Maine Revised Statutes Title 32 Sec. 14704 – Disclosure of license number and permanent place of business
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1. License number and permanent place of business disclosed in advertisements. Every time a transient seller of consumer merchandise advertises in this State for the sale of merchandise, whether in print or electronic media, the advertisement must disclose the transient seller’s license number in the following manner: “State Department of Professional and Financial Regulation Transient Seller’s License Number: (Fill in number)” and must disclose the address of the seller’s permanent place of business.
[PL 2007, c. 402, Pt. KK, §13 (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. 14704
- 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
- Permanent place of business: means any building or other permanently affixed structure, including a home residence, that is owned or held under a 12-month lease or rental agreement at the time business is commenced and is used in whole or in part for the purpose of engaging in sales of consumer merchandise. 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
- Sale: includes any sale, transfer, exchange or barter, offer for sale, promise to sell or attempt to sell, or advertisement for sale, of any merchandise for cash or for credit. 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. License number and place of business disclosed in written receipt. Every time a transient seller of consumer merchandise sells merchandise to a consumer in this State, the transient seller shall provide the purchaser with a written receipt, at the time of sale, disclosing the transient seller’s license number in the following manner: “State Department of Professional and Financial Regulation Transient Seller’s License Number: (Fill in number)” and disclosing the transient seller’s name and permanent place of business.
[PL 2007, c. 402, Pt. KK, §13 (AMD).]
3. 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, §16 (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, §16 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. R, §16 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2001, c. 324, §12 (NEW). PL 2003, c. 452, §R16 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 402, Pt. KK, §13 (AMD).