As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
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.
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:
A. In the case of a corporation:
(1) Corporation name, date of incorporation, the state in
which incorporated and corporate address.
(2) Full name and residence address of each officer of the
corporation.
(3) The name of the article or articles to be sold.
(4) Place where the business is to be conducted.
(5) Dates and times during which said business is to be conducted.
(6) Affidavit and acknowledgment of the foregoing facts signed
by one officer of the corporation.
B. In the case of a partnership:
(1) The assumed business name by which the business will
be known, date of organization, and date of registration of name.
(2) The full name and residence address of each partner.
(3) The name of the article or articles to be sold.
(4) Place where the business is to be conducted.
(5) Dates and times during which said business is to be conducted.
(6) Affidavit and acknowledgment of the foregoing facts signed
by one of the partners.
C. In the case of an individual:
(1) The assumed business name by which the business will
be known and date of registration of the name.
(2) The full name and residence address of the individual.
(3) The name of the article or articles to be sold.
(4) Place where the business is to be conducted.
(5) Dates and times during which said business is to be conducted.
(6) Affidavit and acknowledgment of the foregoing facts signed
by the individual.
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.