§ 51-04-04 — Affidavit required for certain sales

It is unlawful for any transient merchant to advertise, represent, or hold forth as being sold
for an insurance, bankrupt, insolvent, assignee, trustee, testator, executor, administrator,
receiver, syndicate, wholesaler, or manufacturer, or closing out sale, or as a sale of any goods,
wares, and merchandise damaged by smoke, fire, water, or otherwise, or in any similar form,
unless such transient merchant shall file with the person's application for a transient merchant
license an affidavit showing all the facts relating to the reasons and character of the sale so to
be advertised or represented, and showing that the sale is in fact as it is to be advertised and
represented, including a statement of:
1. The names of the persons from whom the goods, wares, and merchandise were
obtained;
2. The date of their delivery to the applicant;
3. The place from which the goods, wares, and merchandise were last taken; and
4. All details necessary to exactly locate and fully itemize all goods, wares, and
merchandise to be sold.