If any person makes retail sales as a transient merchant or itinerant vendor without first having obtained a license, the Village may hold the inventory, truck or other personal property of the person until he obtains a license to conduct business as a transient merchant or itinerant vendor. If the property has been held by the Village for more than sixty days and the person whose property is being held has not obtained a license as required under this Chapter, the Village may petition the Circuit Court for an order for the sale of the property being held. If the Court finds that the person whose property is being held has not obtained a license as required by this Chapter, the Court may order the Village to sell the property. Proceeds of the sale of the property, less reimbursement for the expenses of storage and sale of the property, shall be deposited in the Treasury of the Village.
It shall be prima facie evidence that a person is a transient merchant or itinerant vendor under this Chapter, if the person does not transact business from a fixed location or if the person does not own, or does not lease for a period of at least six months, the property from which the business is conducted. (Ord. 2668, 2-12-1996)