(a) As used in this chapter, "temporary store" shall mean a store, building entrance, stand, storeroom, office or any other place opened or maintained for the sale to the public of goods, commodities or merchandise, where the seller or owner of such goods, commodities or merchandise operates such store, building entrance, stand, storeroom, office or other place for a period of less than 120 days. Any store which shall be opened, operated and maintained in this City shall prima facie be presumed to be a temporary store within the meaning of this chapter, but such presumption may be overcome by evidence satisfactory to the Mayor that it is not a temporary store, in which case the Mayor shall not be required to take a deposit or take a bond as provided in Section 763.04.
(b) "Person" shall mean any individual, association, partnership or corporation, or the operator for or the agent of any such person, who sells to the public at retail, through or by means of such temporary stores, any goods, commodities or merchandise, except as herein provided. (Ord. 4119. Passed 11-21-32.)
Every person engaged in operating a temporary store in the City shall make a deposit to the Mayor of two hundred fifty dollars ($250.00), but such sum shall be refunded to such person if the store proves not to be in fact a temporary store.
The Mayor shall demand and collect from the operator of such temporary store such deposit as herein required.
(Ord. 4119. Passed 11-21-32.)
This chapter shall not apply to persons selling by sample only, nor to persons selling agricultural products or articles of their own manufacture or production, nor to sales pursuant to the order of any court of competent jurisdiction in the State, nor to any person owning or operating a branch store provided the person, or the principal of the person, has been engaged in the same kind of business in this City for a period of more than 120 days prior to the date of opening such branch store.
(Ord. 4119. Passed 11-21-32.)
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