[Ord. No. 1077-05-04 §1, 5-19-2005]
A. The term "itinerant vendor", for the purpose of this Chapter, shall
mean and include all persons, both principal and agents, who engage
in, or conduct, in the City of Palmyra, either in one (1) locality
or in traveling from place to place, a temporary or transient business
of selling goods, wares and merchandise, and who, for the purpose
of carrying on such business, hire, lease or occupy, either in whole
or in part, a vehicle, a street stand, a room, building or other structure,
or who occupy, either in whole or in part, a lot or commercial parking
area for the exhibition and sale of such goods, wares and merchandise
and who do not have a permanent place of business in the City of Palmyra.
B. Itinerant Vendors' Business Operations.
1. May
be conducted in any zoning district, except the "R-1" Residential
District;
2. Shall
not be conducted on any public street, alley or right-of-way; and
3. Shall
not be conducted within three hundred (300) feet of the paved portion
of any intersection between a private or public highway, street or
roadway, and any four-lane highway, street or roadway.
[Ord. No. 1077-05-04 §1, 5-19-2005]
A. The provisions
of this Chapter shall not apply to sales made to dealers by commercial
travelers or selling agents in the usual course of business, nor to
bona fide sales of goods, wares and merchandise by sample for future
delivery, nor to any sale of goods, wares or merchandise on the grounds
of any agricultural society during the continuance of any annual fair
held by such society, nor to auctioneers when selling goods, merchandise
or property for customary auction fee or commissions.
B. The provisions
of this Chapter shall not apply to sales of agricultural products
raised by a farmer or producer.
C. The provisions
of this Chapter shall not apply to sales by any not-for-profit or
charitable organization selling goods, wares or merchandise for its
own benefit.
D. The provisions
of this Chapter shall not apply to a person conducting a sale of his
or her own personal property on real property occupied by such person
for residential purposes, commonly referred to as "garage sales".
[Ord. No. 1077-05-04 §1, 5-19-2005]
A. Except as provided in Subsection
(B) of this Section, an itinerant vendor, whether principal or agent, before beginning business, shall apply to the City Clerk for an itinerant vendor's license which shall be issued by the City Clerk for a charge of twenty-five dollars ($25.00) authorizing the applicant to do business in the City of Palmyra in conformity with the provisions of this Chapter for a period of not more than one hundred twenty (120) days from the date thereof.
B. Any person,
firm, corporation or organization (whether for profit or not-for-profit)
sponsoring or organizing a group of two (2) or more itinerant vendors
at a single location may apply to the City Clerk for a group itinerant
vendors license which shall be issued to the sponsor or organizer
for a charge of twenty-five dollars ($25.00) per vendor, with a maximum
charge of two hundred dollars ($200.00), authorizing the group of
vendors to do business in the City of Palmyra in conformity with the
provisions of this Chapter for a period of not more than one hundred
twenty (120) days from the date thereof.
C. Applications
for licenses under this Chapter shall be in a form approved by the
City Clerk, shall be sworn to, shall disclose the names and residences
of the owners or persons in whose interest such business is conducted.
D. No license issued under the provisions of this Chapter shall be transferable. Except as provided in Subsection
(B) of this Section, no license issued under the provisions of this Chapter shall permit more than one (1) person to sell goods as an itinerant vendor, either by agent or clerk, or in any other way than in person, but any licensee may have the assistance of one (1) or more persons who may aid such licensee in conducting business but not act for such licensee or without such licensee.
E. No license
shall be issued until the applicant obtains and displays a Missouri
retail sales license or an exemption certificate from the Department
of Revenue of the State of Missouri in the name of such applicant.
No group itinerant vendor's license shall be issued until the sponsor
or organizer obtains and displays a Missouri retail sales license,
or an exemption certificate from the Department of Revenue of the
State of Missouri, in the name of each itinerant vendor listed in
the application for a group itinerant vendor's license.
F. Any license
issued under the provisions of this Chapter shall be conspicuously
posted or displayed by the applicant during all business operations
by such applicant.
G. No license
shall be issued under the provisions of this Chapter to any person,
firm or corporation until all tangible personal property taxes and
real estate taxes owing by such applicant, if any, shall have been
fully paid. No group itinerant vendors' license shall be issued under
the provisions of this Chapter until all tangible personal property
taxes and real estate taxes owing by each vendor listed in the application
for a group itinerant vendors' license, if any, shall have been fully
paid.
H. No license
shall be issued by the City Clerk until the applicant obtains and
displays a State itinerant vendor's license issued by the Director
of Revenue of the State of Missouri. No group itinerant vendor's license
shall be issued by the City Clerk until the applicant obtains and
displays a State itinerant vendor's license issued by the Director
of Revenue of the State of Missouri for each vendor listed in the
application for a group itinerant vendor's license.
[Ord. No. 1077-05-04 §1, 5-19-2005]
Any person, firm or corporation violating the provisions of
this Chapter shall be fined not less than ten dollars ($10.00) nor
more than five hundred dollars ($500.00), and each day of violation
shall constitute a separate offense.