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Applicants for a license under this chapter shall file a written sworn application, no less than five nor more than thirty days prior to the time desired, signed by the applicant if an individual, by all partners if a partnership and by the president if a corporation, with the city clerk showing:
A. The name of the person having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the city, the local address of the person while engaged in such business, the permanent address of such person, the capacity in which such person will act, that is whether as proprietor, agent or otherwise, the name and address of the person for whose account the business will be carried on, if any, and if a corporation, under the laws of what state the corporation in incorporated;
B. The fingerprints of the person having the management or supervision of the applicant's business or, in lieu thereof, at least three letters of recommendation from reliable property owners in the county certifying as to the applicant's good character and business responsibility or other evidence which establishes to the satisfaction of the city manager the good character and business responsibility of such person;
C. The place in the city where it is proposed that the applicant's business be carried on and the length of time during which it is proposed that such business shall be conducted as well as proof of ownership of the premises for this purpose and if all is satisfactory to the city clerk;
D. The place, other than the permanent place of business of the applicant, where the applicant within the six months next preceding the date of the application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
E. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant in the city, the invoice value and quality of such goods, wares and merchandise, whether they are proposed to be sold from stock in possession or by sample, at auction, by direct sale, where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time such application is filed;
F. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers and, if required by the city clerk, copies of all such advertising, whether handbills, circulars, newspaper advertising or otherwise, shall be attached to the application as exhibits thereto;
G. Whether or not the person having the management or supervision of the applicants business has been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor;
H. Credentials from the person for whom the applicant proposes to do business authorizing the applicant to act as such representative;
I. Such other reasonable information as to the identity or character of the person having the management or supervision of the applicant's business or the method or plan of doing such business as the city clerk may deem proper to fulfill the purpose of this chapter in the protection of the public good. (Ord. 516, 2013; Ord. 314 Exh. A (part), 1982: prior code § 24-2-3)
Upon receipt of the application, the city clerk shall cause an investigation of the person's business responsibility or moral character to be made as he or she deems necessary for the protection of the public good. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the city clerk shall so certify in writing and a license shall be issued by the city clerk. (Ord. 516, 2013; Ord. 314 Exh. A (part), 1982: prior code § 24-2-5)
Before any license, as provided by Section 5.56.020, shall be issued for engaging in a transient or itinerant business, as defined in Section 5.56.010, in the city, the applicant shall file with the city manager, a bond running to the city in the sum of five thousand dollars executed by the applicant as principal and two sureties upon which service of process may be made in the state, such bond to be approved by the city manager, conditioned that the applicant shall comply fully with all the provisions of this code and the statutes of the state regulating and concerning the sale of goods, wares and merchandise and will pay all judgments rendered against the applicant for any violation of this code or statutes or any of them together with all judgments and costs that may be recovered against him by any 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. Such bond must be approved by the city manager, both as to form and as to the responsibility of the sureties thereon. (Ord. 314 Exh. A (part), 1982: prior code § 24-2-7)
Before any license, as provided in this chapter, shall be issued for engaging in business as an itinerant merchant in the city, the applicant shall file with the city manager an instrument nominating and appointing the city manager or person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the business transacted under the license and the bond given as required by Section 5.56.050 or for the performance of the conditions of the bond or for any breach thereof. Such instrument shall also contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon such agent and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this chapter, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the city manager, as provided in this chapter, the city manager shall send to the licensee at his last known address, by registered mail, a copy of such process. (Amended during 1992 codification: Ord. 314 Exh. A (part), 1982: prior code § 24-2-15)
A. The city clerk shall keep a full record in his or her office of all licenses issued. Such record shall contain the number of the license, the date the license is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of such license, the place where such business may be carried on under such license and the name of the person authorized to carry on such business.
B. The city clerk shall deposit the record of fingerprints of the licensee, together with the license number, with the chief of police. The chief of police shall report to the city clerk any complaints against any person licensed under the provisions of this chapter and any convictions for a violation of this chapter. The city clerk shall keep a record of all such licenses and of such complaints and violations. (Ord. 516, 2013; Ord. 314 Exh. A (part), 1982: prior code §§ 24-2-6, 24-2-17)
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