Legal Definitions - transient merchant

A transient merchant is a seller who operates a business from a temporary location. They do not intend to establish a permanent presence or become a long-term merchant in that specific place.

A transient merchant refers to an individual or business that sells goods from a temporary location, without the intention of establishing a permanent retail presence in that specific spot. They operate for a limited time, often moving from one temporary site to another.

Here are some examples to illustrate this concept:

• Seasonal Holiday Seller: Imagine a person who rents a vacant lot for just a few weeks in December to sell Christmas trees. They set up a temporary stand, sell their merchandise during the holiday season, and then pack up and leave once the demand subsides.

  This individual is a transient merchant because they are selling goods (Christmas trees) from a temporary location (the rented lot) and clearly do not intend to operate a permanent tree business there year-round. Their presence is limited to a specific, short period.

• Pop-Up Clothing Store: A new fashion brand decides to lease a small retail space in a bustling city district for just one weekend to launch a new collection and generate excitement. They set up displays, sell their clothing, and then vacate the space after the event concludes.

  The fashion brand acts as a transient merchant because it is selling merchandise (clothing) from a temporary location (the leased space) for a very limited duration. Their objective is not to establish a permanent store in that specific spot, but rather to create a temporary retail experience.

• Traveling Artisan at Craft Fairs: Consider an artisan who handcrafts unique pottery and travels to various art festivals and craft fairs across different states throughout the year. At each event, they set up a temporary booth for a few days to display and sell their creations.

  This artisan is a transient merchant because they sell merchandise (pottery) from numerous temporary locations (festival booths). They do not maintain a permanent storefront at any single festival site but rather move from one temporary selling opportunity to another, fitting the definition of a merchant with no permanent intent in any one place.