(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“TEMPORARY OR TRANSIENT BUSINESS.” Any business conducted for the sale or offer for sale of goods, wares or merchandise which is carried on in any building, structure, motor vehicle or real estate in one locality for a period of less than 90 days in each year.
“TRANSIENT MERCHANT.” All persons who engage in or conduct a temporary or transient business at a fixed location in the city for selling goods, wares, and merchandise, who uses any building, structure, vehicle, or any place within the city other than an established flea market, with the intention of continuing in that business in the City for a period of not more than 90 days within a 12-month period.
(B) Permit required.
(1) No person shall engage in business or trade as a transient merchant without having first obtained transient merchant permit from the city.
(2) The transient merchant permit shall be valid for 90 days beginning the day of issuance of the permit and expiring 90 days thereafter.
(3) The permit shall not be transferable and shall be valid only within the territorial limits of the city.
(4) The permit issued shall be valid for only one person, unless such person shall be a member of a partnership or employee of a firm or corporation obtaining such permit.
(5) The permit shall at all times be conspicuously displayed at any place that the transient merchant is transacting business.
(C) Exclusions. This chapter does not apply to the following:
(1) Temporary sales other than sales or displays by motor vehicle dealers) at another location by businesses with a permanent location within the city;
(2) Temporary sales or displays by state licensed used motor vehicle dealers and recreational vehicle dealers who are also licensed to do business in the city; or
(3) Temporary sales or displays by state licensed new motor vehicle dealers within the dealer’s market area which is a radius of ten miles around permanent location of the new car dealership.
(D) Application for permit and permit fee.
(1) Transient merchants must submit an application for transient merchant permit and occupational license fee 30 days prior to effective date and the City Clerk will inform the City Commissioners of all such requests at the Commissioners meetings. The application for a permit shall include but not be limited to the following information:
(a) The name and permanent address of the transient merchant making the application, and if the applicant is a firm or corporation, the name and address of the members of the firm or the officers of the corporation;
(b) If the applicant is a corporation, there shall be stated on the application form the date of incorporation, the state of incorporation, and if the applicant is a corporation formed in a state other than Kentucky, the date on which such corporation qualified to transact business as a foreign corporation in this state;
(c) A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business and the location of the proposed place of business;
(d) An estimate of the aggregate market value of any goods, wares or merchandise to be offered for sale during the permit period;
(e) A statement that the applicant has acquired all other required city, county and state permits and licenses;
(f) The applicant’s sales and use tax permit number or temporary vendor’s registration number, and the Social Security numbers, of all salesmen employed by the applicant, or representing the applicant, in the transaction of business in the Commonwealth of Kentucky;
(g) The name and permanent address of the transient merchant’s registered agent or office;
(h) A statement that the applicant consents to venue of Perry County for any claim arising out of the applicants conduct of business in the city; and
(i) The fee for obtaining a permit is twice the current amount of a regular business license of a brick and mortar.
(E) Denial of application and appeal.
(1) The absence of any of the information requested for the application for the permit shall result in the denial of the permit by the City Clerk.
(2) If the City Clerk refuses to issue the permit, the applicant may apply to the Perry County District Court for a hearing. The City Clerk shall notify the City Attorney who shall appear in opposition to the issuance of the permit.
(F) Revocation of permit. The City Manager, or his/her designee, shall have the authority to immediately revoke a permit upon application of the standards for issuance as set forth in herein. The revocation of the permit will cause an immediate cease and desist regarding any activity of the transient merchant or business within city limits. The revocation of the permit will not result in a refund of any monies paid to the city and does not relieve the transient merchant or business of responsibility for payment of any monies owed to the city.
(Ord. passed 6-20-16; Am. Ord. 2021-07, passed 10-29-20)
Penalty, see § 114.99