Auctions and auctioneers — See Ch. 141.
Circuses and exhibitions — See Ch. 180.
Flea markets — See Ch. 249.
Ice cream and food vending — See Ch. 262.
Hawkers, peddlers and solicitors — See Ch. 280.
Licenses and business regulations — See Ch. 332.
Mercantile businesses — See Ch. 343.
Street photographers — See Ch. 401.
Zoning — See Ch. 577.
§ 537-2Term of licenses.
§ 537-3Bond to be executed and delivered.
§ 537-4Appointing agent for service of process.
§ 537-5License applicable to indicated location.
§ 537-6Exemptions from licensing requirement.
§ 537-7Failure to comply.
§ 537-8Violations and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
- MERCHANDISING BUSINESS (referred to in the following definition)
- Includes, but is not limited to, retail sales, wholesale sales and auction sales.
- TRANSIENT MERCHANT or ITINERANT VENDOR
- Persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business in the City with intent to close out or discontinue such business within one year from the date of commencement, including those who, for the purpose of carrying on such business, hire, lease or occupy any building, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, but nothing in this chapter shall be construed to affect the sale of fruit, vegetables and farm products, such as meat, poultry or eggs.
Each license under this chapter shall continue in favor of the person to whom it is issued for the period of 180 days from the day of issuance.
Before a license shall issue hereunder, the applicant shall execute and deliver to the Division of Inspections a good and sufficient bond with good and sufficient surety, to be approved by the City Attorney, equal in amount to 25% of the value of the personal property shown in the declarations and disclosures required under the provisions of this chapter. In no event shall the bond be less than $1,000. It shall remain in force for one year. It shall be conditioned to indemnify and pay the municipality any penalties or costs incurred in the enforcement of any of the provisions of this chapter, and to indemnify or reimburse any purchaser of such personal property in a sum to at least the amount of any payment such purchaser may have been induced to make through any misrepresentations as to the kind, quality or value of the personal property, whether the misrepresentations were made by the owners or their servants, agents or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property or any part thereof.
Before a license shall issue hereunder, the applicant shall file with the Division of Inspections an instrument, in writing, nominating and appointing the Division of Inspections his true and lawful agent, with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matter connected with or arising out of the license and the bond given as required by this chapter or for the performance of the conditions of bond or for any breach thereof. Said instrument shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon such agent and, when so made, shall be as valid as if personally served upon the applicant according to the laws of this or any other state, and waiving all claim or right or error by reason of such acknowledgment of service or manner of service.
Each license hereunder shall authorize the licensee to carry on, pursue or conduct the business of a transient merchant or itinerant vendor only at the location indicated thereby.
Nothing in this chapter shall be construed to require the obtaining of a license by any charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists.
Nothing in this chapter shall be construed to require the obtaining of a license by any art, antique or historical society that conducts an exhibition and sale of art objects, pictures, paintings, prints, historical articles and furniture generally known and designated as antiques and kindred objects.
Nothing in this chapter shall be construed to require the obtaining of a license by any agricultural show, fair or garden society selling or closing out certain of their exhibits, if such society was an incorporated association, not for pecuniary profit, of this state prior to March 26, 1935, or incorporated subsequent thereto; such society shall have a bona fide membership of at least 100 persons.
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.