Maine Revised Statutes Title 32 Sec. 14703 – Licenses
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1. Issuance. The department shall issue to each transient seller of consumer merchandise and employee of that transient seller a license that, among other things, must indicate that the person whose name appears on the license is a licensed seller or employee of a licensed seller under this subchapter.
[PL 2007, c. 402, Pt. KK, §12 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 32 Sec. 14703
- 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
- Employee: means any independent contractor, agent or person working for a salary or commission. 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. Possession and presentation. Every transient seller of consumer merchandise and each of the seller’s employees must have a valid license, as required by this subchapter, in the seller’s or employee’s immediate possession at all times when engaging in sales of consumer merchandise in this State and shall present the license for inspection upon request of any person.
[PL 2007, c. 402, Pt. KK, §12 (AMD).]
3. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 2 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, §15 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who intentionally violates subsection 2 commits a Class D crime. [PL 2003, c. 452, Pt. R, §15 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. R, §15 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2001, c. 324, §12 (NEW). PL 2003, c. 452, §R15 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 402, Pt. KK, §12 (AMD).