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(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)
No license issued under this chapter shall in any manner be assignable or transferable, or authorize any other person than the licensee to sell or solicit, or authorize the sale of, or solicitation for, any other class of articles other than those specified in the application for license.
(Prior Code, § 111.08) (Ord. 2008-05, passed 9-2-2008)
Every licensee shall display his or her license on his or her person at all times while engaged in selling or soliciting, and shall, when so requested by a public officer or a private person with whom the registrant is, or is attempting to, conduct business, produce and show such person or officer the license.
(Prior Code, § 111.09) (Ord. 2008-05, passed 9-2-2008)
(A) Any person exempted by the state law from the payment of the license fees required by this chapter shall, before beginning such business, present the County Auditor his or her credentials showing that he or she is entitled to such exemption, and shall execute and file a bond as required. Upon approval of the bond by the County Auditor, he or she shall then receive a license.
(B) This chapter shall not apply to sales of farm products.
(Prior Code, § 111.10) (Ord. 2008-05, passed 9-2-2008)
Within ten days after a transient merchant license expires, the holder thereof shall file, in duplicate, with the County Auditor an inventory of all goods, wares, and merchandise sold, and the price received therefor, which inventory shall be verified by the person who filed the application for the license. The County Auditor shall, immediately after receiving such report and inventory, forward a copy thereof to the Department of State Revenue, or its successor.
(Prior Code, § 111.11) (Ord. 2008-05, passed 9-2-2008)
Any person who violates, or fails to comply with, any of the provisions of this chapter shall be fined as set forth, for each and every violation thereof, and the Board of County Commissioners and/or the County Sheriff may revoke such license issued under this chapter to any person for any violation, or failure to comply with its provisions.
(Prior Code, § 111.12) (Ord. 2008-05, passed 9-2-2008) Penalty, see § 10.99
A temporary association or partnership with a person excluded from the definition of transient merchant under § 115.01 does not relieve a transient merchant from complying with this chapter.
(Prior Code, § 111.14) (Ord. 2008-05, passed 9-2-2008)
A transient merchant who transacts business without having first obtained a license under this chapter, or knowingly advertises, offers for sale, or sells any goods, wares, or merchandise contrary to this chapter, commits a Class C infraction for each day a violation occurs.
(Prior Code, § 111.99) (Ord. 2008-05, passed 9-2-2008) Penalty, see § 10.99