The words, "transient merchant," used in this chapter,
mean and include any person or persons, firm or corporation either
principal or agent, employer or employee, who engages in a temporary
business in the city of Sunnyvale by selling or offering for sale,
goods, wares, merchandise, or things or articles of value, for a period
of not more than one hundred ninety days, and who, for the purpose
of carrying on such business, hires, leases or occupies any room,
building, structure or stand on any real property, or on or adjoining
any street or public place in the city. The person, firm or corporation
so engaged shall not be relieved from the provisions of this chapter
by reason of associating temporarily with any local dealer, trader,
merchant or auctioneer, or by reason of conducting such temporary
business in connection with or as a part of any local business, or
in the name of any local dealer, trader, merchant or auctioneer.
(Prior code § 4-5.01)
Every person, firm or corporation, before commencing to engage
in or set up any business or occupation in the city of Sunnyvale for
the purpose of selling or offering for sale any goods, wares, merchandise
or things or articles of value in any room, building, structure or
stand on real property, or on or adjoining any street or public place,
hired, leased or occupied by him or it, shall deposit with the city
clerk cash in the sum of three hundred dollars or a bond executed
by the bound principal and any reliable surety company in favor of
the city of Sunnyvale in the sum of three hundred dollars, and inuring
to the benefit of the city of Sunnyvale.
Such bond shall be conditioned that if such business or occupation
shall actually be conducted during a continuous period of not less
than one hundred ninety days, the bond shall be null and void, and
shall provide that in the event such business or occupation is not
actually conducted during all of said period, then the principal and
sureties on such bond shall be liable thereon to the city of Sunnyvale
in the sum of five dollars for every day or fraction thereof such
business or occupation has been conducted. Such bond also shall provide
that it shall not be exonerated or discharged for a period of ten
days from and after the expiration of one hundred ninety days from
the execution thereof, unless proof be made to the city clerk that
all the conditions of the bond have been complied with. Such bond
shall be filed with the city clerk, and shall be approved by the city
clerk and by the city attorney before any person, firm or corporation
shall be permitted to commence to engage in or set up any business
or occupation for the purpose of selling or offering for sale any
goods, wares, merchandise, or things or articles of value in the city
of Sunnyvale.
Providing, however, that any merchant making application for
a license to do business in the city of Sunnyvale who accompanies
his application for such license with a bona fide lease covering the
location specified in the application for license, the terms of which
shall be for one year or more, with the first and last month's
rent paid in advance, shall be exempt from the provisions of this
section relative to bonds, or deposit.
The provisions of this section shall not apply to commercial
travelers or selling agents selling their goods to dealers for the
purpose of resale, whether selling for present or future deliveries
by sample, or otherwise, not to persons selling fruit, vegetables,
butter, eggs or other farm or ranch products raised or produced by
themselves, nor to benefits or events given or conducted by an established
fraternal order, church, school, service club or the fire department
of the city of Sunnyvale.
(Prior code § 4-5.02)
