[Ord. 32-1990, 91 § 1, passed 10-8-1990]
Includes individuals, partnerships, corporations and limited
partnerships.
Includes any person conducting or proposing to conduct a
retail or wholesale business in the City who shall not have resided
in the City for a period of one year immediately preceding the commencement
of such business, including business or sales conducted by an auctioneer,
and whose business may extend over a period of less than one year.
[Ord. 12-1980, 81 § 1, passed 2-25-1980]
Every person, whether principal or agent, entering into, beginning
or desiring to begin a transient retail business in the City for the
selling and/or trading of any goods, wares or merchandise whatsoever,
and who hires, leases, occupies or uses any room, apartment, store,
shop, building, railway car or other place or structure for the exhibition
and sale of such goods, wares and merchandise, shall first take out
a license as hereinafter provided. However, nothing herein contained
shall apply to farmers selling their own produce, or to any sales
of goods, wares or merchandise donated by the owners thereof, the
proceeds whereof are to be applied to any charitable or philanthropic
purpose.
[Ord. 12-1980, 81 § 1, passed 2-25-1980]
Any person proposing to engage in business as hereinbefore provided
shall:
(a)
File with the City Clerk, at least 10 days before the time for opening
for business, an application for a license in which shall be stated
under oath the location, nature and character of the proposed business,
the representations which are to be made and advertising concerning
it, the length of time for which the license is desired, and information
concerning the applicant's business character and prior business
experience;
(b)
Pay to the City Treasurer an advance payment of $200 license fee
for the first month, which, in the event of a disapproval of the application,
shall be repaid to the applicant; and
(c)
File a bond in the sum of $2,500 with surety or sureties approved
by the City Solicitor, such bond to be conditioned for a faithful
compliance with the laws and ordinances of the State and the City,
and the prompt payment of a monthly license fee as hereinafter provided.
[Ord. 12-1980, 81 § 1, passed 2-25-1980]
Every transient merchant license herein provided shall be revocable
by the City Clerk.
[Ord. 12-1980, 81 § 1, passed 2-25-1980]
The license fees shall be payable in advance on the first day
of each month, the sum of $200 for each and every month during the
continuance of such license, partial months to be considered whole
months.
[Ord. 12-1980, 81 § 1, passed 2-25-1980]
The provisions of this article shall not apply to sales:
(a)
Under authority and by order of the law;
(b)
Sponsored by local charitable or nonprofit organizations;
(c)
By commercial sales agents to dealers in the usual course of business;
(d)
To bona fide branch stores or locations lawfully operated by retail
merchants already having another place of business in the City, or
at temporary locations by such merchants whose permanent place of
business has been destroyed or rendered untenantable.
[Ord. 12-1980, 81 § 1, passed 2-25-1980]
Upon receipt of the application by the City Clerk, and payment
of the required license fee, a copy of the application shall be referred
to the Chief of Police, who shall cause such investigation of the
applicant's business and moral character to be made as he deems
necessary for the protection of the public good. If, as a result of
such investigation, the applicant's character or business responsibility
is found to be unsatisfactory, the Chief shall endorse on such application
his disapproval and the reasons for same, and return such application
to the City Clerk. The City Clerk shall then notify the applicant
that his application is disapproved and that no license shall be issued,
and shall refund the license fee.
If, as a result of the investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief shall endorse on the application his approval and return the
application to the City Clerk, who shall issue the license.
[Ord. 12-1980, 81 § 1, passed 2-25-1980]
Whoever violates any of the provisions of this article shall
be fined not less than $200 nor more than $300 and/or be imprisoned
for not more than 90 days.
