[Adopted 11-24-1931 by Ord. No. 739A (Ch.
317, Art. I, of the 2004 Code)]
[Amended 11-13-1973 by Ord. No. 2821]
A.
TRANSIENT MERCHANTS or ITINERANT VENDORS
As used in this
article, the following terms shall have the meaning indicated:
Include persons, corporations or partnerships, principal
or agent, who engage in a merchandising business in the Township of
Union with intent to close out or discontinue such business within
a period of 180 days from the date of commencement and including those
who, for the purpose of carrying on such business, hire or lease or
occupy any building, structure or railroad car for the exhibition
and sale of such goods, wares and merchandise; provided, however,
that nothing in this article shall be construed to affect the sale
of fruits, vegetables and farm products, such as meat, poultry, butter
and eggs.
B.
The determination
of whether or not an applicant for the license hereinafter mentioned
is a transient merchant or itinerant vendor shall be under the direction
of the Clerk of the Township, who may consider, in such determination,
the fact that an applicant presents a paid tax bill indicating that
he is a taxpayer in the Township.
No person shall engage in the business of a
transient merchant or itinerant vendor as defined in this article,
without first having obtained from the Clerk of the Township a license
as hereinafter set forth, and without first having paid the fee herein
named.
A.
Any applicant
for a license as such transient merchant or itinerant vendor shall
make application, in writing, to the Clerk of the Township, which
application shall set forth, under oath, the number of days the applicant
proposes to engage in such business, together with a specific statement
as to the location of such goods, wares, merchandise or bankrupt stock
by street and number and whether on the premises from which it is
to be sold or in warehouses or storage.
B.
Such application
shall also set forth, under oath, the name or names and residences
of the owners or persons in whose interest such business is conducted,
the average quantity and kind, as nearly as can be, and the value
of the stock of goods, wares, merchandise or bankrupt stock intended
to be sold or exposed for sale in the Township of Union, and also
set forth all the names and post office addresses of the persons or
corporations from which goods making up the stock were or are to be
purchased, and the Clerk of the Township, in arriving at the valuation,
may require the submission of bills or invoices of such goods, wares,
merchandise or bankrupt stock.
[Amended 11-13-1973 by Ord. No. 2821]
A.
The Clerk of the
Township is hereby designated as the licensing official of the Township
of Union, for the purposes of this article.
B.
Upon compliance
with the provisions of this article, affecting such licenses, and
upon the payment by the applicant to the Clerk of the Township of
the sum of $500, which sum is hereby designated as the fee for such
license, the Clerk of the Township shall issue to the applicant a
license as a transient merchant or itinerant vendor, and such license
shall be effectual in favor of the person to whom it is issued, for
the period of 180 days from the day of the commencement of said sale.
C.
A separate license
must be obtained for each branch, establishment or separate place
of business in which the trade, following, profession or occupation
of a transient merchant or itinerant vendor, as defined in this article,
is carried on, and for each such license, there shall be paid the
fee hereinabove mentioned, and each such license shall authorize the
person, corporation or partnership obtaining it to carry on, pursue
or conduct the business of a transient merchant or itinerant vendor
only at the location or place of business which is indicated thereby.
Before a license as herein provided shall issue,
the applicant shall execute and deliver to the licensing official
of the municipality a good and sufficient bond with good and sufficient
surety or sureties, to be approved by said licensing official, equal
in the amount to 25% of the value of the stock of goods, wares, merchandise
or bankrupt stock, as shown in the declarations and disclosures required
under the provisions of this article, but in no event shall the bond
be less than $1,000 in amount, and said bond shall remain in force
for one year and shall be conditioned to indemnify and pay said Township
any penalties or costs incurred in the enforcement of any of the provisions
of this article and shall also, by its terms, be conditioned to indemnify
or reimburse any purchaser of goods, wares, merchandise or bankrupt
stock in a sum equal to at least the amount of any payment or payments
such purchaser may have been induced to make through the misrepresentation
as to the kind, quality or value of such goods, wares, merchandise
or bankrupt stock, whether said misrepresentations were made by the
owners or their agents, servants or employees, either at the time
of making the sale or through any advertisement of any character whatsoever
printed or circulated with reference to said stock of goods, wares,
merchandise or bankrupt stock, or any part thereof.
Before a license as herein provided for shall
issue, the applicant shall also file with the Township Clerk an instrument
in writing nominating and appointing said Township Clerk his true
and lawful agent, with full power and authority to acknowledge service
or notice of process for and on behalf of said applicant in respect
to any matters connected with or arising out of said license, and
the bond provided for in this article or for the performance of the
conditions of said bond or for any branch thereof, which said instrument
in writing so nominating and appointing the Township Clerk as such
agent, shall contain recitals to the effect that the 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 applying for
said license under this article, according to the laws 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.
[Amended 11-13-1973 by Ord. No. 2821]
Nothing in this article contained shall apply
to or require the obtaining of a license by any charitable or religious
society that shall conduct sales of goods, wares, merchandise or bankrupt
stock, when the proceeds thereof shall be applied to the payment of
the expenses thereof and to the charitable or religious object for
which such charitable or religious society exists. Said charitable
or religious society conducting any such sale shall, within 30 days
from the termination thereof, file an accounting with the Township
Clerk showing the receipts and disbursements in connection with said
sale and the proceeds thereof that were retained by said charity.
[Amended 11-13-1973 by Ord. No. 2821; 10-28-1986 by Ord. No.
3879; 12-13-1988 by Ord. No. 3998; 10-26-2004 by Ord. No. 4842; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any transient merchant or itinerant vendor of
goods, wares, merchandise or bankrupt stock, as defined in this article,
who shall offer for sale or sell any goods, wares, merchandise or
bankrupt stock, without first paying to the licensing official of
the municipality the license fee as herein required, or who shall
fail to secure the license provided for herein, or who shall neglect
or refuse to file the statement provided for herein, or who shall
make a false or fraudulent representation therein or falsely represent
by advertising or otherwise that such goods, wares, merchandise or
bankrupt stock are in whole or in part damaged goods saved from fire,
or make any false statement as to the previous history or character
of such goods, wares, merchandise or bankrupt stock, or shall fail
to file the bond required under this article, or shall fail to nominate
said licensing official his agent upon whom service can be made for
the purpose mentioned herein, or shall refuse or neglect to comply
with the requirements of this article in any part, shall be subject
to one or more of the following: imprisonment in the county jail or
in any other place provided by the municipality for the detention
of prisoners for any term not exceeding 90 days or by a fine not exceeding
$2,000 or by a period of community service not exceeding 90 days,
to become effective on the effective date of this section.
