[Adopted 6-12-1956 by G.O. No. 20-1956; amended in its entirety 7-2-1991 by G.O. No. 15-1991]
[Amended 2-24-2015 by G.O. No. 4-2015]
As used in this article, the following terms shall have the meanings indicated:
TRANSIENT RETAIL BUSINESS
A. 
One conducted in a store, hotel, house, building, structure or open lot for the sale at 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 carried on therein is a transient business. If the store, hotel, house, building, structure or open lot on which the sale is being held is owned by the same person or persons who has arranged for or is conducting the sale, then the owner of said property must comply with the provisions of § 20-26 of this article to conduct any sale.
[Amended 1-26-2021 by Ord. No. 1-2021]
(1) 
If the place in which a business is conducted is rented or leased under a lease or rental agreement granting an option or options to either party thereto to cancel said agreement or lease within a period of six months or less following the inception of said lease or rental agreement, such fact shall be presumptive evidence that the business carried on therein is a transient business.
B. 
For the purpose of this definition, all qualified religious, charitable, educational, public interest and political organizations and their supportive committees, ad hoc or constituted, shall be exempt from this definition, but only as to fundraising or signature solicitation activities that are pursuant to their valid and qualified functions.
[Amended 2-24-2015 by G.O. No. 4-2015]
No person or corporation shall conduct such transient retail business within the City of Yonkers until a permit to conduct such business has been obtained from the Director and the sum of $250 is paid to the Commissioner of Finance to last for a period of two months from the date of issuance. The permit required under this section shall be prominently posted and displayed at the place at which the transient business is being conducted.
[1]
Editor's Note: Former §§ 20-26, Levy of tax; 20-27, Amount of tax; and 20-28, Statements of sales; verification, as amended, were repealed 1-26-2021 by Ord. No. 1-2021. This local law also provided for the renumbering of former §§ 20-29 through 20-32 as §§ 20-26 through 20-29, respectively.
No transient retail business shall be conducted until at least five days shall have elapsed after the filing in the office of the Director of 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:
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 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.
C. 
The exact location within said City where such transient retail business is to be conducted. The Director, prior to issuing the permit, shall verify with the Commissioner of the Department of Housing and Buildings that the conduct of business at that location is in compliance with applicable zoning laws and building laws. The Director, prior to issuing the permit, shall verify with the Fire Commissioner that the conduct of business at that location is in compliance with applicable fire prevention laws.
[Amended 7-18-1996 by L.L. No. 5-1996]
D. 
The date on which such person, firm or corporation intends to begin doing such business within said City.
[Amended 1-26-2021 by Ord. No. 1-2021]
In the event that such person, firm or corporation fails to begin the conduct of such business at the place specified in said statement within 90 days after the filing of the statement, such person, firm or corporation shall not thereafter conduct any such retail transient business within the City until five days shall have elapsed after the filing of a new statement duly verified and containing the information required by § 20-27. No person, firm, or corporation shall conduct such transient retail business within the City at any place other than that named in the statement filed in the office of the Director. Upon the filing of such statement, the Director shall make or cause to be made an investigation of the parties named in such statement, along with the merchandise; and after such examination, the Director may refuse to issue a permit to conduct such business if the public interest so requires.