[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-22-1969
as Ch. 79 of the 1969 Code. Amendments noted where applicable.]
[Amended 9-4-2001 by L.L. No. 2-2001]
Before any person or corporation shall commence a transient retail business
in the Village of Massena, said person or corporation shall obtain a permit
from the Mayor, stating the place where such business is to be conducted and
the date of expiration of the term, which permit may be renewed from time
to time, and shall file with the Village Clerk cash deposit or bond, in an
amount of $1,000. Said bond shall be approved by the Village Attorney as to
form and by the Mayor as to its sufficiency.
[1]
Editor's Note: Former §§ 276-1, Tax on transient
retail business, and 276-2, Computation of tax, which immediately preceded
this section, were deleted 9-4-2001 by L.L. No. 2-2001.
[Added 9-4-2001 by L.L. No. 2-2001]
On each occasion of a transient merchant sale conducted in the Village
of Massena, there is hereby imposed a license fee of $500.
[Added 9-4-2001 by L.L. No. 2-2001]
The Village reserves the right to require the permit holder, or those
acting under the permit, to move the location of the business in the event
that it is a hazard to traffic, is dangerous or in any way interferes with
the movement of persons or vehicles.
Any person or corporation desiring to conduct a transient retail business
in the Village of Massena shall present to the Mayor a verified petition,
stating:
A.
The name and permanent address of the person or corporation
desiring to conduct such business.
B.
The place where and the time during which said business
is to be conducted.
C.
The name and local address of the person to be in immediate
charge of said business.
D.
The character of the merchandise to be dealt in.
E.
The estimated amount of the gross sales which will be
made.
[Amended 9-4-2001 by L.L. No. 2-2001]
The person or corporation receiving such permit shall, before the beginning
of business, file with the Village Clerk a verified report of the stock on
hand, the aggregate value thereof, with which it is intended to conduct said
business; and shall thereafter, as further stock is received, within two days
after the receipt thereof, file a verified report with the Village Clerk of
such added stock and of the aggregate value thereof, and shall on Monday of
each week file a verified report of the stock sold during the preceding week.
At the completion of said transient business the person or corporation shall
file a verified report setting forth the total amount of stock sold and the
total amount for which it was sold.
As used in this chapter, the following terms shall have the meaning
indicated:
One conducted on any parcel of land or in a store, hotel, house,
enclosure, building or structure for the sale and retail of goods, wares or
merchandise, excepting 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, such fact shall be presumptive evidence that the business therein is
a transient business.
[Amended 9-4-2001 by L.L. No. 2-2001]
A violation of any of the provisions contained in this chapter shall
be deemed a misdemeanor, and upon conviction thereof, shall be punishable
to a fine of not less than $500 nor more than $1,000 or by imprisonment for
not more than one year, or both. These penalties shall be in addition to any
other penalty provided by law. The Village may also seek injunctive relief
to prevent the continued violation of this chapter.
