Temporary or Transient Businesses

As used in KRS365.655 to 365.695 unless the context requires otherwise: “Transient merchant” means any person, firm, corporation, partnership or other entity which engages in, does or transacts any temporary or transient business in the state, either in one (1) locality or in traveling from place to place in the state, offering for sale or selling goods, wares, merchandise or commodities of any kind, and includes those merchants who, for the purpose of carrying on such business, hire, lease, use or occupy any building, structure, motor vehicle or real estate, and “Temporary or transient business” means any business conducted for the sale or offer for sale of goods, wares or merchandise which is carried on in any building, structure, motor vehicle or real estate in one (1) locality for a period of less than six (6) months in a year.
The provision of KRS365.650 to 365.695 shall not apply to:
  • Sales at wholesale to retail merchants by commercial selling agents in the usual course of business
  • Wholesale trade shows or convention
  • Sale of goods, wares or merchandise by sample catalog or brochure for future delivery
  • Participants in fairs, and convention center activities when the participants’ businesses are conducted primarily for amusement or entertainment
  • Any general sale, fair, auction or bazaar sponsored by any religious, educational, public service or charitable organization
  • 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 such crafts or homemade items
  • Sales of locally grown agricultural products
  • Sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant of such premises
  • Sheriffs, constables, or other public or court officers, or any other person or persons acting under the direction or authority of any court, state or federal, selling goods, wares or merchandise in the course of official duties
  • Flea market vendors who can demonstrate compliance with KRS139.550
  • Professions and occupations, licensed and regulated by the state, when the activities are performed within the scope of their respective statutory and regulatory authority
  • Temporary sales at another location by businesses with a permanent business location within the state of Kentucky