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A. Defined: For the purposes of this section, a "temporary business" means the conduct of business which is conducted from a single designated site or premises without a permanent foundation or location from which goods, merchandise or services are sold on a temporary or seasonable basis, and includes a concert, fair, rally, bazaar or melon days festival. The license for a temporary business shall not exceed one hundred (100) consecutive calendar days per year at any location.
B. Permit Required: It is unlawful for any person to conduct, engage in, promote or carry on a temporary business within the city, without first making application for and obtaining a temporary business permit from the city.
C. Display: A temporary business permit granted pursuant to this section must be conspicuously displayed in or at the site or premises in which the temporary business is conducted and must be available for inspection.
D. Fee: The fee for engaging in, carrying on, or conducting a temporary business shall be twenty five dollars ($25.00).
E. Permit Application: An application for a temporary business license must be submitted ten (10) days prior to the commencement of the temporary business and must include the following:
1. Site plan delineating where the temporary business will be located and the parking area available for patrons or designation by the city of a location with respect to any special event such as melon days.
2. Written permission from the property owner where the temporary business will be located in a form acceptable to the city.
3. Acceptable evidence of a current sales tax permit, license or special event sales tax number issued by the state.
F. Expedited Permit Charge: The license official may (in his discretion) waive the ten (10) day requirement of subsection E of this section upon payment of an expedited license charge in the amount of ten dollars ($10.00).
G. Location: The temporary business permit shall specify the location at which the temporary business may be conducted, and no temporary business may be conducted at any other location.
H. Inspection Of Merchandise: The sheriff or city official may inspect all goods and merchandise to be sold pursuant to a temporary business permit.
I. Cleanup Bond Required: Any person applying for a temporary business permit shall file, along with his temporary business permit application, a cash or letter of credit in an amount equal to one hundred dollars ($100.00). Such bond shall cover the cost of disposing of all litter, garbage and sewage of the individuals attending, observing or performing at the temporary business permit location.
J. Compliance With Laws: Temporary license holders shall comply with all applicable laws and ordinances of the city and the state governing the operation of its business. (Ord. 05-20-03B, 5-20-2003)