[HISTORY: Adopted by the Council of the City of New Rochelle as Secs. 6-16 through 6-16.05 of the 1965 General Ordinances. Section 298-4 amended and §§ 298-5 and 298-9 added at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- TRANSIENT RETAIL BUSINESS
- One conducted in a store, hotel, house, building or structure for the sale and retail of goods, wares or merchandise, except food products, and which is intended to be conducted for a temporary period of time and not permanently. If the place in which a business is conducted is rented or leased for a period of six months or less, or for a period of six months or more under a lease or agreement giving to the applicant the option to cancel such lease on 90 days' notice or less, to the landlord with or without penalty; or for the purpose of the sale to the public of a particular stock of goods already acquired and on the premises or for the sale of any particular type or kind of merchandise to be continued only until public demand for such merchandise is satisfied, without the intention of establishing a permanent place of business in the City for the continuing sale to the public of such merchandise, such fact shall be presumptive evidence that the business carried on therein is a "transient business."
A tax shall be levied upon all persons now conducting or who may hereafter conduct a transient retail business in the City of New Rochelle. Such tax shall be based upon the gross amount of sales and shall be at the same aggregate rate as other property is taxed in the City for City, school, county and state purposes. If the rate for the current year has not been ascertained at the time the tax herein provided for is to be paid, the same shall be estimated by the City Clerk.
Every applicant shall file with the City Clerk an application in writing which shall contain such information as may be requested by the City Clerk and:
The full name and address of each of such persons and, if a corporation, the state under the laws of which organized, the exact location of its principal office and place of business and the names and addresses of its officers.
The exact nature and location of business engaged in by such person or corporation during the five years immediately preceding the filing of such statement, and in the case of a corporation organized less than five years, since its organization.
The exact location within said City where such transient retail business is to be conducted.
The date on which such person, firm or corporation intends to begin doing such business within said City.
The name and address of the landlord from whom the premises are rented.
A detailed description of the type and kind of goods, wares and merchandise to be offered for sale to the public, together with an itemized statement of the cost price to the applicant of such goods, wares and merchandise.
The place where such stock or merchandise was or is to be purchased, the manner in which the same was or is acquired and the place where such stock or merchandise was or is to be acquired.
The purpose of the business to be conducted, specifying whether the same is for the sale only of a particular stock of goods, wares and merchandise already acquired and on the premises or to be acquired and delivered to the premises for sale to the public; or whether the same is for the sale of any particular type or kind of goods, wares or merchandise to be continued only until public demand for such merchandise is satisfied, stating whether it is the intention of the applicant to establish a permanent place of business within the City for the continuing sale to the public of such merchandise.
It shall be unlawful for any person to conduct a transient retail business without obtaining a license therefor from the City Clerk. Said license shall state the place where the business is conducted and the period of time covered by the license. Upon filing the application for a license as a transient or itinerant merchant, the applicant shall pay to the City Clerk a fee as set forth in Chapter 133, Fees.
All licenses issued pursuant to this chapter shall be issued for a period of six months, said period starting at any time and terminating six months from the date of issue.
Before any such license is issued, the applicant shall file with the City Clerk an approved surety bond in an amount not less than $1,000 for each $5,000 of cost price to the applicant of the goods, wares and merchandise offered for sale, to be executed by a bonding company authorized to do business in the State of New York, which bond shall be conditioned that such applicant will faithfully comply with all the provisions of this chapter, of the General Municipal Law in relation to taxation of transient merchants and with all other provisions of law; and will pay to the City of New Rochelle the amount of tax, based upon such gross sales, at least weekly, and at the termination of such business will forthwith pay to the City Clerk the balance of such tax. Such bond shall be approved by the Corporation Counsel as to form and execution and by the City Clerk as to its sufficiency. In lieu of any such surety bond, the applicant may make a cash deposit with the City Clerk in an amount to be fixed by the City Clerk, which deposit shall be deemed to be surety to the same extent as said surety bond.
Every applicant to whom a license is granted shall each week make a verified written report and file the same with the City Clerk, showing all additions to stock and all gross sales during the period covered and at the termination of such business shall file a final verified report showing the total amount of stock and all gross sales.
The tax herein required to be paid shall be made in weekly installments based upon the gross sales of the previous week, and at the termination of such business such applicants shall forthwith pay the balance of such tax computed as herein provided.
A landlord shall not deliver possession of any premises to any person where the lease therefor is for a period of less than six months or for a period of six months or for a period of six months or more under a lease or agreement giving the tenant the option to cancel the said lease or agreement on 90 days' notice or less to the landlord with or without penalty unless and until such person has first exhibited to such landlord a license required to be procured by transient merchants pursuant to this section. If such person is not an itinerant merchant but his lease is for less than six months or more than six months under a lease or agreement giving to the applicant the option to cancel such lease on 90 days' notice or less, then such person shall deliver to the landlord an affidavit specifying the facts upon which such tenant bases the claim that such tenant is not an itinerant merchant.