(A) License required. Every transient retail merchant desiring to do business in the city must, before commencing such business, obtain a city business license.
(B) License application. A transient retail merchant form may be obtained from the City Clerk and must include the following information:
(a) Name of applicant;
(b) Applicant’s place of permanent residence;
(c) Applicant’s local headquarters, if any;
(d) Date of arrival in the city;
(e) City or county from which last license, if any, was received;
(f) Whether the applicant is acting as principal, agent or employee;
(g) If acting as agent or employee, the name and place of business of the applicant’s principal or employer;
(h) If an agent, as part of application, principal’s or employer’s acknowledgment of such agency must accompany application;
(i) Brief descriptive list of articles to be offered for sale, or services to be performed;
(j) Whether payments or deposits of money are collected when orders are taken or in advance of final delivery;
(k) The number of persons engaged in the business; and
(l) The number of weeks for which the license is requested.
(C) License fee.
(1) Transient retail merchant license fees are in the amounts and classifications set forth by resolution of the City Council as the business license fee schedule and must be paid in advance to the City Clerk.
(2) Failure to obtain a transient retail merchant license prior to establishment of said transient retail business shall cause the license fee to double.
(D) Applicability of term transient retail merchant. The definition of transient retail merchant shall continue to apply until such person shall be continuously engaged at such particular place for a period of one year. After one year, a regular city business license must be obtained.
(E) License non-transferable. Such licenses shall be non-transferable and shall have printed on the face thereof in bold type the words not transferable.
(F) License posting. Every transient retail merchant doing business under the provisions of this chapter shall at all times keep the license conspicuously posted in the place of business or easily accessible for viewing, and any such transient retail merchant who fails to post and keep posted the license as provided in this section is guilty of a violation of this chapter.
(G) Interstate commerce. Nothing contained in this chapter is intended to operate so as to interfere with the power of the United States to regulate commerce between the states as such power is defined by the Supreme Court of the United States.
(H) License issuing. Upon proper application for a city transient retail merchant business license, the city shall issue a license containing the following information:
(1) The name of the person to whom the license is issued (the licensee);
(2) Licensee’s headquarters, if any;
(3) Date of licensee’s arrival in the city;
(4) The inclusive dates the license is in effect; and
(5) The nature of the licensee’s business.
(Prior Code, § 5.02.084) (Ord. 128, passed 9-8-2009)
Statutory reference:
Similar provisions, see MCA § 7-21-2406