§ 343-2.1Mercantile with prepacked food.
§ 343-3Operation of coin-controlled amusement
§ 343-4Fencing open lots.
§ 343-5Stacking materials in fenced areas.
§ 343-7Failure to comply.
§ 343-8Violations and penalties.
In the purposes of this chapter, the following definitions shall apply:
- The carrying on or exercising for gain or profit within the City any trade, business or vocation or making sales to persons within the City or any manufacturing, commercial or financial activity, service or business, including but not limited to manufacturers, brokers, wholesale dealers or wholesale vendors, retail dealers or retail vendors, warehousing, motor vehicle rentals, motor vehicle freight terminals and motor vehicle storage truck haulers.
- Any person who sells or trades goods, wares and merchandise of his growth production or making or construction.
- PLACE OF BUSINESS
- Each place or location wherein the taxpayer conducts or carries on business, as defined in this section.
- RETAIL DEALER or RETAIL VENDOR
- Any person, partnership, joint venture, corporation or business entity who is deemed to be a merchant and who buys articles in groups or merchandise in large quantities and sells the same by single articles or in small quantities.
- RETAIL STORE
- Any person, partnership, joint venture, corporation or business entity who maintains a place of business for the purchase of articles in groups or merchandise in large quantities and sells the same by single articles or in small quantities.
- WHOLESALE DEALER or WHOLESALE VENDOR
- Any person who sells to dealers and/or vendors of goods, wares and merchandise.
The provisions of this chapter shall not apply to any business or person licensed under the provisions of any other chapter of this Code for purposes which might otherwise be covered in this chapter.
There shall be created a separate license category designated "mercantile with prepacked food."
No licensee, as defined in this chapter, shall operate or cause to be operated any type of coin-controlled amusement devices, as defined in § 135-14, between the hours of 1:00 a.m. and 8:00 a.m. This prohibition shall apply to licensees, attendants and patrons.
Any open lot used in conjunction with the licensed business for storage of any type or any related use shall have said lot fenced in by a fence at least seven feet high and so constructed as will keep within its bounds the contents of such lot or open space.
The fence shall be of uniform, noncombustible construction to prevent a view of the interior of such lot or open space.
Cyclone fence is prohibited, except such cyclone fence existing prior to January 1, 1977, and satisfying the attachment of a uniform material satisfying the prohibiting of a view of the interior.
Under no circumstances shall any of the contents in fenced areas be piled or stacked to a height in excess of the height of the fence, unless such pile or stack shall be set back from the closest portion of such fence, a distance equal to the height of such pile or stack.
Any or all premises, lots or open space licensed under this chapter shall be kept in a safe and clean condition complying with all sanitary requirements of any statute or ordinance and free from noxious odors, vermin, insects and rats and in a sanitary condition which would not endanger the health and safety of the general public.
It shall be unlawful for any person, as defined in § 332-1, to engage in the activity identified and regulated by this chapter, without first having obtained a license therefor and paid the fee required for such license, both as provided in Chapter 332, Licenses and Business Regulations. Any person engaging in such activity who shall fail to comply with any provision of this chapter or of Chapter 332 shall be in violation of the provisions of this chapter.
Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-16A.
A separate offense shall be deemed committed on each and every day for each and every violation of this chapter.
A separate offense shall be deemed committed on each day during or on which a violation or violations occur or continue.