[HISTORY: Adopted by the Common Council of the City of Hudson 12-13-1973 by Ord. No. 19-1973 (Ch. 70 of the 1973 Code). Amendments noted where applicable.]
Every person, firm or corporation, whether principal or agent, entering into, beginning or desiring to begin a transient retail business in the City of Hudson for the sale of any goods, wares or merchandise whatsoever, and who hires, leases, occupies or uses any room, apartment, store, shop, building, railway car or other place or structure for the exhibition and sale of such goods, wares or merchandise, shall, before starting such sale, obtain a license for the same from the City Clerk of the City of Hudson.
Any person, firm or corporation desiring to procure a license as herein provided shall file with the City Clerk a written application upon a blank form prepared by the Legal Advisor and furnished by the City, and shall file at the same time satisfactory proof of good behavior. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired, the kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform, the method of distribution, the location and type of structure in which the applicant desires to conduct business, the name, address and age of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires the license and such other information as may be required by the City of Hudson. Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
Upon the filing of the application and certificate as provided in the preceding section, the City Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 203-1, signed by the City Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. A license shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this chapter. Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application may be issued by the City Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall clearly state the kind of vehicle to be used, if any, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of the license, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee and his principal, if any. Such license shall automatically expire on May 1 following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
License fees for each person licensed to conduct a transient retail business shall be as established by the Common Council.
A licensed transient merchant shall:
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale, or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares.
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes, or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.
Not create or maintain any booth or stand, or place any barrels, boxes, crates or other obstructions, upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
All orders taken by licensed transient merchants who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the licensed transient merchant.
It shall be the duty of the City Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, the name and residence of the person licensed and the amount of the license fee paid.
All licensed transient merchants shall, before commencing the operation of a transient retail business, file with the City Clerk a verified report of their stock and the value thereof, and must every two days file a verified report of stock sold and the value thereof, and must, at the completion of such transient retail business, file a verified report setting forth total stock sold and the amount for which the same sold.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- TRANSIENT MERCHANT
- Any person conducting a transient retail business.
- TRANSIENT RETAIL BUSINESS
- A business conducted in a store, hotel, motel, house, building or structure for the sale at retail of goods, wares or merchandise, and which is intended to be conducted for a temporary period of time and not permanently; if the place in which the business is to be conducted is rented, leased or occupied for a period of six months or less, such a fact shall be presumptive evidence that the business carried on therein is a transient retail business.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.