STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

August 29, 1975

Mr. James V. Guffey, Secretary
Department of Consumer Affairs
State Capitol Building
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-127

Peddler-solicitors law

Dear Mr. Guffey:

You have requested our official opinion on the following factual situation:

X Company, licensed as a solicitor, employs a number of telephone representatives to call consumers and sell products in South Dakota.

Based on the above factual situation you ask:

Do the telephone representatives have to be licensed to act as an agent of the company when the company is already licensed?

SDCL 37-13-1 provides:

A person engaged in the selling of personal property or personal services to include, but not limited to spraying, trimming or pruning of trees and shrubs of all species, painting or repairing buildings or structures, and pest or rodent control by going about from place to place, highway or street parking, or house to house either in person or by telephone to sell the same and who carries with him such property for delivery at time of sale or performs such service at the time of contract and for such service or immediately thereafter is a peddler. A person engaged in going from place to place, highway or street parking, or house to house either in person or by telephone to solicit orders for, or to offer to sell, personal property for future delivery is a solicitor.

It is my opinion that the above cited provision clearly indicates the legislative intent that people who perform these functions must be licensed irrespective of whether or not the corporation for which they work is licensed.

Respectfully submitted,

William Janklow
Attorney General

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