[Adopted by Ord. No. 81-74; amended in its entirety 5-17-2011 by Ord. No. 11-02]
A. 
The purpose of this article is to establish regulations and procedures for the regulating and licensing of temporary or transient merchants conducting sales and related activities within the City.
B. 
Authority is granted cities and towns by Wyoming Statutes §§ 15-1-103(a)(xiii) and 33-20-201 through 33-20-210 to regulate and license the conduct of sales by temporary or transient merchants for the public health, safety and welfare of its citizens.
C. 
The City Clerk is authorized to request any supporting documentation in conjunction with applications filed for a license, or to ascertain requests for exemption from a license as set forth in this article.
The following definitions shall apply in the interpretation and enforcement of this article:
TEMPORARY OR TRANSIENT MERCHANT
All persons not having a permanent place of business within the City, who are engaged in selling or offering for sale any goods or merchandise of whatever nature.
A. 
No person may carry on the trade or occupation of a temporary or transient merchant within the City unless the person has obtained a temporary or transient merchant business license from the office of the City Clerk. A temporary or transient merchant is not required to purchase a temporary or transient merchant business license to operate at a mass event, if the sponsor of the event has purchased a mass event license.
B. 
Persons desiring a temporary or transient merchant business license must submit a written application on forms provided by the City Clerk, together with payment of the licensing fee, to the office of City Clerk. The applicant shall state upon oath or affirmation that the information contained in the application is truthfully provided to the best of the knowledge and belief of the applicant. The applicant shall supply the following information and any such additional information that the City Clerk may include upon the application form:
(1) 
The applicant's true and correct legal name, and any former names or aliases;
(2) 
The applicant's telephone number, home address and mailing address;
(3) 
If different from the applicant, the name, address and phone number of the responsible person or entity;
(4) 
The name, address and phone number of applicant's immediate supervisor, if any;
(5) 
Proof the applicant has registered with the Wyoming Department of Revenue for the payment of sales tax;
(6) 
The identification of the goods or services offered by the applicant, including commonly known, registered or trademarked names.
C. 
No license shall be issued to any applicant until the applicant establishes proof of identification. The City Clerk shall verify an applicant's true identity by use of any of the following that bear a photograph of said applicant:
(1) 
A valid driver's license or identification card issued by any state;
(2) 
A valid United States uniformed service identification card;
(3) 
A valid passport; or
(4) 
Any other equivalent identification deemed permissible by the administrator.
Each license for a temporary or transient merchant issued will be effective for 14 days.
The license issued under this article shall be posted conspicuously in the place of business named therein. In the event that the person applying for such license shall desire to do business in more than one place within the City, a separate license may be issued for each place of business and shall be posted conspicuously in each place of business.
No licensee under this article, nor anyone on his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any other sound device, including any loudspeaking radio or amplifying system, upon any of the streets, alleys, parks or other public places of the City or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
Any person who violates any provision of this article will be deemed guilty of a misdemeanor, punishable pursuant to the general penalty provision of the City Code.[1] The City Clerk will have the authority to sign and file complaints with municipal court for the City against those persons violating the provisions of this article. Each day a violation continues will be deemed a separate offense.
[1]
Editor's Note: See § 1-5, General penalty; remedies generally; continuing violations.