Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 49 - TRANSIENT MERCHANTS (§§ 17-49-101 — 17-49-304) › Subchapter 2 - ITINERANT MERCHANTS (§§ 17-49-201 — 17-49-214) › Section 17-49-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
(A)
"Established place of business" means any permanent warehouse, building, or structure:
(i)
At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, during usual business hours throughout the year or usual production season;
(ii)
At which stocks of the property being transported are produced, stored, or kept in quantities reasonably adequate for, and usually carried for, the requirements of such a business; and
(iii)
Which is recognized, and licensed or taxed, as a permanent business at that place.
(B)
"Established place of business" shall not mean residences or premises or buildings appurtenant thereto, tents, temporary stands, or other temporary quarters, nor permanent quarters occupied pursuant to any temporary arrangements;
(2)
"Highway" means any thoroughfare defined by any statute or ordinance as a public highway or street;
(3)
"Highway patrol" means the Division of Arkansas State Police or any other duly authorized officers authorized to patrol the highways of the state, counties, or cities;
(4)
(A)
"Itinerant merchant" means, except as otherwise provided in subdivision (4)(B) of this section, any person who sells or offers to sell in this state, at wholesale or retail, any personal property and transports it on any highway in this state by use of a motor vehicle.
(B)
"Itinerant merchant" shall not mean or include the following:
(i)
A person who does not at any time transport in a motor vehicle a net load exceeding two thousand pounds (2,000 lbs.);
(ii)
A person using a motor vehicle owned by him or her, whether operated by him or her or his or her agent, for the transportation of milk, dairy products, grains, fruits, vegetables, livestock, poultry, or other agricultural products, produced or fed by him or her on a farm operated by him or her either within or without this state, or for the transportation of newspapers, magazines, or books;
(iii)
A person transporting property owned by him or her in a motor vehicle owned by him or her, whether operated by him or her or his or her agent, when such transportation is incident to a business conducted by him or her at an established place of business operated by him or her either within or without this state and when the property is being transported to or from the established place of business, or when the transportation pertains to the buying or selling from a vehicle operated by an established place of business as defined in subdivision (1) of this section, or when the entire course of the transportation is for the purpose of delivery of the property subsequent to sale or trade thereof;
(iv)
A person transporting property owned by him or her in a truck, tank truck, or other vehicle owned or leased by him or her, his or her agent, or employee, whether operated by him or her, his or her agent, or employee, when the property is loaded, pumped, or otherwise placed upon or into the vehicle from or at a warehouse, distributing station, or other established place of business owned, leased, or operated by such person, his or her agent, or employee, whether within or without this state, for sale, distribution, or delivery in the conduct of the established business;
(v)
A person transporting property for his or her own consumption or use and not for sale, or to be processed by him or her;
(vi)
A person authorized to operate as a common or contract carrier of property by motor vehicle under Part II of the Interstate Commerce Act [repealed] or the laws of this state, when operating in such for-hire capacity; or
(vii)
A person using a motor vehicle whether operated by him or her or his or her agent for the transportation of dairy products, fruits, grains, vegetables, livestock, poultry, or other unprocessed agricultural products produced or fed within this state;
(5)
"Motor vehicle" means any automobile, automobile trucks, truck, or any other self-propelled vehicle not operated or driven upon fixed rails or track. The term shall include as one (1) vehicle a tractor-semi-trailer or tractor-trailer combination;
(6)
"Person" means a natural person, firm, partnership, association, corporation, trust, lessee, trustee, or receiver, as the context may require, regardless of the gender of the pronoun used in conjunction therewith; and
(7)
"Sale", "sell", "buy", or any grammatical forms thereof mean barter, trade, or exchange, in addition to the usual and ordinary meanings of such terms. This definition shall not be construed to diminish the meanings of these words but shall extend such meanings.
Amended by Act 2019, No. 386,§ 29, eff. 7/24/2019.
Acts 1941, No. 138, § 2; A.S.A. 1947, § 84-2402.