(A) Scope.
(1) Those subject to this section are transient businesses as defined herein, which shall include, but are not limited to peddlers, hucksters, solicitors, salespersons, photographers, circuses, carnivals, amusement companies and other such persons.
(2) Any person which regularly services, delivers, buys or sells goods and services to retail, wholesale or other permanent businesses in the city, shall not constitute a transient business, but rather shall be subject to the provisions and requirements of § 110.03 hereof.
(3) Those subject to division (D)(1), (2), (3) and (4) hereof shall be exempt from the provisions of § 110.03.
(B) License required. It shall be unlawful for any transient business or representative thereof to engage in any activity in the city without having first obtained a license to do so as provided herein and having otherwise complied with the terms and provisions of this section.
(C) Issuance of license, duration and identification.
(1) A person desiring to engage in transient business within the city shall first make application in writing to the Chief Financial Officer through the City Revenue and License Office on forms provided by the city, before the applicant shall be authorized to do business. The application shall state the name, permanent address and telephone number of the business, entity type and federal identification number of the business; the name, address, telephone number, Social Security number and other personal data of every business representative to be engaging in activity in the city and the type of nature of the goods or services to be provided.
(2) The Chief Financial Officer upon receipt of a completed application and payment of the license fee shall within three days issue a license to the representative of the transient business. The licensee and/or representative shall have his or her license in his or her immediate possession at all times when engaging in business in the city and shall display it upon demand to a city official.
(D) Transient business requiring special regulations; license event fee.
(1) Any person or business engaging in the business of promoting, operating or otherwise conducting a flea market, an antique mall or consignment shop shall pay a yearly license fee of $100 which shall authorize the activity of individuals utilizing booths or spaces in these businesses. This annual fee shall be for the period July 1 to June 30 of the following year. Any new application for a period less than 12 months shall not be prorated.
(2) A local produce and vegetable market shall be authorized to operate on parking lots in local malls or the Farmer's Market, provided the vegetable and produce are locally grown in Western Kentucky. A license fee of $100 shall be charged. The local farmers association shall have proper procedure to control the operations of the market and the sale of only local produce.
(3) Any event sponsor is required to purchase an event license prior to the event. The license shall be $100 for each event, which shall license all temporary booths, spaces and vendors, not otherwise excluded, in the event. Event licenses shall not apply to carnivals or circuses, which must obtain licenses under division (D)(4) below.
(4) A transient business shall pay to the city a daily fee based on the number of employees working in the city. The daily fee shall be $10 if there are three employees or less with a minimum fee of $125 covering a period of four consecutive days. The daily fee shall be $60 if there are four or more employees with a minimum fee of $200 covering a period of four consecutive days.
(E) Late charge; duplicate license or permit sign; renewals. Failure to purchase the license required by § 110.08(C) and (D) prior to engaging in business in the city shall, in addition to the penalties hereinafter set forth, be subject to a late charge not to exceed one-half of the calculated fee due. Any person whose license has been lost, stolen, or destroyed shall apply to the Chief Financial Officer for a duplicate license. The fee for issuance of a duplicate license shall be $10. Licenses may be renewed upon expiration in accordance with § 110.08(A) and (B).
(F) Locations.
(1) It shall be unlawful for any transient business or representative thereof to exhibit or expose any goods for sale, purchase or exchange, or place any bulletin boards, bicycle stands or any signs in or on any right-of-way, sidewalks, pavements, parks, playgrounds or any other property owned, maintained, possessed or operated by the city; provided, however, nothing in this section shall prohibit the sale of goods on the sidewalks, rights-of-way, pavements, parks or other the property with the written consent of the city and "sidewalk sales" may be conducted upon receipt of written permission from the Police Chief.
(2) This section shall not be construed so as to prevent any licensed merchant of the city or another person engaged in business from loading or unloading goods, wares or merchandise, or agricultural implements or vegetables, to and from vehicles on the street in front of the places of business of the interested persons.
(Ord. 16-2007, passed 6-19-2007) Penalty, see § 110.99