The City Council finds that the itinerant or transient retail
merchant poses a special problem to the consumer of such merchant's
wares. Because of the transitory nature of this type of retailing,
the consumer is unable, in many instances, to satisfy a just claim
against the transient vendor for the sale of shoddy or misrepresented
merchandise. Since the consumer has no way of distinguishing a retail
merchant who will be amenable to process because of his relative permanency
from the transient retailer who is not to be found when the consumer
seeks redress, this chapter has been enacted for the protection of
the consumer.
As used in this chapter, the following terms shall have the
meanings indicated:
TRANSIENT BUSINESS
One conducted in a store, hotel, house, building, structure,
lot or vacant land for the sale at retail of goods, wares and merchandise,
excepting services, food products and Christmas trees, and which is
intended to be conducted for a temporary period of time. If the place
in which such business is conducted is rented or leased for a period
of six months or less, or if there be no written lease, or if the
lease gives the tenant an option to terminate his tenancy before the
expiration of a six-month period, such fact or facts shall be presumptive
evidence that the business carried on therein is a "transient business."
Every person desiring to conduct a transient retail business
in the City shall present to the City Clerk a verified petition or
application stating his name and permanent address, the place where
and the time during which such business is to be conducted, the name
and legal address of the person in immediate charge, the type of merchandise
to be dealt in and the value of the opening inventory.
Before any person shall commence the conduct of a transient
retail business as herein defined, such person shall obtain from the
City Clerk a permit for such business, which permit shall state the
place where such business is to be conducted, the type of merchandise
to be offered for sale and the period of time covered by the permit.
No license shall be issued for a period less than one month, and such
license may be renewable monthly for a maximum period of six months
within any one year.
Before such permit is issued, the applicant shall deposit with
the City Clerk the sum of $500 in cash, which shall be used as a fund
for the satisfaction of any judgments recovered by a purchaser against
the transient retailer as vendor, to be used as such only in the event
such judgment and execution thereon is returned fully or partly unsatisfied.
The said deposit of $500 or any portion thereof remaining shall be
turned over to the licensee six months after the licensee shall have
notified the Clerk in writing of the termination of its business,
provided that no vendee's summons, complaint or unsatisfied judgment
has been filed with the licensee or with the City Clerk.
No permit shall be issued hereunder unless the applicant transient retailer shall designate, by a duly notarized and acknowledged document, the City Clerk of the City of Mount Vernon as an agent of the retailer for the purpose only of receiving a summons or other process of a civil nature and for the purpose of paying, from the fund aforementioned in §
249-5, any judgment as therein specified. Upon receipt of a summons or complaint or other civil process, the City Clerk shall notify the licensee of the receipt of such by registered letter addressed to the licensee at the address listed by the licensee for such purpose.
The owner, lessor, lessee or agent of any building, warehouse,
yard, office, office space, store or show- or salesroom which shall
be rented to an itinerant retail merchant or transient retail vendor
shall report that fact to the City Clerk within 24 hours after such
renting, together with the name of such itinerant merchant or transient
vendor who shall rent or lease such space, giving the exact location
of such space as is rented or leased and the terms thereof.
The fee for a license granted under this chapter shall be $25
per month, which shall be paid to the City Clerk before any license
or renewal thereof shall be issued.
Any person violating any of the provisions of this chapter shall
be guilty of an offense and shall be fined a sum of not less than
$100 nor more than $200 for such violation and, in default of payment
thereof, shall be imprisoned for a period not to exceed 30 days. Any
violation which continues beyond a two-day period shall be deemed
a separate and distinct violation for each day it continues beyond
said period.
In the event any section, paragraph, sentence, clause or phrase
of this chapter shall be declared invalid for any reason, the remainder
of said chapter shall not be affected thereby and shall continue in
full force and effect.