§ 149-18. Definitions.
As used in
this article, 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.
§ 149-19. License
required.
A. No
person shall engage in business as a transient merchant unless he shall first
have obtained a license to do so from the Village Clerk. The fee for a
transient merchant's license shall be as set from time to time by resolution of
the Board of Trustees. The license issued by the Village Clerk to the transient
merchant must be at all times prominently displayed in a location visible to
the public in or about the premises used by the transient merchant in
conducting his business.
B. Every
person to whom a license has been granted hereunder, while exercising his
license, shall place the license number and date of issuance in all
advertisements placed in newspapers and provide that the number and date of
issuance shall be announced in the course of all radio and television
commercials placed during such period of time the license is in operation and
effect.
§ 149-20. Application
for license.
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.
§ 149-21. Bonding.
A. Before
such license is issued by the Village Clerk, the applicant will be required to
post a surety bond in an amount of not less than $500 for each transaction made
and bonded for and for $25,000 protection in the aggregate for transactions
occurring in a license period of 30 days or a portion thereof. Any extension of
a license period will require the same bonding before said license is extended
and said bond shall be approved as to form and sufficiency by the Village
Attorney before such license is issued or extended.
B. The
condition of such bond shall be that said transient merchant will pay all state
and local taxes applicable to his transactions entered into in this
municipality; that he will well and truly perform any and all contracts or
sales orders for merchandise to be delivered at a future date and accepts
payment in part or in full therefor, within a period of four months from the
date of said contract, a copy of which contract or sales order with full
particulars to be delivered to the purchaser at the time of sale.
C. There
shall be no forfeiture in respect to the four months' limitation where there is
proof that nondelivery was due to strikes or other extraordinary events beyond
the control of said transient merchant; however, in such event, the transient
merchant upon demand shall promptly return in full the purchaser's deposit; and
if he fails to do so, the surety will be required to make restitution under
said bond.
§ 149-22. Report by
hotel keeper.
The owner,
proprietor or manager of any outdoor or indoor place shall report, within six
hours after renting the same, to the Village Clerk 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.
§ 149-23. Penalties for
offenses.
Any person
violating the provisions of this section shall, upon conviction thereof, be
fined not more than $250 for each offense, and every day that a violation of
this section shall continue shall constitute a separate and distinct offense.
§ 149-24.
Applicability.
This article
is not intended to apply to:
A. The
casual sale of food or fish products or vegetable product; or
B. The
display of 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 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.
