In addition to the above provisions or, if contradictory to any above provisions, in replacement of those contradictory provisions, itinerant merchants shall abide by the following.
(A) Application. Upon application for a license as an itinerant merchant, the applicant shall file a written sworn application with the Clerk signed by the applicant if an individual, by all partners if a partnership and by the president if a corporation.
(B) Bond. Before any license shall be issued for engaging in a transient or itinerant business in the village, the applicant shall file with the Clerk a bond in favor of the village in the sum as set by the Board of Trustees from time to time, executed by the applicant as principal and two sureties upon which service of process may be made in the state. The bond shall be approved by the Village Attorney, both as to form and as to the responsibility of the sureties, and shall be conditioned upon the applicant’s full compliance with all of the provisions of this code and the statutes of the state regulating and concerning the sale of goods, wares and merchandise. The bond shall provide payment for all judgments rendered against the applicant for any violation of the provisions or statutes, or any of them, together with all judgments and costs that may be recovered against the applicant by any person for damage arising out of any misrepresentation or deception practiced on any person transacting business with the applicant, whether the misrepresentations or deceptions were made or practiced by the owners or by their servants, 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 sold. Action on the bond may be brought in the name of the village to the use of the aggrieved person.
(C) Service of process. Before any license shall be issued for engaging in the business of an itinerant merchant, the applicant shall file with the Clerk an instrument nominating and appointing the Clerk, or the person performing the duties of the Clerk, his or her true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of the applicant with respect to any matters connected with or arising out of the business transacted under the license and bond under this section or for the performance of the conditions of the bond or for any breach of the bond. This instrument shall also contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon the agent, and when made upon the agent, shall be held to be valid as if personally served upon the applicant, according to the law of this or any other state. The applicant shall waive all claim or right of error by reason of the acknowledgment of service or manner of service. Immediately upon service of process upon the Clerk as provided above, the Clerk shall send by registered mail a copy of the process to the licensee at his or her last known address.
(D) Exhibition of license.
(1) The license issued under this section shall be posted conspicuously in the named place of business.
(2) In the event the person or persons applying for the license shall desire to do business in more than one place within the village, separate licenses may be issued for each place of business and shall be conspicuously posted in each place.
(E) Fees. Licensees under this section shall pay a fee of 1% of the gross amount of sales conducted by the licensee. Each licensee shall, on the first business day of each week, and upon discontinuance of business in the village, present to the Clerk a verified statement showing the total sales made during the preceding week and shall pay to the Clerk the license fee for sales made during the previous week. A police officer shall have power and authority to enter any store, building or any other place in which a temporary business may be conducted, at any time during business hours, to ascertain the amount of sales made and shall, at all times, have access to the books of the business.
(F) Transfer. No license shall be transferred without written consent of the President, as evidenced by an endorsement on the face of the license by the Clerk showing to whom the license is transferred and the date of the transfer.
(G) Expiration of license. All licenses issued under the provisions of this chapter shall expire 90 days after the date of issue, unless another expiration date appears on the license.
(Ord. 17-10-01, passed - -2017)