(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT VENDOR. Any person who transports tangible personal property for retail sale within the city who does not maintain in the city an established office, distribution house, sales house, warehouse, service center or residence from which
such business is conducted. However, this act does not apply to any person who delivers tangible personal property within the city who is fulfilling an order for such property which was solicited or placed by mail or other means. This subchapter does not apply to any person holding a valid license issued by a county or municipality to engage in retail sales. This subchapter also does not apply to a mobile food and beverage vendors permitted by §§ 120.01 through 120.03 of this code.
PERSON. Any individual, corporation, partnership, trust, firm, association or other entity.
TRANSIENT MERCHANT. Any person who is engaged temporarily in the retail sale of goods, wares or merchandise in the city and who, for the purpose of conducting such business, occupies any building, room, vehicle, structure of any kind or vacant lot. However, this subchapter does not apply to any person selling goods, wares or merchandise which are raised, produced or manufactured by him or her, to any person selling vegetables, fruit or perishable farm products at an established city or village market, to any person operating a store or refreshment stand at a resort, to any person operating a stand or booth on or adjacent to property owned by him or her or upon which he or she resides, or to any person operating a stand or booth at a state or county fair. This subchapter does not apply to any person holding a valid license issued by a county or municipality to engage in retail sales. This subchapter also does not apply to mobile food and beverage vendors permitted by §§ 120.01 through 120.03 of this code.
(B) It shall be unlawful to do business in the city as a transient merchant or itinerant vendor without having first secured a license therefor from the Police Department of the city which is hereby declared to be the licensing agency for transient merchants and itinerant vendors.
(C) The license application shall include the applicant’s name, permanent business address, which just include a street address, residence address of the principal and if the applicant is a corporation the residence address of its officers, the location at which the applicant intends to do business, the nature of the business the applicant intends to conduct, a copy of the applicant’s certificate of registration under the Retailer’s Occupation Tax Act, a complete inventory of the goods the applicant intends to offer for sale, and a list of all licenses to conduct business as a transient merchant or an itinerant vendor obtained by the applicant in the city in the 12 months preceding the date of filing the application.
(D) The applicant shall file with the Police Department a surety bond or cash deposit. The amount of the bond or cash deposit shall be equal to 50% of the wholesale value of the merchandise that the applicant intends to offer for sale; however, the amount of the bond or cash deposit shall not be as set out in the fee schedule.
(E) The Police Department shall transfer the deposit or bond to the Attorney General of the state within 14 days after the applicant ceases to do business in the city and the Attorney General shall hold such deposit or bond for two years for the benefit of any person who suffers loss or damages as a result of the purchase of merchandise from said person licensed under this subchapter or as a result of the negligent or intentionally tortuous act of the person licensed under this subchapter. The Attorney General shall pay any portion of the bond or deposit to any person in accordance with the order of the Court without making an independent finding as to the amount of the bond or deposit that is payable to that person. Any balance of said deposit held by the Attorney General two years after the expiration of a license of a person under this subchapter shall be refunded to the person.
(F) A license under this subchapter shall expire on December 31 of the year it was issued. The Police Department shall collect a license application fee of as set out in the fee schedule from any person wishing to conduct business as either a transient merchant or itinerant vendor under this subchapter.
(G) If any person makes retail sales as a transient merchant or itinerant vendor without having obtained a license under this subchapter, the Police Department may hold the inventory, truck or other personal property of the person until he or she obtains a license to conduct business as a transient merchant or itinerant vendor. If the property has been held by the Police Department for more than 60 days and the person whose property is being held has not obtained a license under this subchapter, the Police Department may petition the Circuit Court for an order for the sale of property being held. If the Court finds that the person whose property is held has not obtained a license under this subchapter, the Court may order the Police Department to sell the property. Proceeds of the sale of the property, less reimbursement to the Police Department for the reasonable expenses of storage and sale of the property, shall be deposited in the treasury of the city.
(H) It shall be prima facie evidence that a person is a transient merchant or itinerant vendor under this subchapter if the person does not transact business from a fixed location or if the person does not own or lease for a term of at least six months the property from which the business is conducted.
(Prior Code, § 29-22) (Ord. 1990-49, passed 9-10-1990; Ord. 2022-002, passed 2-7-2022) Penalty, see § 117.99