Dear Transient Merchant License Applicant:
The Oklahoma Legislature has enacted the Transient Merchant Licensing Act. The Act requires that any transient
merchant who desires to transact business in any county in the State must apply for and obtain a license in each
county in which the merchant desires to transact business.
You must obtain a transient merchant license if you are a person, firm, corporation, partnership or other entity which
engages in, does, or transacts any temporary or transient business in this state, either in one locality or in traveling
from place to place in the State of Oklahoma which offers for sale or sells goods, wares, merchandise, or services,
including merchants who hire, lease, use or occupy any building, structure, motor vehicle, railroad car, or real
estate.
You must also obtain a transient merchant license if you have a business which is a home improvement siding,
roofing or resurfacing service, engaged in the sale or the offer of sale of goods carried on in a building, structure,
motor vehicle, mobile home, travel trailer, railroad car or real estate for a term of less than six months a year.
The following businesses / situations are exempt from the Transient Merchant Act:
1.
Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of
business;
2.
Wholesale trade shows or conventions;
3.
Sales of goods, wares or merchandise by sample, catalog or brochure for future delivery;
4.
Fairs and convention center activities conducted primarily for amusement or entertainment;
5.
Any general sale, fair, auction or bazaar sponsored by any church or religious organization;
6.
Any sale sponsored by schools and universities or any charitable organization;
7.
Trade fairs;
8.
Flea markets;
9.
Garage sales held on premises devoted to residential use;
10.
Sales of crafts or items made by hand and sold or offered for sale by the person making them;
11.
Sales of agricultural products (for example, Christmas trees or firewood);
12.
Sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant
of such premises;
13.
Any person who maintains a permanent place of business in this state and has a registered agent therein upon
whom process, notice or demand permitted by law may be made;
14.
Any person whose participation with a transient merchant or in the “temporary or transient business” is limited
to providing any building, structure, motor vehicle, railroad car or real estate;
15.
Fireworks, or,
16.
Bibles.
A transient merchant will not relieve himself from the provisions of the Transient Merchant Licensing Act by reason
of associating himself temporarily with a local dealer, auctioneer, trader, contractor, or merchant.
Please fill out the attached Application and return it to the Court Clerk. A license fee of fifty dollars ($50.00) is
required, as is a cash or surety bond issued by a corporate surety licensed to do business in Oklahoma. The bond
is in the amount of two-thousand dollars ($2,000.00) or five percent (5%) of any goods, wares, merchandise or
services offered for sale, whichever sum is lesser.