(A) Required. No transient merchant, itinerant merchant, or itinerant vendor shall engage in, do, or transact any business, as such, in the city without having first obtained a license as provided in this subchapter.
(Prior Code, § 120.122)
(B) Application. A written application for the license shall be filed not less than five days before the license is desired in compliance with the general licensing provisions of this code. In addition to the information required under the general licensing provisions of this code, the applicant shall furnish the following information:
(1) The fingerprints of the persons having the management or supervision of the applicant’s business;
(2) The place other than the permanent place of business of the applicant where the applicant, within six months next preceding the date of the application, conducted a transient business, stating the nature of and giving the post office and street address of any building or office in which the business was conducted;
(3) A statement of the nature, character, and quality of the goods, wares, or merchandise to be sold or offered for sale by the applicant in the city; the invoice value and quality of the goods, wares, and merchandise; whether the same are proposed to be sold for stock in possession or from stock in possession and by sample, at auction, by direct sale or by direct sale and by taking orders for future delivery, where the goods or property proposed to be sold are manufactured or produced and where the goods or products are located at the time the application is filed;
(4) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers;
(5) The complete criminal record, if any, of the person having the management or supervision of the applicant’s business; and
(6) Other relevant information.
(Prior Code, § 120.123)
(C) Bond.
(1) An application for a license under this subchapter shall be accompanied by a bond payable to the city in the penal sum of an amount as set by the city from time to time, executed by the applicant as principal and by an acceptable surety company or by two freeholders resident in the county or, in lieu thereof, a cash bond of equal amount conditioned that the applicant shall fully comply with the provisions of law and this subchapter and will pay all judgments rendered against the applicant for any violation thereof, together with all judgments and costs that may be recovered against him or her by any person for damage growing out of any misrepresentation or deception practiced on any person transacting the business with the applicant, whether the misrepresentations or deceptions were made or practiced by the owners or their agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares, and merchandise. Action on the bond may be brought in the name of the city to the use of the aggrieved person.
(2) In the event a cash bond is deposited, the bond shall be retained by the city for six months from the date of the license.
(Prior Code, § 120.124)
(D) Service of process. Before any license shall be issued under this subchapter, the applicant shall file with the City Controller an instrument nominating and appointing the Controller his or her true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the business transacted under the license and the bond given as provided in division (C) above or for the performance of the conditions of the bond or for any breach thereof, which instrument shall also contain recitals to the effect that the applicant for a license under this subchapter consents and agrees that service of any notice or process may be made upon the agent and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this subchapter, according to the law of this or any other state and waiving all claim or right of error by reason of any acknowledgment of service or manner of service. Immediately upon service of process upon the City Controller as herein provided, the City Controller shall send to the licensee, at his or her last known address; by registered mail a copy of the process.
(Prior Code, § 120.125)
(E) Issuance; fees; duration; renewals.
(1) Upon the filing of an application and bond under this subchapter, to the approval of the City Controller, and instrument for service of process, a license shall be issued to the applicant upon payment of the following fees: an amount as set by the city from time to time per day for the first ten days or any part thereof; and after the first ten days, a license fee of an amount as set by the city from time to time per day.
(2) No license shall be issued for a shorter period than six days or for a longer period than one month.
(3) All license fees must be paid in advance and, if any licensee desires to continue in business after expiration of the license, a new license must be obtained in the same manner and upon the same terms as the original license.
(Prior Code, § 120.126)
(F) Transferability. No license or certificate issued under this subchapter shall be transferable; nor shall any person other than the one named in the license be permitted to use the same; nor shall any license protect any person from incurring the penalties prescribed by this code.
(Prior Code, § 120.127)
(G) Display. No person to whom a license or certificate has been issued under the provisions of this subchapter shall refuse, upon request made, to show any license or certificate to any police officer of the city or to any person to whom he or she shall offer to sell any goods, wares, or merchandise.
(Prior Code, § 120.128)
Penalty, see § 116.999