(A) Before the issuance of any permit, a surety and/or cash bond shall be filed by the applicant with the Clerk-Treasurer, payable to the city in the sum of $500 ensuring that should the holder not comply fully with all the provisions of this code, other ordinances of the city, and the statutes of the state regulating and concerning the sale of goods, wares, and merchandise and the business of a transient merchant, peddler, or solicitor, whichever shall be applicable and will pay all judgments rendered against the applicable, said surety shall pay all judgments rendered against the holder for any violation of the above ordinances, statutes, or regulations, together with any and all judgments, court costs, and attorney fees, that may be recovered by any person for damage growing out of any misrepresentations, deception, or violation of the aforementioned statutes, regulations, ordinances associated with the sale or the vendor’s product, or through advertisement of any character whatsoever printed, or through advertisement of any character whatsoever printed or circulated in reference to the goods, wares, and merchandise sold or any part thereof or service to be rendered by said vendor.
(B) Notwithstanding anything to the contrary contained herein, if a principal or employer has previously executed a bond on behalf of all of its agents or employees, then separate bonds need not be executed on behalf of each holder serving as an agent of a principal or as an employee of an employer.
(C) All bonds shall be executed by the holder and/or his or her principal or employer and an authorized representative of the surety or two responsible freeholders residing within the city (or in lieu thereof a cash bond of equal amount) conditioned as referenced above. In the event any holder elects to post a cash bond, the same shall be retained by the city for 90 days after the expiration of all permits issued under the bond in any calendar year.
(D) Action on the bond may be brought in the name of the city to the use or benefit of an aggrieved person. Any person aggrieved by a holder’s actions or inactions may petition the Board for recovery on the bond as appropriate.
(Ord. 2008-7, passed 3-12-2008; Ord. 2019-25, passed 5-13-2020)