[Code 1964, § 8-209(a) through (e); amended in
its entirety 12-15-2010 by Ord. No. 231]
As used in this article, the following terms shall have the
meanings indicated:
Any person who buys goods, such as gold, silver, precious
stones or metals, or who displays samples, models, goods, wares or
merchandise in any hotel or motel room, rooming house, store, club,
storehouse, house or other indoor place for the purpose of securing
orders for the retail sale of the goods, wares or merchandise and
who does not own the premises or is not the holder of a formal lease
of the premises for a term of not less than one month and for a rental
of not less than $250. "Transient merchant" does not include a group
or individual producing to the City Clerk and Corporation Counsel's
office adequate proof establishing that the group or individual is
a not-for-profit corporation having a certificate of incorporation
filed with the Secretary of State.
The owner, proprietor or manager of any hotel, motel, rooming
house or other place of public accommodation shall, within six hours
after renting, report to the City Clerk the name of any person who
has rented a room or other space for the sale and display of merchandise
of a transient merchant, giving the location of the room or place
so rented.
(a)
Required; fee. No person shall engage in business as a transient
merchant unless the person has first obtained a license to do so from
the City Clerk. The fee for a transient merchant's license shall be
at the rate of $500 for each thirty-day period or portion of the period.
(b)
Application. An applicant for a transient merchant's license
shall provide the following information:
(1)
Address of the applicant's place of residence.
(2)
The firm the applicant represents, together with copies of documents
establishing the firm's state or country, form of organization, ownership
and qualifications to do business in this state and the exact relationship
between the firm and the transient merchant.
(3)
A brief description of the nature of the business and the kind
of goods or commodities the applicant represents and desires to sell.
(4)
The hotel, room or other place where the applicant proposes
to sell the merchandise.
(5)
If the business is buying precious metals (gold and silver)
proof of weights and measures scale certification by Oneida County.
(c)
Display. The license obtained by the merchant from the City
Clerk must be at all times prominently displayed in a location visible
to the public in the premises used by the merchant in conducting the
business.
(d)
Use of license number and date of issuance in advertisements.
Every person to whom a license has been granted pursuant to this section,
while exercising the license, shall place the license number and date
of issuance in all advertisements placed in newspapers and shall provide
that the number and date of issuance be announced in the course of
all radio and television commercials placed during the period of time
the license is in operation and effect.
(a)
Before a license required under the provisions of this article
is issued by the City Clerk, the applicant will be required to post
a surety bond in an amount of not less than $500 for each transaction
made and for $25,000 protection in the aggregate for transactions
occurring in a license period of 30 days or a portion of the period.
Any extension of a license period will require the same bonding before
the license is issued. The bond shall be approved as to form and sufficiency
by the Corporation Counsel before the license is issued.
(b)
The condition of the bond shall be that the transient merchant
will pay all state and local taxes applicable to the transactions
entered into in the City, that the transient merchant will well and
truly perform any and all contracts or sales orders made within the
City and, more particularly, that if the merchant takes orders for
merchandise to be delivered at a future date and accepts payment in
part or in full for the merchandise, the merchant will deliver the
merchandise in a satisfactory condition within a period of four months
from the date of the contract. A copy of the contract or sales order
with full particulars is to be delivered to the purchaser at the time
of sale.
(c)
There shall be no forfeiture in respect to the four-month limitation
where there is proof that nondelivery was due to strikes or other
extraordinary events beyond the control of the merchant; however,
in that event, the merchant, upon demand, shall promptly return in
full the purchaser's deposit and, if the merchant fails to do so,
the surety will be required to make restitution under the bond.
