As used in this chapter, the following terms shall have the meanings
indicated:
TRANSIENT MERCHANT
Any person, partnership or corporation who displays samples, models,
goods, wares or merchandise in any outdoors area or in any hotel or motel
room, rooming house, store, club, storehouse, house or other indoor place
for the purpose of securing orders or completing sales for the retail sale
of such goods, wares or merchandise and who does not own said premises or
is not the holder of a formal lease thereof for a term of not less than one
month and for a rental of not less than $250.
An applicant for a transient merchant's license shall provide the following
information:
A. Address of his place of residence.
B. The firm or firms he represents, together with copies
of documents establishing the firm's state or country, form of organization,
ownership and qualifications to do business in this state, and the exact relationship
between the firm and the transient merchant.
C. A brief description of the nature of the business and
the kind of goods or commodities he desires to sell.
D. The place where the applicant proposes to sell such merchandise.
The owner, proprietor or manager of any outdoor or indoor place shall
report to the Town Clerk, within six hours after renting the same, the name
of any person who has rented said outdoor or indoor space for the sale and
display of merchandise of a transient merchant, giving the location of the
room so rented.
Any person violating the provisions of this chapter shall be guilty
of disorderly conduct and shall be deemed a disorderly person and, upon conviction
thereof, shall be fined not more than $150 for each offense, and every day
that a violation of this chapter shall continue shall constitute a separate
and distinct offense.
This chapter is not intended to apply to:
A. The casual sale of food or fish products or vegetable
produce.
B. The casual sale of balloons and similar goods during
public parades and similar public activities.
C. The display of samples, models, goods, wares or merchandise
in any outdoors area or in any hotel or motel room, rooming houses, store,
club, storehouse, house or other indoor place or outdoor space for the purpose
of securing orders or completing sales for the retail sale of such goods,
wares or merchandise by a person, partnership or corporation, duly formed
or operating for not-for-profit, charitable purposes, the proceeds of which
retail sales are to be used for charitable purposes.