Education & Employment

Michigan Veteran License to Sell Goods

A county clerk must issue a resident veteran a free one-year license to sell their own goods for personal gain. The signage rules are strict and a false claim of charity draws a $1,000 civil fine.

Also called: 35.441, 35.442, peddler license, license to sell goods, county clerk, free license, 180 days, civil infraction.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

1921 PA 359 gives a veteran a route around local peddler and transient merchant licensing. A veteran may sell their own goods within this state if the proceeds are to be used for their direct personal benefit or gain, on obtaining a license under the act, which is valid for one year. The license is free and the clerk has no discretion. On the presentation of evidence that the person is a veteran, the clerk of any county in which the veteran resides shall issue without cost a veteran's license certifying entitlement to the benefits of the act. The clerk must provide the forms and books and keep a record of licenses issued. It is personal. A license issued under the act is personal to the licensee and an assignment or transfer of it is void, so it cannot be lent to a business partner or used by an employee. Who counts as a veteran here. A fifth Michigan definition: a veteran under 35.61 who served at least 180 days of active service in the armed forces or has a service-connected disability as a result of that service, who was honorably discharged, and who is a resident of this state. It combines the 180-day test from the private employer preference act with the honorable discharge test from the public preference act and adds residency, and it is the strictest of the set. The honesty rules, which are the substance of the modern act. While selling, the licensee must conspicuously display a sign at the place of sale in not less than 18-point boldface type showing the licensee's name, the license number, and a statement substantially in the form "The profit from the sale of this product is for my personal benefit". At the time of sale a written statement in not less than 12-point boldface type saying the same thing must be printed on or attached to the goods. And no person may knowingly make a false representation that the proceeds benefit a veterans' organisation, defined as a federally chartered veterans' organisation or an organisation of veterans organised for a bona fide fraternal, benevolent, educational, philanthropic, humane, patriotic or charitable purpose. A violation of any of those three is a state civil infraction with a civil fine of up to $1,000. What the act does not displace. Section 35.443 provides that it does not contravene MCL 445.371 to 445.378, the home solicitation sales act, so the buyer's cancellation rights under that act survive. The practical value. A veteran selling at a roadside, a market or door to door in Michigan has a statewide free license from their own county clerk instead of a separate paid license from each municipality, and the price of it is telling every customer in boldface that the money is theirs.

Thresholds

Thresholds for Michigan Veteran License to Sell Goods
GateRule
180 days or a service-connected disability, honorably discharged, residentA veteran under 35.61 who served at least 180 days of active service or has a service-connected disability from that service, was honorably discharged, and is a Michigan resident.
The goods must be the veteran’s own, for their own gainThe act permits a veteran to sell his or her own goods where the proceeds are to be used for the veteran’s direct personal benefit or gain.
Free, from the clerk of the county where the veteran livesThe county clerk shall issue the license without cost on presentation of evidence that the person is a veteran. The license runs for one year and is personal; an assignment or transfer is void.
Two signs, in prescribed type sizesA conspicuous sign at the place of sale in not less than 18-point boldface with the licensee’s name, the license number and a personal benefit statement, and a statement in not less than 12-point boldface printed on or attached to the goods.
A false charity claim costs up to $1,000Knowingly representing falsely that the proceeds benefit a veterans’ organisation, or breaching either signage requirement, is a state civil infraction with a civil fine of not more than $1,000.

Sources

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.