As used in this chapter, the following terms shall have the
meanings indicated:
TRANSIENT MERCHANT
Any person who displays samples, models, goods, wares or
merchandise in any hotel or motel room, inn, rooming house, store,
club, storehouse, house or other place for the purpose of securing
retail sale of such goods, wares or merchandise and who does not own
said premises or is not the holder of a formal lease thereon; provided,
however, that this definition shall not include farmers or the holders
of booths in any fair, exposition or trade show or sales held in any
existing business where the purpose is to promote the existing business.
[Amended 6-2-1997 by Ord.
No. 349]
No person shall engage in business as a transient merchant in
Pocomoke City unless he or she has secured and holds a current license
as such issued upon application to the City Clerk. There shall be
a fee, in an amount as set forth in the Fees, Charges and Rates Schedule,
adopted by resolution of the City Council from time to time charged for the issuance of each and every license, and
each license shall be valid for a period of no longer than two days.
The City may waive the license fee for any sale that is organized
and operated by and for the sole benefit of any bona fide nonprofit
civic, religious or charitable organization.
The City Clerk shall prepare and have available application
forms for a transient merchant license, which shall require the following
information:
B. The name and complete address of the firm or firms he or she represents,
together with credentials establishing the relationship.
C. A brief description of the nature of the business and the kind of
goods or commodities he or she desires to sell.
D. The exact location where the applicant proposes to sell his or her
merchandise.
E. The proposed length of his or her occupancy.
The owner, proprietor or manager of any hotel, motel, inn, rooming
house or other place of public accommodation shall, prior to the exhibition
of the transient merchant's goods, wares, models or merchandise
therein, notify the transient merchant of his or her need for a license
and shall request said transient merchant to exhibit his or her license
prior to the solicitation of business on the rented premises. Upon
failure of the transient merchant to exhibit his or her license prior
to opening his or her exhibition and solicitation of business, the
owner, proprietor or manager of the premises shall immediately notify
the Pocomoke City police of the unlicensed exhibition and solicitation
of business by the transient merchant.
[Amended 6-2-1997 by Ord.
No. 349]
Any person violating the provisions of this chapter shall be
guilty of a municipal infraction and, upon conviction thereof, shall
be subject to a fine as set forth in the Fees, Charges and Rates Schedule,
adopted by resolution of the City Council from time to time. Every day that a violation of this chapter shall continue
shall constitute a separate and distinct offense.