Applicability of part

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    (a)    This part applies to a transient vendor and the principal or agent of a transient vendor.

    (b)    This part does not apply to:

        (1)    an auctioneer or any other traveler or selling agent in the usual course of business;

        (2)    the mere solicitation of orders for the future delivery of goods in interstate commerce;

        (3)    the sale of goods exhibited on grounds used by an agricultural society for the annual fair of that agricultural society;

        (4)    a sale by any nonprofit organization or society for a charitable, religious, or other public purpose;

        (5)    an exhibitor that is the sole producer of the products sold at:

            (i)    a convention of a religious, civic, or charitable group; or

            (ii)    a nonprofit trade association, concert, cultural event, art and craft show, sale, exhibition, or fair;

        (6)    a sale by a farmer or a farmer’s agent of produce from a truck or stand owned or leased by the farmer;

        (7)    a show, a sale, an exhibition, or a fair conducted in the central pedestrian area of an enclosed shopping mall; or

        (8)    a sale by a seller at a residence in accordance with an invitation by the owner or legal occupant of the residence.

    (c)    This part does not apply to a show, a sale, an exhibition, or a fair in Washington County:

        (1)    that is conducted in the central pedestrian area of a nonenclosed commercial complex that:

            (i)    is located on one parcel of land; and

            (ii)    contains at least 450,000 square feet of floor space and at least 100 retail establishments;

        (2)    that complies with all applicable codes and ordinances; and

        (3)    for which all applicable permits have been obtained.


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