(A) Before any license, as provided herein, shall be issued for engaging in the transient or itinerant business as a peddler, as defined in this chapter, the applicant shall file with the Clerk a bond running to the town in an amount as set by the Town Council, executed by the applicant as principal and at least one surety upon which service of process may be made in the state.
(1) Such bond, to be approved by the town attorney, is to be subject to the condition that the applicant, agents or representatives shall comply fully with all of the provisions of the laws of the town and the state statutes regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against the applicant or agents or representatives for any violations, together with all judgments and costs that may be recovered against him by any person for damage arising out of any misrepresentation or deception practiced on any person transacting any business with the applicant or agents or representatives, whether misrepresentation or deceptions were made or practiced by the owners or their agents either at the time of making a sale or through any advertising of any nature whatsoever printed or circulated with reference to the goods, wares or merchandise sold or any part thereof.
(2) Action on the bond may be brought in the name of the town to the use of the aggrieved person or directly by the aggrieved person. The bond shall be approved by the town attorney both as to form and as to the responsibility of the sureties thereon.
(B) Before any license, as provided herein, shall be issued for engaging in the business as canvasser or solicitor, as defined in this chapter, the applicant shall file with the Clerk a bond running to the town in an amount to be set by the Town Council, executed by the applicant as principal and at least one surety upon which service of process may be made in the state, the bond to be approved by the Town Attorney, conditioned that the applicant shall comply with all of the provisions of the laws of the town and state statutes regulating and concerning the business of solicitor and guaranteeing to any citizen of the town that all money paid as a down payment will be accounted for and applied according to the representations of the solicitor. Action on the bond may be brought in the name of the town to the use or benefit of the aggrieved person or directly by the aggrieved person.
(C) The bonds required by this section shall remain in full force and effect throughout the period of time each licensee shall be conducting his or her business in this town or, upon 30 days’ written notice to the town, the cancellation of the bond by the sureties thereof.
(1) Upon cancellation, the licensee shall have ten days from the date of cancellation within which to obtain a new bond of like kind and quality.
(2) Should the applicant fail to procure a new bond, his license shall be deemed void as of the day after the expiration of the ten-day period and shall be so listed by the Clerk. Nothing, however, contained herein, shall be construed as preventing an applicant from re-applying for a new license at a later time.
(D) If, in the judgment of the Clerk, under guidelines established by the Council, the requirements and obligations of this chapter will be met without requiring an applicant to comply with this section, the Clerk may indicate upon the application that the applicant is exempted from complying with § 111.12, in which event the applicant will not be required to comply with this section.
(`82 Code, § 8-3-12) Penalty, see § 10.99