[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.
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.
A.
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.
B.
Extensions. The time in such permit may be extended by
the City Manager from time to time.
C.
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:
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.
A.
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:
(1)
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.
(2)
The bond shall provide for payment of all judgments and
costs rendered against the person applying for any violation of said ordinances
and statutes.
(3)
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.
B.
Approval. Such bond shall be approved by the Corporation
Counsel as to form and execution and by the City Manager as to its sufficiency.
C.
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.
