(A) Information required. A temporary merchant must submit to the license office, at least one working day prior to a sales event, the following information:
(1) Application;
(2) Location of the sales event;
(3) Dates of commencement and termination of the sales event; and
(4) Written permission by owner or business of property at the proposed location. The written permission must include the name of the person, the person’s title and contact information.
(B) License period. The license period for a temporary merchant shall be for a period not to exceed ten consecutive days in length and may not occur more than once each calendar quarter at the same location. Location for the purpose of this section shall mean the same parcel of land as described by a parcel’s address.
(C) Location. Temporary merchants must be located on a commercial or industrial business parking lot and not on or within the landscape area of said business site.
(D) Identity of merchants; hearing and determination.
(1) In case an applicant shall claim to be a permanent merchant and is required to take out a license upon the ground that the applicant is a temporary merchant, the Department shall so notify the applicant in writing; and in case the applicant shall deny in writing that they are a temporary merchant within the terms of its definition in § 116.001 of this chapter, or its successor, the Department shall submit to the City Administrator the denial of the applicant; whereupon the City Administrator shall notify such applicant in writing that on a day and at a time and place therein mentioned the City Administrator shall take up for hearing the question as to whether the applicant is or is not a temporary merchant, at which time and place the applicant may appear to be heard.
(2) At the time and place named in the notice, the City Administrator shall take up the matter and shall determine the question upon the facts presented, and shall enter an order according to the City Administrator’s judgment upon the facts so presented. If it shall be determined that the applicant is a temporary merchant, the applicant shall pay the license fee according to the fee resolution.
(E) Each sale without a license; separate offense. The sale of each article by a temporary merchant, a temporary merchant sponsor or a participant, without a license therefore, shall be a separate offence under and a separate violation of this subchapter.
(Prior Code, § 14.06.110) Penalty, see § 116.999