(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“FLEA MARKET.” Any commercial or private property including both open air markets and enclosed structures which has been subdivided into a series of shops, stalls, booths, tables, lots or measured floor space for the specific purpose of providing rental space for vendors of wares, crafts or items made by hand, foodstuffs, second-hand articles or miscellaneous goods on a short-term basis.
“FLEA MARKET VENDOR.” Any person, whether as owner, agent, or consignee, who for a period not exceeding 120 total days per year, whether continuous or interrupted, engages in a temporary business of selling goods within the city and who in furtherance of such business uses a flea market within the city.
(B) License required.
(1) Any person or business who is a flea market vendor shall obtain a flea market license before opening or working a booth at any flea market within the city.
(2) Flea market owners must obtain a business license prior to opening or operating a flea market.
(3) Flea market owners must obtain all applicable city, county, state and federal licenses and permits in order to operate a flea market within the city.
(4) Flea market owners and flea market vendors must file and pay all applicable city, county, state and federal taxes, including the city occupational license tax.
(5) No license issued under this chapter shall be transferable.
(C) License application.
(1) Flea market owners shall be responsible, within the City, to issue licenses and to impose and collect from each flea market vendor the license fee required by this chapter.
(2) Flea market owners who are authorized to issue licenses are also responsible to collect from each flea market vendor occupational license fees.
(3) Flea market owners pay to the city of all occupational license tax revenues collected from the flea market vendors.
(4) Tax revenues shall be paid to the city, by the flea market owner, quarterly on January 1, April 1, July 1 and October 1 of each year for all flea market vendors who engage in business at the flea market within the preceding quarter.
(5) The flea market owner shall maintain accurate records of the licenses issued and tax revenues collected, and the records pertaining thereto shall be open to inspection and audit by city personnel at all times.
(D) License fee.
(1) Any flea market vendor shall pay to the city a license fee before they are permitted to open or operate at the flea market.
(2) Flea market vendors shall pay a flea market license fee in the amount of $10 per license.
(3) In addition to the flea market license fee, the flea market vendor must pay occupational license fees per the vendor’s revenue. The flea market license fee of $10 is the minimum occupational license fee a flea market vendor shall pay, therefore the minimum occupational license fee as stated in Chapter 115 as $50 is not applicable to the flea market vendor.
(4) Flea market vendors shall use the calculation method in Chapter 115 to determine the amount of occupational license fee to pay quarterly. The vendor is to pay the amount calculated quarterly to the flea market owner who shall transfer the exact amount to the city.
(5) All city flea market vendor licenses shall expire 90 days after the date of issuance.
(6) No refund shall be made to the flea market owner or flea market vendor if the license tax liability shall be an amount less than the minimum tax liability imposed by this section.
(7) The minimum tax shall not be subject to proration as otherwise provided in this chapter and shall apply in full without exception whether the flea market owner or flea market vendor engages in the business for a full period of his or her license or any portion thereof.
(E) Application procedure.
(1) Applicants for flea market vendors license shall be accepted by flea market owners who are authorized to issue such licenses pursuant to this chapter. The application shall be signed by the applicant if an individual, or by all partners of a partnership, or by the president if a corporation. The applicant may be required to provide information concerning the following items:
(a) The name and address of an applicant;
(b) The name of the individual having management authority or supervision of the applicant’s business during the time that it is proposed to be carried on in the city;
(c) The local address of such individual;
(d) The permanent address of such individual;
(e) The capacity in which such individual will act;
(f) The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;
(g) The time period or periods during which it is proposed to carry on applicant’s business;
(h) The nature, character, and quality of the goods or services to be offered for sale or delivered.
(F) Standards for issuance.
(1) Upon receipt of an application, an investigation of the applicant’s business reputation and moral character shall be made.
(2) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant’s business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant:
(a) Has been convicted of a crime of moral turpitude;
(b) Has made willful misstatements in the application; or
(c) Has committed prior violations of ordinances;
(d) Has committed prior fraudulent acts; or
(e) Has a record of continual breaches of solicited contracts;
(f) Has an unsatisfactory moral character.
(G) Revocation procedure.
(1) Any license granted under this chapter may be revoked by the City Clerk after notice and hearing, pursuant to the standards in this chapter. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his last known address, at least ten days prior to the date set for the hearing.
(2) A license granted under this chapter may be revoked for any of the following reasons:
(a) Any fraud or misrepresentation contained in the license application;
(b) Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license;
(c) Any violation of this chapter;
(d) Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude;
(e) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.
(H) Appeal procedure.
(1) Any person aggrieved by a decision of revocation or denial shall have the right to appeal to the City Commissioners. The appeal shall be taken by filing a written statement setting forth the grounds of the appeal with the City Clerk within 14 days after notice of the decision. The City Commissioners shall set the time and place for a hearing, and notice for such hearing shall be given to the aggrieved person.
(2) The order of the City Commissioners after the hearing shall be final.
(Ord. passed 6-20-16)