[Code 1955, § 7-10.1; Ord. No. 687; Ord. No. 828; Ord. No. 1209, 3-18-1998]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Includes any person, firm, association, corporation, limited
liability company, partnership or two or more persons having a joint
or common interest.
Not only the official, designated days of the Tulip Time
festival each year, but also the three days immediately before the
commencement of the festival and the one day immediately after the
conclusion of the festival.
Any person engaging temporarily in the business of selling
goods, wares, merchandise or services from or at a fixed place of
business in the City during Tulip Time in any year. A person so engaged
shall not be relieved from complying with the provisions of this article
by temporarily associating with a local dealer, trader or merchant,
or by temporarily conducting business in connection with, as part
of, or in the name of a local dealer, trader or merchant.
[Code 1955, § 7-10.2; Ord. No. 428; Ord. No. 828; Ord. No. 1209, 3-18-1998; Ord. No. 1581, 3-7-2012]
(a)
A person shall not engage in business as a Tulip Time transient merchant in the City of Holland during Tulip Time of any year without having first obtained a Tulip Time transient merchant license for each location where business is to be conducted. A Tulip Time transient merchant license shall be obtained under the provisions of this article and Chapter 17. A person, being a Tulip Time transient merchant, shall not peddle or engage in business in any manner in which a license is required by Article I of this chapter, unless the person is also licensed in accordance with the requirements of that article.
(b)
The provisions of this section shall not apply to a person who has
a regularly established place of business within the City of Holland
and who is on the City tax rolls.
(c)
The provisions of this section shall not apply for any event organized,
coordinated, or administered by Holland Tulip Time Festival, Inc.,
d/b/a Tulip Time, for which such organization is responsible for contracting
with individual merchants involving the sale of nonfood items.
[Code 1955, § 7-10.4; Ord. No. 828; Ord. No. 1209, 3-18-1998]
Applications for a Tulip Time transient merchant license under the provisions of this article shall include, in addition to the information required by Chapter 17 and other information that the City Clerk may require, the following information:
(a)
The full name and mailing address of the applicant at the time of
the filing of the application.
(b)
The full name and mailing address of the business or organization,
if any, that will be engaged in business as a Tulip Time transient
merchant.
(c)
The period of time or the number of days during Tulip Time for which
the license is requested.
(d)
If the business of the applicant shall require the use of weighing
or measuring devices, then the application shall be accompanied by
a certificate from the sealer of weights and measures stating that
such devices have been examined and approved.
(e)
The full name of the owner of the property or the owner's agent and
the property address of the location where the Tulip Time transient
merchant shall conduct business.
(f)
The application shall also be accompanied with the written permission
of the owner or the owner's agent of the property where the Tulip
Time transient merchant's business is to be located.
[Code 1955, § 7-10.4; Ord. No. 828; Ord. No. 1069, 10-7-1992; Ord. No. 1209, 3-18-1998]
For each Tulip Time transient merchant license issued under
the provisions of this article, the licensee shall pay the fee as
established by a resolution adopted by City Council. A licensee who
sells goods, wares, merchandise or services for a religious organization,
educational institution or other nonprofit organization shall be exempt
from the payment of a Tulip Time transient merchant license fee.
[Code 1955, § 7-10.6; Ord. No. 687; Ord. No. 828; Ord. No. 1209, 3-18-1998]
Each Tulip Time transient merchant license issued under this
article shall be for all or a part of Tulip Time as requested in the
application for the license.
[Code 1955, § 7-10.5; Ord. No. 828; 7-21-2021 by Ord. No. 1798]
No licensee under the provisions of this article shall do or
perform any of the following things or acts:
(a)
Posting license. Fail to post the license issued under the terms
of this article in a conspicuous location at the place where his or
her business is conducted, where it shall remain in plain sight during
the entire time during which such business is carried on.
(b)
Zoning; public areas. Conduct his or her business in any zone district prohibited by Chapter 39 of this Code nor on any street right-of-way, including sidewalks, streets or curb areas.
(c)
Building entrance or exit. Place or operate his or her business in
the entrance or exit areas of any building so as to hinder ingress
or egress.
(d)
Compliance with Code, etc. Violate any provision of this Code or
any state or federal law relating to the business in which he or she
is engaged, or any regulation which is promulgated and operative under
any such law.
[Ord. No. 828]
The City Manager shall be the enforcing officer of this article
or any City employee or officer designated by him or her.
[Ord. No. 1209, 3-18-1998]
A person who violates a provision of this article is guilty of a misdemeanor punishable under Section 1-10 of this Code.
