[HISTORY: Adopted by the City Council of the City of Auburn 3-28-1991 by L.L. No. 2-1991 as Ch. 15, Art. VII of the 1991 Code; amended 8-21-1997 by Ord. No. 22-1997. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any individual, partnership or corporation seeking to conduct a transient retail business and his or its agents, servants and/or employees.
- TRANSIENT RETAIL BUSINESS
- A person, whether a resident of the City or not, who engages in a temporary or transient business for the sale of, at retail or wholesale, goods, wares or merchandise, except food products, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, lot, tent, public room in a hotel, lodging house, apartment or shop on any street, alley or other place within the City for the exhibition and sale of such goods, wares and merchandise, which is intended to be conducted for a temporary period of time and not permanently.
If the place in which a business is conducted is rented or leased for a period of six months or less, such fact shall be presumptive evidence that the business carried on therein is a transient business.
Required. Before any person shall commence the conduct of a transient retail business, as herein defined, in the City, such person shall obtain from the City Manager a permit for such business, which permit shall state the place where such business is to be conducted and the period of time covered by the permit.
Extensions. The time in such permit may be extended by the City Manager from time to time.
Permit fee. The permit fee shall be $75 plus $15 per day for each day of operation.
Each person desiring to conduct a transient retail business in the City shall present to the City Manager an application on a form approved by the City Manager which shall include, but not be limited to, the following information:
In the case of a corporation:
Corporation name, date of incorporation, the state in which incorporated and corporate address.
Full name and residence address of each officer of the corporation.
Affidavit and acknowledgment of the foregoing facts signed by one officer of the corporation.
In the case of a partnership:
The assumed business name by which the business will be known, date of organization, and date of registration of name.
The full name and residence address of each partner.
Affidavit and acknowledgment of the foregoing facts signed by one of the partners.
In the case of an individual:
The assumed business name by which the business will be known and date of registration of the name.
The full name and residence address of the individual.
Affidavit and acknowledgment of the foregoing facts signed by the individual.
Amount; terms; conditions. Before any permit hereunder is issued, the person applying shall file with the City Clerk an approved surety bond in an amount of not less than $1,000 to be executed by a bonding company authorized to do business in the State of New York, which bond shall be conditioned as follows:
The person applying shall fully comply with all the provisions of the ordinances of the City of Auburn and the statutes of the State of New York respecting the business of the person applying.
The bond shall provide for payment of all judgments and costs rendered against the person applying for any violation of said ordinances and statutes.
All money paid down as a down payment will be accounted for and applied according to the representation of the person applying, his agents, servants or employees and further guarantee to any purchaser doing business with said person applying that the property purchased will be delivered according to the representation of the person applying.
Approval. Such bond shall be approved by the Corporation Counsel as to form and execution and by the City Manager as to its sufficiency.
Deposit in lieu of bond. In lieu of any such surety bond, the applicant may make a cash deposit with the City Manager in an amount to be fixed by the City Manager, which deposit shall be deemed to be surety to the same extent as such surety bond.
All transient merchants shall display in a conspicuous place at the location of the transient retail business the permit issued pursuant to this chapter and readable and shall have it readily available for inspection by the Fire Department and/or Police Department.
Any person who fails to comply with the requirements of this chapter or any part thereof, or makes a false or fraudulent representation on any application required to be filed by this chapter, or falsely represents by advertising otherwise that such property is in whole or in part damaged goods, or makes any false statements as to the previous history or character of such personal property, shall, upon conviction thereof, be punished as provided in Chapter 1, § 1-18 of this Municipal Code.