5.__Unused property market.__"Unused property market" means any event:

A.__At which 2 or more persons offer personal property for sale or exchange at which a fee is charged for sale or exchange of personal property or a fee is charged to prospective buyers for admission to the event; or

B.__Where personal property is offered or displayed for sale or exchange if the event is held more than 6 times in any 12-month period, regardless of the number of persons offering or displaying personal property or the absence of an admission fee.

"Unused property market" is interchangeable with "swap meet," "indoor swap meet," "flea market" and other similar terms regardless of whether these events are held inside a building or outside in the open, when these activities involve a series of sales sufficient in number, scope and character to constitute a regular course of business.

"Unused property market" does not include an event that 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.__ "Unused property market" does not include an 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 authorized representatives of manufacturers or distributors.

6.__Unused property merchant. "Unused property merchant" means any person, other than a vendor or merchant with an established retail store in the county where the unused property merchant is located, who transports an inventory of goods to a building, vacant lot or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.

§12102.__Requirement to maintain receipts

1.__Receipts for purchase of new and unused property.__An unused property merchant shall maintain receipts for the purchase of new and unused property.__Receipts must contain the following information:

A.__The date of the transaction;

B.__The name and address of the person, corporation or entity from whom the new and unused property was acquired;

C.__An identification and description of the new and unused property acquired;

D.__The price paid for such new and unused property; and

E.__The signature of the seller and buyer of the new and unused property.

§12103.__Prohibited acts

It is unlawful for any unused property merchant:

1.__Sales. To offer at an unused property market for sale or knowingly permit the sale of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices, unless the unused property merchant keeps available for public inspection a written authorization identifying that person as an authorized representative of the manufacturer or distributor of such a product, provided that the authorization is not false, fraudulent or fraudulently obtained; and

2.__Receipts.__To knowingly:

A.__Falsify, obliterate or destroy receipts required under section 12102;

B.__Refuse or fail upon request to make receipts required under section 12102 available for inspection within a period of time that is reasonable under the individual circumstances surrounding such a request.__This paragraph may not be construed to require the unused property merchant to produce receipts without reasonable notice; and

C.__Fail to maintain receipts required under section 12102 for at least 2 years.

§12104.__Exceptions

This chapter does not apply to:

1.__Motor vehicle or trailer.__The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this State;

2.__Wood, ice and livestock.__The sale of wood for fuel, ice or livestock;

3.__Industry and trade shows.__Business conducted in any industry or association trade show;

4.__Antique property.__Property, although never used, whose style, packaging or material clearly indicates that the property was not produced or manufactured within recent times;

5.__Catalog sales.__Anyone who sells by sample, catalog or brochure for future delivery;

6.__Arts and crafts.__The sale of arts or crafts or other merchandise by a person who produces those arts or crafts or merchandise or by a person or persons acting on their behalf; and

7.__Prior invitations.__Persons who make sales presentations pursuant to a prior, individualized invitation issued to the consumer by the owner or legal occupant of the premises.

§12105.__Penalties

A person who violates this chapter commits:

A.__A Class E crime;

B.__A Class D crime if the actor has a prior conviction under this chapter; or

C.__A Class C crime if the actor has 2 or more prior convictions under this chapter.

§12106.__Application

This chapter applies to all new and unused property purchased or acquired on or after January 1, 2002 of the year following the effective date of this chapter.

SUMMARY

This bill prohibits unused property merchants from selling unused baby food, infant formula, nonprescription drugs and

medical devices at unused property markets unless the unused property merchant possesses written authorization to do so from the manufacturer or distributor of the item being sold. The bill also requires unused property merchants to collect and maintain detailed purchase receipts for a minimum of 2 years. The bill does not apply to the sale of motor vehicles or trailers that are required to be registered or are subject to the certification of title laws of the State, wood for fuel, ice, livestock, business conducted in any industry or association trade show, property not manufactured within recent times, anyone who sells by sample catalogs or brochures for future delivery, and the sale of arts, crafts or other merchandise produced by a person who produces such arts, crafts or merchandise or a person acting on their behalf. The bill provides that an unused property merchant's first violation of the Maine Revised Statutes, Title 32, chapter 112 is a Class E crime, the 2nd violation is a Class D crime and all subsequent violations are Class C crimes.