(A) Applicants for licenses shall file during regular business hours a written application signed by the applicant, if an individual, by all partners if a partnership, and by a qualified corporate officer, if a corporation, with the licensing officer, showing:
(1) Name and address of person or persons having the management or supervision of the applicant’s business during the time that it is proposed to be carried on in the town; the location or address of such person or persons when engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act; the name and address of the person, firm, or corporation for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the same is incorporated;
(2) The place or places in the town within the proper zoning classification, where it is proposed to carry on the applicant’s business and the length of time during which it is proposed that the business be conducted;
(3) Place or places, other than permanent place of business of the applicant, within the six months next preceding the date of the application, where the applicant has conducted a transient business;
(4) The nature of the goods or products being sold, that is whether they are “seconds,” rejects, or first-line quality, and whether any warranty applies to the items being sold; if a warranty applies, the period of the warranty and the name and address of the warrantor and the procedures for filing for the adjustment of refund shall be specified;
(5) A statement that the applicant agrees to the requirement to pay all state and town sales taxes due on all items which are subject to sales taxes and recognizes that a copy of all applications will be provided to the local office of the State Tax Commission;
(6) Current state sales tax permit number;
(7) Current license or permit, if any, which may be required by state law or ordinances of the town for the particular activity or business;
(8) If a motor vehicle is to be used in the business, a description of the vehicle together with motor vehicle registration number and the license number for the vehicle, and:
(a) Proof of liability insurance required by state law; and
(b) Proof or verification from the insurance carrier that the Town Clerk/Treasurer will be provided at least ten days’ notice of any cancellation.
(9) Proof of I.R.C. § 501(3) tax status if claiming exemption from the license fees.
(B) Applicants for a blanket itinerant vendor license shall file during regular business hours a written application signed by the applicant, if an individual, by all partners, if a partnership, and by a corporation officer, if a corporation, with the license and permits clerk showing:
(1) Name and address of person or persons having the management or supervision of the building in which itinerant vendor shall conduct business;
(2) Name and address of the person or persons having the management or supervision of the applicant’s business during the time that is proposed to be carried on in the town; the location or address of such person or persons when engaged in such business; the permanent address or addresses of such person or persons; the capacity in which the person or persons will act; the name and address of the person, firm, or corporation for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the same is incorporated and licensed to operate in the state;
(3) A general description of the products or services that will be sold by the itinerant vendor;
(4) A statement that the applicant shall establish the following controls over itinerant vendors and shall maintain records concerning each itinerant vendor for one year after the engagement dates involving the itinerant vendors:
(a) The applicant shall determine the names and addresses of each salesperson involved locally for an itinerant vendor, and determine the names and permanent addresses of the parent company, if any, controlling the itinerant vendor;
(b) The applicant shall determine the nature of the merchandise or product to be sold, determine whether it is a “reject” line or seconds, determine whether there are warranties of the product, and how any complaint is to be filed for warranty adjustment. The applicant shall require that the vendor display a sign prominent enough to disclose to all potential customers that the product consists of seconds, rejects, or irregulars if such is the case;
(c) The applicant shall inform each vendor of the requirement to pay state and town sales taxes, and shall forward the name, product involved, and dates of the vendor’s engagement to the local office of the State Tax Commission. Further, the applicant will furnish the vendor with one copy of the state sales tax report form and require him or her to certify that he or she will submit a sales tax report at the conclusion of his or her engagement in the town;
(d) The applicant shall post proof of liability insurance policy in effect in the amount prescribed by the Town Board;
(e) The applicant shall provide copies of all ordinances, regulations, tax forms, and the like to the itinerant vendor, and provide the town with a statement signed by the vendor agreeing to comply with the same; and
(f) The applicant shall post a notice with the town 30 days in advance, listing each itinerant vendor establishing a business.
(Prior Code, § 9-204)