§ 113.04 EXCEPTIONS.

   The following transactions shall not require a license under this subchapter:

   (A)   The sale of secondhand goods at events commonly known as GARAGE SALES, YARD SALES, or ESTATE SALES where all of the following are present:

      (1)   The sale is held on property occupied as a dwelling by the seller or owned, rented, or leased by a charitable or political organization;

      (2)   The occupant owns the items offered for sale and that none of the items offered for sale shall have been purchased for resale or received on consignment for purpose of resale;

      (3)   The owner of the property conducts the sale and receives all proceeds from the sale;

      (4)   No sale exceeds a period of 72 consecutive hours; and

      (5)   No more than four sales are held in any 12-month period at any residential dwelling.

   (B)   The sale or receipt of secondhand books, magazines, post cards, postage stamps, philatelic material, video recordings (including digital video discs and video tapes), and audio recordings (including compact discs, long-play albums, and cassette tapes);

   (C)   The sale or receipt of used merchandise donated to recognized nonprofit organizations and for which no compensation is paid; and

   (D)   Transactions conducted by a pawnbroker licensed under §§ 113.35 through 113.51.

(Prior Code, § 111.253)