Sec. 12. (a) A person is a retail merchant making a retail transaction when he sells tangible personal property at auction. (b) Notwithstanding subsection (a), a person is not a retail merchant making a retail transaction when: (1) he makes isolated or occasional sales of tangible personal property at auction; (2) the sales occur on the premises of the owner of the tangible personal property; and (3) the owner of the tangible personal property did not originally acquire that property for resale.
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