13-32-102 - Definitions.
13-32-102. Definitions.
(1) "Manufacturer's or distributor's representative" means a person who has available forpublic inspection written proof of authorization from the manufacturer or distributor of a productto offer that product for public retail sale.
(2) "New and unused property" means tangible personal property that:
(a) was acquired by the vendor directly from the producer, manufacturer, wholesaler, orretailer of that property in the ordinary course of business;
(b) has never been used since its production or manufacturing; and
(c) if the property was packaged when originally produced or manufactured, is in itsoriginal and unopened package or container.
(3) (a) "Swap meet" or "flea market" means an event at which personal property isoffered for sale or exchange:
(i) by two or more persons and a fee is charged to vendors for the privilege of offering ordisplaying such personal property or to prospective buyers for admission to the area where suchpersonal property is offered or displayed for sale; or
(ii) if the event is held more than six times in any 12-month period, regardless of thenumber of persons offering or displaying personal property or the absence of fees.
(b) The terms "swap meet" and "flea market" do not include any events:
(i) that are organized for the exclusive benefit of any community chest, fund, foundation,association, or corporation organized and operated exclusively for religious, educational, orcharitable purposes; or
(ii) at which all of the personal property offered for sale or displayed is new and unusedproperty, and all persons selling, exchanging, offering, or displaying the personal property aremanufacturer's or distributor's representatives.
(4) "Vendor" means a person who offers for sale or exchange six or more like items ofnew and unused property at a swap meet or flea market in this state.
Enacted by Chapter 68, 1999 General Session