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(A) It shall be unlawful for a transient merchant to transact business in the county unless such transient merchant and the owners of any goods, wares, or merchandise to be offered for sale, or sold, have first secured a license as herein provided, and shall have complied with the other requirements of this chapter herein set forth.
(B) This section shall not apply to the selling of personal property at wholesale to dealers in such articles; to merchants or their employees in delivering goods in the regular course of business; to vendors of milk, bakery products, or groceries who distribute their products to regular customers on established routes; or to farmers or truck gardeners who vend, sell or dispose of, or offer to sell, vend, or dispose of the products of the farms or gardens occupied and cultivated by them. This section does not prohibit any sale required by statute or by order of any court, or prohibit any auction sales conducted pursuant to law.
(C) Further, this chapter does not apply to religious or charitable organizations with tax exempt status from both state and federal government, County Volunteer Fire Departments, public or private schools, local service clubs, all United Way Agencies, and other non-profit organizations. Further, the provisions of this chapter shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sale of goods, wares, or merchandise by sample for future delivery, or to sheriffs, or other public officers selling goods, wares, and merchandise according to law, nor to bona fide assignees or receivers appointed in this state selling goods, wares, and merchandise for the benefit of creditors.
(Prior Code, § 111.02) (Ord. 2008-05, passed 9-2-2008)
(A) Transient merchants desiring to transact business in the county shall file application for a license for the purpose with the office of the County Auditor.
(B) Where applicable, the application shall state the following facts:
(1) The name, residence, and post-office address of the person, firm, or corporation making the application, including the telephone number, license plate number of any vehicle to be used in such business, and operator’s driver license number; and, if a firm or corporation, the name and address of the members of the firm or officers of the corporation, as the case may be;
(2) If the applicant is a corporation, the application shall state the date of incorporation, the state of incorporation; and if the applicant is a corporation formed in a state other than the state, the date on which such corporation qualified to transact business as a foreign corporation in the state;
(3) A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact business; and, if for the purpose of transacting such business any permanent or mobile building, structure, or real estate is to be used for the exhibition by means of samples, catalogues, photographs, and price lists or sale of goods, wares, or merchandise, the location of such proposed place of business;
(4) A detailed inventory and description of such goods, wares, and merchandise to be offered for sale, or sold, the manner in which the same is to be advertised for sale, and the representations to be made in connection therewith, the names of the persons from whom the goods, wares, and merchandise so to be advertised or represented were obtained, the date of receipt of such goods, wares, and merchandise by the applicant for the license, the place from which the same were last taken, and any, and all, details necessary to locate and identify all goods, wares, and merchandise to be sold;
(5) Attached to the application shall be a receipt showing that personal property taxes on the goods, wares, and merchandise to be offered for sale, or sold, have been paid;
(6) (a) Attached to the application shall be a copy of a notice, which ten days before said application has been filed, shall have been mailed by registered mail by the applicant to the Department of State Revenue, or such other department as may be charged with the duty of collecting gross income taxes, or other taxes of a comparable nature, or which may be in lieu of such gross income taxes.
(b) The notice shall state the precise period of time and location from which said applicant intends to transact business, the approximate value of the goods, wares, and merchandise to be offered for sale, or sold, and such other information as the Department of State Revenue, or its successor, may request, or by regulation, require;
(7) Said application shall be verified;
(8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any county ordinance, other than a traffic violation, the nature of the offense, and the penalty imposed;
(9) The last cities, towns, or counties (not exceeding three) where the applicant carried on business immediately preceding date of application, and the addresses from which such business was conducted;
(10) The Social Security number or the business identification number of the applicant; and
(11) A declaration by the County Auditor that the applicant has complied with all prerequisites for issuance of the license.
(Prior Code, § 111.03) (Ord. 2008-05, passed 9-2-2008)
The applicant desiring to file an application with the County Auditor for a transient merchant license shall pay to the County Auditor a license fee of $100 for each six-month period in which the applicant proposes to transact business.
(Prior Code, § 111.04) (Ord. 2008-05, passed 9-2-2008)
Every license issued under this chapter shall expire six calendar months after the date issued. If the licensee wishes to continue his or her business after expiration of his or her license, a new license must be obtained.
(Prior Code, § 111.05) (Ord. 2008-05, passed 9-2-2008)
(A) (1) At the time of filing the application for transient merchant license, the applicant shall also file and deposit with the County Auditor a bond with sureties, to be approved by the County Auditor, in the penal sum of $750, or three times the value of the goods, wares, and merchandise to be offered for sale or sold, as shown by the inventory filed, whichever sum is greater, running to the county. The bond shall be forfeited and used for the benefit of:
(a) Any purchaser of goods, wares, or merchandise sold by the applicant, if the purchaser is awarded a judgment as a result of a cause of action against the applicant that was commenced within one year of, and that arose out of, the sale;
(b) The operating budget of the County Auditor, if the applicant is found by a court to have violated this chapter, although the amount forfeited under this section may not exceed one-third of the bond;
(c) The county, if the applicant fails to pay all taxes due from the applicant to the county; or
(d) A court in payment or partial payment of any fines that may be assessed by the court against the applicant, his, her, or its agents, or employees, for violation of this chapter.
(2) However, the aggregate liability of the surety for all taxes, fines, disbursements, and causes of action may not exceed the amount of such bond. There shall be no limitation of liability against the transient merchant or the applicant for the license.
(B) In such bond, the applicant and surety shall appoint the County Auditor, the agent of the applicant, and the surety for the service of process. In the event of such service of process, the agent on whom such service is made shall, within five days after the service, mail, by ordinary mail, a true copy of the process served upon him or her to each party for whom he or she has been served, addressed to the last known address of such party. Failure to mail the copy shall not, however, affect the court’s jurisdiction.
(C) The city or any person having a cause of action arising from, or out of, any sale or sales of goods, wares, or merchandise, or against the applicant, may join the applicant and the surety on such bond in the same action, or may sue either such applicant or the surety alone.
(Prior Code, § 111.06) (Ord. 2008-05, passed 9-2-2008)
Prior to the issuance of the license, the applicant shall furnish the County Auditor with two photographs of a size not smaller than two inches by one and one-half inches. One of the photographs shall be attached to the license certificate issued to the licensee and the other shall be retained in the office of the County Auditor.
(Prior Code, § 111.07) (Ord. 2008-05, passed 9-2-2008)
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