Free in PDF - Oklahoma

Dear Transient Merchant License Applicant:

The Oklahoma Legislature has enacted the Transient Merchant Licensing Act. The Act requires that any transient merchant who desires to transact business in any county in the State must apply for and obtain a license in each county in which the merchant desires to transact business.

You must obtain a transient merchant license if you are a person, firm, corporation, partnership or other entity which engages in, does, or transacts any temporary or transient business in this state, either in one locality or in traveling from place to place in the State of Oklahoma which offers for sale or sells goods, wares, merchandise, or services, including merchants who hire, lease, use or occupy any building, structure, motor vehicle, railroad car, or real estate.

You must also obtain a transient merchant license if you have a business which is a home improvement siding, roofing or resurfacing service, engaged in the sale or the offer of sale of goods carried on in a building, structure, motor vehicle, mobile home, travel trailer, railroad car or real estate for a term of less than six months a year. The following businesses / situations are exempt from the Transient Merchant Act: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business; Wholesale trade shows or conventions; Sales of goods, wares or merchandise by sample, catalog or brochure for future delivery; Fairs and convention center activities conducted primarily for amusement or entertainment; Any general sale, fair, auction or bazaar sponsored by any church or religious organization; Any sale sponsored by schools and universities or any charitable organization; Trade fairs; Flea markets; Garage sales held on premises devoted to residential use; Sales of crafts or items made by hand and sold or offered for sale by the person making them; Sales of agricultural products (for example, Christmas trees or firewood); Sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant of such premises; Any person who maintains a permanent place of business in this state and has a registered agent therein upon whom process, notice or demand permitted by law may be made; Any person whose participation with a transient merchant or in the "temporary or transient business" is limited to providing any building, structure, motor vehicle, railroad car or real estate; Fireworks, or, Bibles.

A transient merchant will not relieve himself from the provisions of the Transient Merchant Licensing Act by reason of associating himself temporarily with a local dealer, auctioneer, trader, contractor, or merchant.

Please fill out the attached Application and return it to the Court Clerk. A license fee of fifty dollars ($50.00) is required, as is a cash or surety bond issued by a corporate surety licensed to do business in Oklahoma. The bond is in the amount of two-thousand dollars ($2,000.00) or five percent (5%) of any goods, wares, merchandise or services offered for sale, whichever sum is lesser.

State of Oklahoma County of _____________________ In the Matter of the Application of _____________________________ For Transient Merchant License

} } } In the Office of Court Clerk in and for Said County and State Number ___________________________

Application
To the Court Clerk of Said County: Pursuant to the requirements of 19 O.S. § 1601 et seq., I hereby make application for a transient merchant license, and submit the information given below: 1. 2. The name of transient merchant: ___________________________________________________________ ______________________________________________

The permanent address of transient merchant:

_______________________________________________________________________________________ 3. 4. The applicant is ______, or, is not _______, a firm or corporation. If the applicant is a firm or corporation, list the names and addresses of the members of the firm or the officers of the corporation: _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 5. If the transient merchant license applicant is a corporation, give the following information concerning incorporation: A. B. C. Date of incorporation: State of incorporation: _____________________________ _____________________________

If the applicant is not an Oklahoma corporation, what is the date the corporation was qualified to transact business as a foreign corporation in the State of Oklahoma? ___________________________________ ___________________________

6.

The applicant proposes to conduct the following described business:

_______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________

7.

The applicant plans to transact the business described in item 6 for the following length of time:

_______

_______________________________________________________________________________________ 8. The applicant will conduct the proposed business at the following location: ___________________________

_______________________________________________________________________________________ 9. The name and permanent address of transient merchant's registered agent or office is as follows: _______

_______________________________________________________________________________________

_______________________________________________________________________________________ 10. Applicant has attached all receipts or statements showing that all personal property taxes due on goods, wares or merchandise to be offered for sale have been paid. Applicant has attached the written agreem ent of ___________________________________ who has agreed to serve as the agent of the above-listed transient merchant. The agent is a resident of the country wherein this application is being made and his/her address is as follows: ____________________________________ _______________________________________________________________________________________ Applicant is (check one): ______ ______ ______ The transient merchant listed in item one; An employee of the firm or corporation making application to obtain this license; A member of the partnership making application to obtain this license.

11.

12.

I hereby certify that the above information is true and correct. I also hereby certify that all other required city, county and state permits and licenses have been obtained. Dated at __________________________, Oklahoma, the ________ day of __________________, 20____.

_____________________________________ Applicant Signature

Subscribed and sworn to before me this ________ day of __________________, 20____.

___________________________________ Court Clerk

___________________________________ Deputy

Supplied herewith is: A license fee of fifty dollars ($50.00), a cash bond or a surety bond issued by a corporate surety authorized to do business in Oklahoma in the amount of $2,000 or 5% of any goods, wares, merchandise or services offered for sale, whichever sum is less. The Agreement in writing of the person listed above as agent for the transient merchant to serve in such capacity. The receipts or statements showing that any personal property taxes due on goods, wares, or merchandise to be offered for sale have been paid. AOC Form 23 Revised 7/05