Before any license shall be issued by the city, through the Police Department as the issuing agency under this subchapter, the applicant shall file with the Police Department initially as the issuing agency a bond with guarantees running to the city in the sum of $2,000 executed by the applicant, as principal, with good and sufficient sureties upon which service of process may be made in the state, which bond shall then be held by the City Clerk’s Office in connection with assisting the Police Department as the licensing agency regarding the permit. Such bond shall also be secured by cash deposit or a surety bond of $2,000 which shall also, following initial deposit with the Police Department as the issuing agency, be held by the City Clerk’s Office and/or the City Comptroller’s Office. Such bond shall be conditioned upon the undertaking that the applicant shall comply fully with all the provisions of the ordinances of the city and the statutes of the state, regulating and concerning the sale of goods, wares and merchandise, or laws requiring the payment of sales taxes or other fees imposed by law, and payment of all fees or taxes owed by the applicant and judgments rendered against the applicant for any violation of the ordinances or statues, or any of them, together with all judgments and costs that may be recovered against him/her by an person for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether such 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 or any part thereof. Action on the bond may be brought in the name of the city to the use of the aggrieved person or by the city if for the collection of taxes of fees. Such bond must be approved by the City Attorney, both as to form and as to the responsibility of the sureties thereon. The bond shall be in force and effect for a 2 year period after application. The City Clerk shall transfer the deposit or bond to the Attorney General of this state within 14 days after the applicant ceases to do business in its jurisdiction, and the Attorney General shall hold such deposit or bond for 2 years for the benefit of any person who suffers loss or damage as a result of the purchase of merchandise from the 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 a court without making an independent finding as to the amount of the bond or deposit that is payable to that person. Any balance of the deposit that is payable to that person. Any balance of the deposit held by the Attorney General 2 years after the expiration of a license held by a person or entity shall be refunded to the same. The licenses issued under this subchapter shall expire on December 31st of the year it was issued.
(Ord. 1658, passed 3-22-1999; Am. Ord. 2287, passed 7-25-2011; Am. Ord. 2358, passed 7-17-2012)