[HISTORY: Adopted by the Town Board of the
Town of Binghamton 4-20-1982 by L.L. No. 1-1982 (Ch. 30A of the 1969 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
One conducted in a store, hotel, house, building or structure
for the sale of retail 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 the business is conducted
is rented or leased for a period of six months or less, such fact
shall be presumptive evidence that the business named or carried on
therein is a "transient business."
This chapter shall not apply to sales in a residence
when the retail merchant has a permanent residence within the Town
of Binghamton and shall not apply to door-to-door sales.
[Amended 6-17-2014 by L.L. No. 37-2015]
It shall be unlawful for any person, firm or
corporation to conduct or operate or permit to be conducted or operated
a transient retail business within the Town of Binghamton without
first obtaining a license from the Code Enforcement Officer of the
Town of Binghamton.
[Amended 4-15-2003 by L.L. No. 1-2003]
The fee for a license required by this chapter
shall be as determined by the Town Board.
Pursuant to the authority granted by § 85-a
of the General Municipal Law, a tax is hereby levied upon all persons
now conducting or who may hereafter conduct a transient retail business
within the Town.
The tax imposed pursuant § 208-5 herein shall be based upon the gross amount of sales by the transient retail merchant and shall be at the same rate as other property is taxed for the year in the Town; provided, however, that if at the time such tax becomes due and payable the tax rate for the current year of the Town has not been fixed, the same shall be the rate for the immediately prior year.
[Amended 6-17-2014 by L.L. No. 37-2015]
No person shall conduct a transient retail business
within the Town until he shall have obtained a license, in writing,
to conduct such business from the Code Enforcement Officer and shall
have deposited with the Code Enforcement Officer the sum of $300 in
cash as security for the payment of the tax imposed by this chapter.
Upon the filing with the Code Enforcement Officer of satisfactory
proof that the person so making such deposit has discontinued such
transient retail business, the Code Enforcement Officer shall return
said cash deposit or so much thereof as shall remain in her hands
after deducting all sums due the Town under the provisions of this
chapter.
The application for the license shall include
a statement verified by the person or persons who are to conduct such
business and, if a corporation, by the president and treasurer thereof,
containing the following information:
A.
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.
B.
The exact nature and location of the business engaged
in by such persons 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.
C.
The exact location within the Town where such transient
retail business is to be conducted.
D.
The date on which such person intends to begin doing
such business within the Town.
[Amended 6-17-2014 by L.L. No. 37-2015]
Upon filing of the statement required herein,
the Code Enforcement Officer shall immediately cause an investigation
to be made of the parties named in such statement, along with the
merchandise, and after such examination, the Code Enforcement Officer
may refuse to issue a license to conduct such business if, in the
judgment of the Code Enforcement Officer, the public interest so requires.
[Amended 6-17-2014 by L.L. No. 37-2015]
No person shall conduct a transient retail business within the Town at any place other than that named in the statement filed in the office of the Code Enforcement Officer pursuant to § 208-8 herein.
[Amended 6-17-2014 by L.L. No. 37-2015]
In the event that any person fails to begin the conduct of the transient retail business at the place specified in the statement filed pursuant to § 208-8 within 90 days after the filing of such statement, such person shall not thereafter conduct any such retail transient business within the Town until a new license application, duly verified and containing the information set forth in said section, and a new security deposit have been filed with the Code Enforcement Officer and a new license has been issued.
[Amended 6-17-2014 by L.L. No. 37-2015]
The Code Enforcement Officer, any Town police
officer and any other officer of the Town designated by the Town Supervisor
or Town Board for such purpose shall have the power and authority
to enter any store or building in which a transient retail business
may be carried on at any time during business hours for the purpose
of ascertaining the amount of stock or merchandise therein or sales
made and shall at all times have access to the books of such business.
[Amended 6-17-2014 by L.L. No. 37-2015]
Every person conducting such transient retail
business shall, on Monday of each week, present to the Code Enforcement
Officer at his or her office a verified statement showing the total
sales made during the preceding week and the amount of stock of merchandise
in his possession for sale at the closing of business on the preceding
Saturday and shall pay on Monday of each week to the Code Enforcement
Officer the amount of tax as hereinbefore provided for sales made
during said previous week.
[Added 4-15-2003 by L.L.
No. 1-2003]
Any person who shall violate any provision of
this chapter shall be guilty of a misdemeanor and subject to a fine
of not more than $1,000 or imprisonment for a term of not more than
one year, or both.
