Hereafter no person, firm, partnership or corporation shall
engage in the business of owning, operating, maintaining or conducting,
nor shall anyone permit the ownership, operation, maintenance or conduct
of, any so-called auction market, auction mart or any type of multiconcession
markets within the limits of the Town of Belvidere without first obtaining
a license therefor.
This chapter shall apply to all such business establishments
whether carried on within any building or structure or in the open
and regardless of the type or character of the merchandise offered
for sale therein.
Any business holding itself out to the public as an auction
of any type, whether the entire business is conducted by means of
such auction or only occasionally or isolated parts of said business
are conducted by means of auctions, shall be considered as coming
within the purview of this chapter.
The term "multiconcession" as used in this chapter shall be
construed to apply to and embrace any type of business where one or
more separate concessions are owned, operated, maintained or conducted
in conjunction with the owner or proprietor of the said mart or market
by whatever name the same may be called.
Applications for licenses hereunder shall be made by letter
or on forms directly to the governing body, setting forth full and
complete data on all phases of the business which is proposed to be
conducted and the person, firms, partnerships or corporations interested
therein and the building, structures, land and other facilities available
therefor.
When issued, the licenses shall be of two general characters
as follows:
A. Class A license covering the owner, operator or proprietor of the
market as a whole. In the event there is only one person, firm, partnership
or corporation involved in the operation of said market or it is alleged
that all holders of concessions therein are on an equal basis, then
the single person, firm, partnership or corporation operating said
market or the first concession licensed thereunder shall require a
Class A license, the fee for which shall be $500 per annum, payable
at the time the license is granted.
B. Class B license. Each individual concession, in addition to the first
concession or the primary owner's or operator's concession, shall
be charged a license fee of $250 per annum for each such concession,
payable in cash at the time the license is issued.
Said licenses, when issued, shall be properly displayed at the
place of business at all times and shall not be assigned or transferable
without formal action of the governing body.
[Amended 8-3-1987 by Ord. No. 87-11]
Any person, firm, partnership or corporation owning, operating,
maintaining or conducting, or permitting or suffering the ownership,
operation, maintenance or conduct of, any such auction market, auction
mart or multiconcession market without having obtained a license therefor
or otherwise in violation of the provisions of this chapter, shall
be subject, upon conviction thereof, to a fine or penalty not exceeding
the sum of $500 or imprisonment in the county jail for a period not
exceeding 90 days, or both, within the discretion of the Judge.
Each and every day that any violation of this chapter shall
be continued shall be construed and be deemed and taken to be a separate
and distinct offense subjecting the violator to the fines, penalties
and imprisonment herein provided for.
Nothing herein contained shall be construed to prohibit or require
a license for auction sales conducted by any judicial officer, executor,
administrator, trustee or any bona fide licensed auctioneer employed
by any judicial officer, executor, administrator or trustee for the
purpose of liquidating either the real or personal property of an
estate, nor shall any provision herein be construed to prohibit or
require a license for any department store or supermarket owned by
one individual, person, firm, partnership or corporation or for any
commissary operated by any industry as a service or convenience to
its employees.