2014 Tennessee Code
Title 47 - Commercial Instruments And Transactions
Chapter 25 - Trade Practices
Part 16 - Flea Market Sales
§ 47-25-1601 - Part definitions.

(a) As used in this part, unless the context otherwise requires:

(1) "Manufacturer's or distributor's representative" means a person who has on the person's person and available for public inspection written proof that such person is authorized by the manufacturer or distributor for the public retail sale of those products which are offered for sale. Such credentials shall include the seller's name and may include a date upon which such authorization shall expire;

(2) (A) "New and unused property" means tangible personal property that was acquired by the new and unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured;

(B) "New and unused property" does not include:

(i) Property which is in its original and unopened package or container that contains a date or expiration date and such date is not a new date or the date has expired;

(ii) Property which was pre-owned by an individual other than the new and unused property merchant and such individual obtained the property through the ordinary course of business; or

(iii) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times;

(3) "New and unused property merchant" means a person who engages in the retail sale of personal property at a wholesale/retail outlet in this state and some of such property offered for sale is new and unused; and

(4) (A) "Wholesale/Retail Outlet" means an event:

(i) At which two (2) or more persons offer personal property for sale or exchange; and

(ii) If the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees, at which such property is offered or displayed for sale or exchange; or

(iii) At which a fee is charged for the privilege of offering or displaying such personal property; or

(iv) At which a fee is charged to prospective buyers for admission to the area where such personal property is offered or displayed for sale.

(B) "Wholesale/retail outlet" is interchangeable with and applicable to "flea market," "itinerant vendor," "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.

(C) "Wholesale/retail outlet" does not mean nor apply to 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.