(a) No person, whether principal or agent, except a person selling a product of his own raising or an article manufactured by him, or desiring a permit under Chapter 753, shall open or conduct a temporary store or other places for the selling of wearing apparel or any other goods, wares or merchandise within the City, or offer any such article for sale until he has complied with the provisions of the statutes of the State relative to obtaining a State license as an itinerant vendor, and until he has exhibited such State license to the Director of Public Safety and procured from such Director a license to open such store or conduct such sale within an enclosed building other than a convention center, exhibition hall, auditorium or similar building. Itinerant vendors shall be prohibited from operating such store or conducting such sale in open yards.
(Ord. 7808-1993. Passed 5-4-93.)
(b) No person, corporation, partnership, joint venture, company or other entity shall rent, acquire or occupy exhibition space at a convention center, exhibit hall, auditorium or similar building, or on the grounds adjacent thereto, in the City for the purpose of selling products or services for a period of less than thirty days, until such person, corporation, partnership, joint venture, company or other entity has complied with the provisions of the statutes of the State relative to obtaining a State license as an itinerant vendor, if applicable, has exhibited such State license to the Director of Public Safety, if applicable, and has procured from such Director an itinerant merchant's license to sell products or services to the public at such location.
(Ord. 7893-1993. Passed 12-7-93.)
(c) Any person, corporation, partnership, joint venture, company or other entity who rents or otherwise acquires and occupies space as a participant in an exhibition, trade show, fair or similar type of exhibition in the City, who is a member of the sponsoring organization, and whose primary business or activity during such exhibition is substantially related to the business and/or purpose of the sponsoring organization, shall be exempt from the requirement of obtaining an itinerant vendor's or merchant's license, provided that such sponsoring organization has been issued an exhibition license pursuant to Chapter 718.
(d) The license fee for licenses issued pursuant to this section shall be as follows:
(1) Twenty-five dollars ($25.00) for each itinerant vendor's license issued pursuant to subsection (a) hereof.
(2) Twenty-five dollars ($25.00) for each itinerant merchant's license issued pursuant to subsection (b) hereof, unless the applicant for such license qualifies as a "flea-market merchant", as defined herein, in which case the license fee shall be ten dollars ($10.00).
(3) For the purposes of this section, "flea-market merchant" means any person, corporation, partnership, joint venture, company or other entity renting, acquiring or occupying exhibition space at a convention center, exhibition hall, auditorium or similar building, or on the grounds adjacent thereto for the purpose of showing, selling, demonstrating or advertising products or merchandise, if both of the following apply:
A. No single product or item of merchandise which is shown, sold, demonstrated or advertised has a fair market value in excess of two hundred fifty dollars ($250.00); and
B. At least seventy-five percent (75%) of all products or items of merchandise which are shown, sold, demonstrated or advertised are used or have been previously owned by an intended consumer.
(e) Any person, corporation, partnership, joint venture, company or other entity which rents out or otherwise lets exhibition space at a convention center, exhibition hall, auditorium or similar building shall, not later than fifteen days before the scheduled opening or start of the convention, show or other event for which such exhibition space has been rented out or otherwise let, complete and file with the Director of Public Safety an alphabetically arranged list of the names and addresses of all persons, corporations, partnerships, joint ventures, companies or other entities which have rented or otherwise acquired exhibition space for the subject convention, show or other events and, in addition, no later than two days before the scheduled opening or start of the convention, show or other event for which such exhibition space has been rented out or otherwise let, accomplish and complete all of the following:
(1) Issue applications for itinerant merchants' licenses on forms prescribed by the Director to all persons, corporations, partnerships, joint ventures, companies or other entities which rent or otherwise acquire exhibition space for the subject convention, show, or other event for which such exhibition space has been rented or otherwise acquired;
(2) Collect all completed itinerant merchants' license applications issued pursuant to subsection (e)(1) hereof together with the appropriate license fee for each such application; and
(3) Submit to the Director all completed itinerant merchant's license applications, all license fees collected, and a detailed, written explanation of the reasons for failing to obtain any completed license applications or failing to collect any license fees.
(f) In addition to any other penalties imposed by or pursuant to this chapter, any person, corporation, partnership, joint venture, company or other entity which rents out or otherwise lets exhibition space at a convention center, exhibition hall, auditorium or similar building, together with the principal executive officers and/or partners thereof, shall be personally and individually liable in a civil action at law for the amount of any itinerant merchants' license fees required to be collected and remitted by them to the Director pursuant to this section.
(Ord. 7808-1993. Passed 5-4-93.)