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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XV REGULATION OF TRADE
  • CHAPTER 101 TRANSIENT VENDORS, HAWKERS AND PEDLERS
  • Section 1 Definitions

Section 1. The following words shall for the purposes of this chapter have the following meanings, unless the context requires otherwise:—

“Deputy director”, the deputy director of standards in the office of consumer affairs and business regulation.

“Promoter”, a business or person who operates for the purpose of either directly or indirectly, renting, leasing or granting a license to use space to any vendor for the display for sale or for the sale of tangible personal property or services subject to tax under chapter 64H; provided, however, that this shall not include a state or county fair as defined in section 1 of chapter 128A; and provided further, that a promoter licensed under this chapter shall comply with sections 8A and 67A of chapter 62C or any regulations pursuant thereto as required by the commissioner of revenue.

“Tangible personal property”, personal property of any nature consisting of any produce, goods, wares, merchandise and commodities whatsoever, brought into, produced, manufactured or being within the commonwealth.

“Temporary or transient business”, an exhibition and sale of goods, wares or merchandise which is carried on in a tent, booth, building or other structure unless such place is open for business during usual business hours for a period of at least 12 consecutive months; provided, however, that this shall not include a business operating under a written agreement with a licensed promoter.

“Transient vendor”, a person, either principal or agent, who engages in a temporary or transient business in the commonwealth selling goods, wares or merchandise, either in 1 locality or in traveling from place to place; provided, however, that this shall not include a person operating under a written agreement with a licensed promoter.

“Usual business hours”, the time period during which similar businesses in the community conduct business.

“Written operating agreement”, a written agreement between a promoter, licensed under section 3A and a vendor to conduct business at any location.