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(1) Effective May 19, 1983, all peddlers shall be required to secure the license established in section 13-13 by making application for the same to the division of revenue.
(2) Further, before the division of revenue shall issue a peddler license, the peddler must file or have on file with the commissioner of finance an approved indemnity bond in the amount of five hundred dollars ($500.00) issued by a surety company authorized to transact business within the commonwealth, or post a cash bond in that amount. The term of the bond shall be for one (1) year or until an approved occupational license tax return is filed with the division of revenue, whichever is later. A peddler shall forfeit his bond to the urban county government if he fails to comply with chapter 13 or 15 of the Code of Ordinances. Only one (1) bond shall be required for each peddler per year.
(3) Upon approval of an application for a peddler license and payment of the applicable fee, the division of revenue shall issue a badge or other certificate of licensure specifying the name of the licensee, which shall be worn in plain view at all times by the licensee. The peddler license shall not be transferable; and, accordingly, no licensed individual shall sell his business to an unlicensed individual.
(Ord. No. 70-83, § 4, 5-5-83)
(1) Effective May 19, 1983, all itinerant merchants shall be required to secure the license established in section 13-13 by making application for the same to the division of revenue. As a part of the application process, the applicant must specify in writing the exact location where the business is to be conducted, present a valid certificate of occupancy from the division of building inspection for that location, and furnish a duly executed statement of permission to use that location from the property owner or his authorized agent.
(2) Further, before the division of revenue shall issue an itinerant merchant license, the itinerant merchant must file or have on file with the commissioner of finance an approved indemnity bond in the amount of five hundred dollars ($500.00) issued by a surety company authorized to transact business within the commonwealth, or post a cash bond in that amount. The term of the bond shall be for one (1) year or until an approved occupational license tax return is filed with the division of revenue, whichever is later. An itinerant merchant shall forfeit his bond to the urban county government if he fails to comply with chapter 13 or 15 of the Code of Ordinances. Only one (1) bond shall be required for each itinerant merchant per year, regardless of the number of locations for which licensed to do business.
(3) Upon approval of an application for an itinerant merchant license and payment of the applicable fee, the division of revenue shall issue a certificate of licensure specifying the name of the licensee and the exact location at which he is licensed to do business. The itinerant merchant license shall not be transferable; and, accordingly, no licensed individual shall sell his business to an unlicensed individual. Said license shall only be valid for the location for which it was issued, and the certificate of licensure shall be posted in a prominent place at that location at all times.
(4) Notwithstanding the provisions of section 13-5, if a licensed itinerant merchant desires during the license period to change the location at which he is licensed to do business, he must secure a new certificate of licensure from the division of revenue. Prior to issuing said certificate, the division shall require the itinerant merchant to specify his new location, present a new certificate of occupancy and a new statement of permission, remit a nonrefundable fifteen dollars ($15.00) administrative fee, and return the previous certificate of licensure. In any case where the previous certificate of licensure is not returned, the itinerant shall be treated as a new applicant and, accordingly, be required to pay the full applicable license fee.
(Ord. No. 70-83, § 4, 5-5-83; Ord. No. 102-85, § 10, 5-30-85)
In addition to the penalties specified in sections 13-14 and 13-15, any individual who shall deface or otherwise alter a badge or certificate of licensure or violate any provision of sections 15-7 and 15-8 shall be subject for each offense to a fine or penalty not to exceed five hundred dollars ($500.00) and/or to imprisonment for a period not to exceed twelve (12) months.
(Ord. No. 70-83, § 4, 5-5-83; Ord. No. 102-85, § 9, 5-30-85)
(1) Commissioner means the commissioner of the department of public safety or his/her designee.
(2) Department means the department of public safety or any outside entity with which the department contracts for services in connection with the administration of section 15-10 of the Code.
(3) Customer means an individual who renders professional services as a fashion model, as a model for commercial photography or demonstration of products for advertising purposes, or as a host for a convention or other special event or a person who seeks opportunities to provide such professional services or to obtain training or screening for opportunities.
(4) Person means an individual, corporation, organization, business trust, estate, trust, partnership, association, or any other private legal entity.
(5) Model/talent business means a person that engages in the business of providing, obtaining or attempting to obtain employment or training for models. The term includes an entity that counsels or directs a model in the development of the model's professional career, or represent themselves as model or talent agents, or as providing model or talent screening opportunities, model or talent training opportunities, or other model or talent related opportunities.
(Ord. No. 212-98, § 2, 7-14-98)
Cross reference(s)—Definitions generally, § 1-2.
Effective August 1, 1998, all model/talent businesses shall be required to secure the license established in section 13-13 of this Code by furnishing to the division of revenue a certificate of approval issued by the department establishing that it has completed the application process and has demonstrated compliance with the requirements of sections 15-10 through 15-10.9 of this Code.
(Ord. No. 212-98, § 3, 7-14-98; Ord. No. 279-98, § 1, 10-15-98)
(b) Unless exempt pursuant to section 15-10.6 of this Code, all model/talent businesses that have a place of business in Fayette County, obtain or attempt to obtain employment for models in Fayette County, or recruit models from a temporary location in Fayette County, or offer any other service included in the definition of a model/talent business in section 15-10(1) in Fayette County, must obtain a license in order to operate a model/talent business. "Personal agents," or any persons under any name or title, who perform the services described in sections 15-10 through 15-10.9 of this Code as any part of the services they provide, are model/talent businesses under these sections.
(c) As part of each application or reapplication process with the department for a certificate of approval, the applicant must present proof to the department that, if approved for licensure, the applicant can secure an approved indemnity bond in the amount of five thousand dollars ($5,000.00) issued by a surety company authorized to transact business within the commonwealth, or can post a cash bond in that amount. Such bond shall be for a term of one year and shall inure to the benefit of the urban county government or of any person who shall be injured or sustain damage proximately caused by the failure of any model/talent business, its servants, agents or employees, to comply with sections 13-13 or 15-10 through 15-10.9 of this Code. A certificate of approval shall be valid for one year from the date issued, but information on file must be kept current in accordance with the requirements of section 15-10.3(c).
(d) A license is not assignable or transferable.
(f) Any model/talent business using an assumed name(s) must comply with the Assumed Business Names Act, KRS 365.015.
(g) Any incorporated model/talent business must comply with the provisions of KRS chs. 271 through 274, Private Corporations and Associations.
(h) The model/talent business must furnish to the department with its application a copy of all registrations filed with the clerk of the county in which the principal office of the model/talent business is located if located within the state, or the registration filed with the secretary of state if located out of state. A copy of any changed or revised registrations must be furnished to the department within thirty (30) days of filing.
(Ord. No. 212-98, § 4, 7-14-98)
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