A. Merchant; Dispute As To Status: If an applicant claims to be a permanent merchant and nevertheless is required to take out a temporary merchant license, the license office shall so notify the applicant in writing; and if the applicant denies in writing that he, she or it is a "temporary merchant" within the terms as defined in section 5.64.290 of this chapter, or its successor, the license office shall submit to a hearing examiner for a hearing in accordance with chapter 5.02 of this title, or its successor, to take up for hearing the question as to whether the applicant is or is not a temporary merchant.
B. Hearing Determination: At the time and place named in the notice, the hearing examiner shall take up the matter and shall determine the question upon the facts presented, and shall enter an order according to the hearing examiner's judgment upon the facts so presented. If the hearing examiner determines that the applicant is a temporary merchant, the applicant shall pay the license fee provided in section 5.64.310 of this chapter or its successor, or, in lieu of payment of the license fee, the applicant may give a corporate surety bond to the city in the penal sum of two thousand dollars ($2,000.00), to be approved by the mayor, to secure the payment of the license fee required in the event the applicant fails to become a permanent merchant. If the applicant remains in business in the City for six (6) months, the applicant shall be deemed a permanent merchant, and the bond shall thereafter be of no force and effect. (Ord. 37-99 § 3, 1999: Prior Code § 20-17-41)