TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 14A FLEA MARKET VENDORS' RECORD KEEPING

10-1-360. Definitions; records; penalties; applicability.

1. As used in this Code section, the term:
   1. 1. "Flea market" means any event:
         1. At which two or more persons offer personal property for sale or exchange; and
         2. At which a fee is charged for the privilege of offering or displaying personal property for sale or exchange; or
         3. At which a fee is charged to prospective buyers for admission to the area where personal property is offered or displayed for sale or exchange; or
         4. Regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12 month period.
      2. The term "flea market" is interchangeable with and applicable to "swap meet," "indoor swap meet," or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business.
      3. The term "flea market" shall not mean and shall not apply to:
         1. An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or
         2. Any event at which all of the personal property offered for sale or displayed is new, and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or licensed retail or wholesale merchants.
   2. "Nonregistered vendor" means a person who, without a certificate of registration issued by the state revenue commissioner pursuant to Chapter 8 of Title 48, engages in the retail sale of personal property to the general public.
   3. "Used personal property" includes personal property which has previously been sold or delivered to a retailer prior to being acquired by a vendor when the vendor's cost exceeds $50.00 per item.
   4. "Vendor" means a person who engages in the retail sale of personal property at a flea market.
2. Every nonregistered vendor and vendor shall maintain a permanent record book in which shall be entered in ink and in legible English at the time any property is acquired for the purpose of retail sale:
   1. The date of the transaction;
   2. The name, age, and address of the person, corporation, or entity from whom the property was acquired, a description of the general appearance of any such person, and the distinctive number from such person's driver's license or other similar identification card;
   3. An identification and description of the property acquired including, if reasonably available, the serial, model, or other number and all identifying marks inscribed thereon;
   4. The price paid for such property; and
   5. The signature of the seller.

      All entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying the legibility. Such record book shall be open to the inspection of any law enforcement officer during the ordinary hours of business or at any reasonable time.

3. The record of each purchase transaction provided for in this Code section shall be maintained for a period of not less than two years and shall be kept by the nonregistered vendor or vendor and made available during any period at which such person is open for business or is offering property for sale.
4. Any nonregistered vendor or vendor required to maintain a record book under the provisions of this Code section who shall:
   1. Fail to make an entry of any material matter in his or her permanent record book;
   2. Make any false entry therein;
   3. Falsify, obliterate, destroy, or remove such record book from his or her place of business during any time such record book is required to be present;
   4. Refuse to allow any law enforcement officer to inspect his or her permanent record book or any goods or property in his or her possession during the ordinary hours of business or at any reasonable time; or
   5. Fail to maintain the records required by this Code section for at least two years

      shall be guilty of a misdemeanor.

5. This Code section shall apply to property purchased or acquired on or after July 1, 1994.

(Code 1981, §10-1-360, enacted by Ga. L. 1994, p. 1915, § 1; Ga. L. 2000, p. 136, § 10.)