Maine Revised Statutes Title 32 Sec. 14702

  • Consumer: means any person who purchases or contracts for the purchase of merchandise for any purpose except resale in the ordinary course of trade or business. See Maine Revised Statutes Title 32 Sec. 14701
  • Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 14701
  • Merchandise: includes any objects, wares, goods, promises, commodities, intangibles, services or other things of value but does not include food or technical or vocational schools located outside of the State that are registered pursuant to Title 20?A, section 9501. See Maine Revised Statutes Title 32 Sec. 14701
  • Person: includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities. See Maine Revised Statutes Title 32 Sec. 14701
  • transient seller: means any person who engages in the business of selling merchandise to consumers by means of personal contact or telephone contact, whether or not the seller is present in the State at the time of the contact or the time of sale, and who does not have, for the purposes of carrying on such business, any permanent place of business within this State. See Maine Revised Statutes Title 32 Sec. 14701
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A. [PL 2003, c. 452, Pt. R, §14 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who intentionally violates this section commits a Class D crime. [PL 2003, c. 452, Pt. R, §14 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

[PL 2003, c. 452, Pt. R, §14 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

SECTION HISTORY

PL 2001, c. 324, §12 (NEW). PL 2003, c. 452, §R14 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 402, Pt. KK, §11 (AMD).