A.
This article relating to transient merchants shall
not apply to sales in a private residence and shall not apply to door-to-door
sales.
B.
Nothing in this article relating to transient merchants
shall be held to apply to any activities sponsored by and held for
the benefit of any bona fide fraternal, charitable or religious organization.
The burden of entitlement to this exemption shall be upon the person
making an application for a permit under this article.
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 retail business.
It shall be unlawful for any person, corporation
or other entity to conduct or operate or permit to be conducted or
operated a transient retail business within the City of Oneonta without
first obtaining a license to do so from the City Clerk.
No person, corporation or other entity shall
conduct a transient retail business within the city until at least
five business days shall have elapsed after the filing in the office
of the City Clerk of an application verified by the person or persons
who are to conduct such business containing the following information:
A.
The full name and address of such persons.
B.
If a corporation makes the application, the state
under the laws of which said corporation is organized.
C.
The exact location of the principal office and place
of business of the applicant.
D.
The names and addresses of the officers of the business
entity making said application.
E.
The nature and location of the business engaged in
by the applicant during the five years immediately preceding the filing
of such statement.
F.
Satisfactory proof of and compliance with all New
York State and Otsego County sales tax regulations.
G.
The exact location within the City of Oneonta where
such transient retail business is to be conducted.
H.
The date or dates on which such persons, corporation
or other entity intends to conduct business within the city.
The fee for a transient merchant's license shall
be at a rate set by resolution from time to time by the Common Council
of the City of Oneonta for each thirty-day period.
A.
A licensed transient merchant shall:
(1)
When required by the City Attorney, and subject to
his approval, have in full force and effect a single limit liability
insurance policy in the amount of $100,000 naming the City of Oneonta
as additionally insured.
B.
Any person aggrieved by the action of any licensed
transient merchant shall have the right by action on the bond for
the recovery of money or damages or both.
