[R.O. 1997 § 615.010; Ord. No.
1895 § 2, 5-3-1983]
It shall be unlawful for any person, firm, or corporation to
engage in the business of transient dealer as hereinafter defined
without having first secured a license therefor and complied with
all of the terms and provisions of this Article.
[R.O. 1997 § 615.020; Ord. No.
1895 § 3, 5-3-1983]
A.
The words "transient dealers" for the purpose of this Section shall
mean and include all persons, both principals and agents, who engage
or conduct in this City either in one (1) locality or in traveling
from place to place, a temporary or transient business of selling
or soliciting orders for the sale of, goods, wares, or merchandise
to the general public with the intention of continuing in said business
in said City for a period of not more than sixty (60) days; and, said
definition shall also include all persons, both principals and agents,
who rent, lease, use or occupy, either in whole or in part, for the
purpose of carrying on such business, any room, building, area within
the City of Kennett or other public or privately owned building, lot
or parcel of land, any motor vehicle, including trucks, trailers,
and semitrailers for the exhibition and sale of such goods, wares
and merchandise, but the provisions of this Section shall not apply
to sales of food or agricultural produce; and the provisions of this
Section shall not apply to so-called "flea markets" and sales of novelties
otherwise licensed by the City of Kennett pursuant to ordinance and
where stock or anticipated sales are valued or anticipated at two
thousand dollars ($2,000.00) or less, or to sales made to dealers
by commercial travelers or selling agents in the usual course of business,
nor to bona fide sales of goods, wares, or merchandise for future
delivery in interstate commerce, where either no measurements or design
specifications are made or prepared in the City, or where no payment
or deposit is collected in the City as a condition for the placement
of orders, or where no license or license fee may be required or collected
under the provisions of the Constitution or laws of the United States,
nor to any sales of goods, wares, or merchandise located upon the
grounds of and during the continuance of any county fair held in the
City of Kennett, and specifically including all persons selling on
the fair grounds in Kennett, Missouri, during the Delta Fair, nor
any sales by societies or organizations acting for charities, religious
or public purposes.
B.
This Article shall apply to "peddlers" who shall be defined as any
person, firm or corporation who shall sell or offer for sale commodities
from house to house, store to store, or on the streets of this City
or in any public place, and delivery is to be made at the time of
sale; and the provisions hereof shall apply to "solicitors" who are
defined to be any person, firm, or corporation who shall take orders
for future deliveries, or for intangible purchases, or solicit subscriptions,
in public places or from house to house and in some established place
on private premises owned or leased by such solicitor. This Article
shall not apply to wholesalers who shall sell or offer to sell their
products or services to retail dealers located within the corporate
limits of Kennett, Missouri.
[R.O. 1997 § 615.030; Ord. No.
1895 § 4, 5-3-1983]
A.
Every such transient dealer shall furnish to the City Clerk a verified
license application setting out the following:
1.
Name and address of the applicant and also the name of the true
owner if the applicant is not such true owner of the goods, wares
or merchandise to be sold;
2.
Name, location, and time of the proposed sale or solicitation;
3.
Inventory of the goods, wares or merchandise, on hand and on
order, which the applicant intends to offer for sale at such sale.
The inventory shall show the quantity, kind or grade of each items,
the wholesale cost thereof, the price at which each item is proposed
to be sold, and the total wholesale and retail value of the inventory
based on the foregoing, and if sales are to be made other than from
inventory, a copy of the catalogue or other sales materials, and/or
a listing of the samples to be displayed;
4.
The Missouri sales tax number of said applicant, unless such
may not be required under the laws of the State of Missouri;
5.
Such other information as the City Clerk may prescribe in the
application;
6.
Address of any permanent place of business in the State of Missouri,
or, if there be no permanent place of business in the State of Missouri,
and said applicant is a corporation, a copy of a certificate of the
Secretary of the State of Missouri evidencing the fact that the dealer
has qualified to do business in the State of Missouri, and the name
and address of its agent for the service of process in the State.
[R.O. 1997 § 615.050; Ord. No.
1895 § 6, 5-3-1983]
Every applicant for a transient dealers license who shall be
a non-resident of the State of Missouri and who shall not have any
permanent place of business in the State of Missouri shall execute
and file with the City Clerk a good and sufficient surety bond in
an amount as determined by the City.
[R.O. 1997 § 615.080; Ord. No.
1895 § 9, 5-3-1983]
It shall be unlawful for any transient dealer to sell or exhibit for sale either at public or private sale any goods, wares or merchandise without first complying with the provisions of this Article, or to make any false statements in reference to the matter required in Section 615.030, or to fail or refuse to comply with the requirements of any of the provisions of this Article, and every person, whether principal or agent, who by circular, handbill, newspaper, poster, or in any manner advertises such sale as herein contemplated before proper license is issued to said transient dealer and before he/she has complied with the provisions of this Section, shall be guilty of a violation of this Section. Provided, further, that nothing in this Section contained shall be construed as abridging or denying the right and power of the Council of the City of Kennett to refuse or withhold the granting of any license or to revoke the same, if granted, to a transient dealer upon any hearing thereof when in the discretion of said Council on the basis of the disclosures as aforesaid, or from other information deemed by them sufficient, such action may be deemed necessary or proper to protect or safeguard the public from imposition, mischief or fraud.
[R.O. 1997 § 615.090; Ord. No.
1844 § 1, 9-1-1981]
The term "transient or itinerant photography or photographer"
shall mean a person, firm or corporation engaged in the business,
occupation or profession of portrait or commercial photography who
does not have in effect a current merchants' license for such endeavor
issued by the City of Kennett and who shall not maintain an established
and permanent location for such business, occupation or profession
within the corporate limits of said City.
[R.O. 1997 § 615.100; Ord. No.
1844 § 2, 9-1-1981]
Anyone engaged in the business, occupation or profession of
portrait or commercial photography shall obtain a merchant's license.
