[Ord. No. 988, 9-9-2014]
It shall be unlawful for any merchant or vendor to engage in
such business for a farmers market, flea market, fair, carnival, circus,
or any other similar activity within the City without first obtaining
a license therefore in compliance with the provisions of this article.[1]
[Ord. No. 988, 9-9-2014]
(a)
FARMERS MARKET - Means an indoor or outdoor event for merchants or
vendors who sell local agricultural products or crafts directly from
the farmer to the consumer.
(b)
FLEA MARKET OR SWAP MEET - Means an indoor or outdoor event for a
group of merchants or vendors organized and managed by the owner of
the property or flea market association, who conducts the display,
trade, and sale of used products or merchandise.
(c)
MERCHANT OR VENDOR - Means a person, firm, or corporation, whether
as owner agent, consignee or employee who is registered to conduct
business in the State of North Dakota.
[Ord. No. 988, 9-9-2014]
Applicants for license under this article, whether a person,
firm or corporation, shall file a written sworn application signed
by the applicant, if an individual, by all partners if a partnership,
and by the president if a corporation, with the City Auditor showing:
(a)
The name or names of the person or persons having the management
or supervision of applicant's business during the time that it
is proposed that it will be carried on in the City; the local address
or addresses of such person or persons while engaged in such business;
the permanent address or addresses of such person or persons; the
capacity in which such person or persons will act (that is, whether
as proprietor, agent or otherwise); the name and address of the person,
firm or corporation for whose account the business will be carried
on, if any; and if a corporation, under the laws of what state the
same is incorporated;
(b)
The fingerprints of the person or persons having the management or
supervision of applicant's business or in lieu thereof, at least
three letters of recommendation from reliable property owners in the
County of Williams, State of North Dakota, certifying as to the applicant's
good character and business responsibility, or other evidence which
establishes to the satisfaction of the president of the Board of City
Commissioners the good character and business responsibility of such
person or persons;
(c)
The place or places in the City where it is proposed to carry on
applicant's business, and the length of time during which it
is proposed that said business shall be conducted;
(d)
The place or places, other than the permanent place of business of
the applicant where applicant within the six months next preceding
the date of said application conducted a transient business, stating
the nature thereof and giving the post office and street address of
any building or office in which such business was conducted;
(e)
A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale by applicant in the
City, the invoice value and quality of such goods, wares and merchandise,
whether the same are proposed to be sold from stock in possession
or from stock in possession and by sample; at auction, by direct sale
or by direct sale and by taking orders for future delivery; where
the goods or property proposed to be sold are manufactured or produced
and where such goods or products are located at the time said application
is filed.
(f)
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers, and, if
required by the City Auditor, copies of all said advertising whether
by handbills, circular, newspaper advertising, or otherwise, shall
be attached to said application as exhibits thereto;
(g)
Whether or not the person or persons having the management or supervision
of the applicant's business have been convicted of a crime, misdemeanor
or the violation of any municipal ordinance, the nature of such offense
and the punishment assessed therefor;
(h)
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative; and
(i)
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of applicant's
business or the method or plan of doing such business as the City
Auditor may deem proper to fulfill the purpose of this article in
the protection of the public good.
[Ord. No. 988, 9-9-2014]
Upon receipt of such application, the City Auditor shall cause
such investigation of such person's or persons' business
responsibility or moral character to be made as he deems necessary
to the protection of the public good. During the application process
the City Auditor may request the Williston Police Department conduct
a records check on the applicant or any potential employees of the
applicant. If, as a result of such investigation, the applicant's
character and business responsibility are found to be unsatisfactory,
the application shall be denied. If, as a result of the investigation,
the character and business reputation appear to be satisfactory, the
City Auditor shall so certify in writing, and a license shall be issued
by the City Auditor. The City Auditor shall keep a full record in
his office of all licenses issued. Such license shall contain the
number of the license, the date the same is issued, the nature of
the business authorized to be carried on, the amount of the license
fee paid, the expiration date of said license, the place where said
business may be carried on under said license, and the name or names
of the person or persons authorized to carry on the same.
[Ord. No. 988, 9-9-2014]
Before any license, as provided by this article, shall be issued for engaging as a merchant or vendor for a farmers market, flea market, fair, carnival, circus, or any other similar activity, as defined in Section 18-17 of this article in the City, such applicant shall file with the City Auditor a bond running to the City of Williston in the sum established by resolution and adopted by the city commission, executed by the applicant, as principal, and two sureties upon which service of process may be made in the State of North Dakota; said bond to be approved by the City Attorney, conditioned that the said applicant shall comply fully with all of the provisions of the ordinances of the City of Williston and the statutes of the State of North Dakota, regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against said applicant for any violation of said ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether said misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Action on the bond may be brought in the name of the City to the use of the aggrieved person. Such bond must be approved by the City Attorney, both as to form, and as to the responsibility of the sureties thereon.
A single bond covering multiple merchants or vendors, all representing
the same person, event, firm or corporation shall be acceptable.
[Ord. No. 988, 9-9-2014]
Before any license as herein provided shall be issued for engaging in business as an itinerant merchant, as herein defined, in the City such applicant shall file with the City Auditor an instrument nominating and appointing the City Auditor, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license and the bond given as required by Section 18-20 of this article, or for the performance of the conditions of said bond or for any breach thereof, which said instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the said license under this article, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the City Auditor, as herein provided, the City Auditor shall send to the licensee at his last known address, by registered mail, a copy of said process.
[Ord. No. 988, 9-9-2014]
The license issued under this article shall be posted conspicuously
in the place of business named therein. In the event that such person
or persons applying for said license shall desire to do business in
more than one place within the city, separate licenses may be issued
for each place of business, and shall be posted conspicuously in each
place of business.
[Ord. No. 988, 9-9-2014]
The fee for a license under this article shall be set by resolution
and adopted by the City Commission.
[Ord. No. 988, 9-9-2014]
No license shall be transferred without written consent from
the president of the Board of City Commissioners as evidenced by an
endorsement on the face of the license by the City Auditor showing
to whom the license is transferred and the date of the transfer.
[Ord. No. 988, 9-9-2014]
No licensee under this article nor anyone in his behalf shall
shout, make an outcry, blow a horn, ring a bell or use any other sound
device including any loud speaking radio or amplifying system upon
any of the streets, alleys, parks or other public places of the city
or upon any private premises in the city where sound of sufficient
volume is emitted or produced therefrom capable of being plainly heard
upon the streets, avenues, alleys or parks or other public places,
for the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
[Ord. No. 988, 9-9-2014]
It shall be the duty of the Police Officers of the City to examine
all places of business and persons in their respective territories
subject to the provisions of this article, to determine if this article
has been complied with and to enforce the provisions of this article
against any person found to be violating the same.
[Ord. No. 988, 9-9-2014]
The City Auditor shall deposit the record of fingerprints of
licensee, together with a license number, with the Chief of Police;
the Chief of Police shall report to the City Auditor any complaints
against any person licensed under the provisions of this article and
any conviction for violation of this article; the City Auditor shall
keep a record of all such licenses and of such complaints and violations.
[Ord. No. 988, 9-9-2014]
(a)
The permits and licenses issued pursuant to this article may be revoked
by the President of the Board of City Commissioners of the City, after
notice and hearing, for any of the following causes:
(1)
Any fraud, misrepresentation or false statement contained in
the application for license;
(2)
Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise;
(3)
Any violation of this article;
(4)
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude; or
(5)
Conducting the business licensed under this article in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
(b)
Notice of hearing for revocation of a license shall be given in writing,
setting forth specifically the grounds of the complaint and the time
and place of the hearing. Such notice shall be mailed, postage prepaid,
to the licensee, at his last known address, at least five days prior
to the date set for the hearing.
[Ord. No. 988, 9-9-2014]
Any person aggrieved by the decision of the City Auditor in regard to the denial of application for license as provided for in Section 18-19 of this article or in connection with the revocation of a license as provided for in Section 18-28 of this article, shall have the right to appeal to the Board of City Commissioners. Such appeal shall be taken by filing with the Board of City Commissioners within 14 days after notice of the decision by the City Auditor has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The Board of City Commissioners shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 18-28 of this article for notice of hearing on revocation. The order of the Board of City Commissioners on such appeal shall be final.
[Ord. No. 988, 9-9-2014]
The date or dates allowing the merchant or vendor to conduct
activities within the City, shall be clearly shown on the license
issued by the City Auditor. Licenses shall be valid for the date or
dates so authorized and shall not exceed 42 days within a calendar
year.
[Ord. No. 988, 9-9-2014]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine as provided by Section 1-11 of this Code.
[Ord. No. 988, 9-9-2014]
This article shall not cover "rummage sales" and "garage sales"
held in the home of the vendor.
[Ord. No. 988, 9-9-2014]
(a)
A merchant or vendor selling merchandise only in a farmers market, flea markets, fairs, carnivals, circuses, or similar activities regulated by City or County governments, fair associations, convention bureaus, or other political subdivisions, is exempt from the requirements of sections 18-16, 18-18, and 18-20.
(b)
Sellers of agricultural products who are bona fide residents of Williams
County, North Dakota.
