[Adopted 10-5-1978 by Ord. No. 2335 as §§ 10-1
to 10-9 of the 1978 Revised General Ordinances]
A.
No person shall engage in a merchandising business within the City
with the intent to close out or discontinue such business within a
period of one year from the date of commencement thereof, whether
such business be conducted in any building, structure or stationary
vehicle or trailer, without first obtaining a license therefor, in
the manner provided in this article.
B.
Nothing in this article shall be deemed to apply to the sale of goods,
wares and merchandise conducted by any charitable or religious society
when the proceeds thereof are applied to the payment of the expenses
thereof or to the charitable or religious object for which such charitable
or religious society exists.
A.
An application for a license shall be in writing, shall be signed
and sworn to by the applicant or his duly authorized agent, and shall
be filed with the City Clerk.
B.
The application shall contain:
(1)
The name and residence of each person who owns or has a proprietary
interest in the said business;
(2)
A description of the goods, wares and merchandise, hereinafter referred
to in this article as the stock-in-trade, to be sold or exposed for
sale, together with the value thereof; and
(3)
The name and post office address of each of the persons from whom
the stock-in-trade has been or will be purchased.
Upon the filing of the application, the City Clerk shall investigate
or cause to be investigated the facts and statements contained in
the application and determine the value of the stock-in-trade described
therein. Such investigation shall include the power to demand of the
applicant all invoices and contracts for the sale of the stock-in-trade
described in the application.
A.
The applicant shall file with the City Clerk a surety bond with good
and sufficient sureties to be approved by the City Clerk and City
Solicitor in an amount equal to 25% of the value of the stock-in-trade
described in the application; provided, however, that no such bond
shall be in an amount less than $1,000.
B.
The bond shall be for a period of one year and shall be conditioned
to indemnify and pay the City any penalties or costs incurred in the
enforcement of any of the provisions of this article. It shall also
be conditioned to indemnify or reimburse any purchaser of the stock-in-trade
in a sum equal to the amount of any payment such purchaser may have
been induced to make through any misrepresentation as to kind, quality
or value of such stock-in-trade made by anyone in any way connected
with or employed in the conduct of said business.
The applicant shall file an instrument in writing nominating
and appointing the City Clerk his true and lawful agent with full
power and authority to acknowledge service of notice or process for
and on behalf of said applicant in respect to any matters connected
with or arising out of said license and the bond given as aforesaid.
The fee for such license shall be as provided for in Chapter 191, Fee Schedule, which shall be payable to the City Clerk before the license is issued.
Upon fulfillment of the conditions set forth above, the City
Clerk shall issue a license to said applicant to engage in and conduct
such merchandising business at the location specified in the application,
upon full payment of the requisite license fee. The license shall
issue for a period of 180 days commencing from the date of issuance
and shall not be assignable or transferable.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
