A. Established: Any person or entity who receives a permit as a transient merchant, itinerant merchant or itinerant vendor shall be required to pay twenty five dollars ($25.00) for a permit valid for thirty (30) consecutive days. This amount reflects the cost of regulation and control of business activity.
B. Interstate Commerce: None of the permit fee provided for by this section shall be applied as to occasion an undue burden on interstate commerce. In any case, where a permit fee is believed by a permittee or applicant for permit to place an undue burden upon such commerce, he or she may apply to the permit assessor and collector for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six (6) months after payment of the prescribed permit fee. The applicant shall, by affidavit and supporting testimony show his or her method of business and the gross volume or estimated gross volume of business and such other information as the permit assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The permit assessor and collector shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of facts from which he or she shall determine whether the fee fixed by this section is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the city council a permit fee for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the city council is satisfied that such permit fee is the amount that the applicant should pay, it shall fix the permit fee in such amount. If the regular permit fee has already been paid, the city council shall order a refund of the amount over and above the fee fixed by the city council. In fixing the fee to be charged, the permit assessor and collector shall have the power to base the fee upon a percentage of gross sales, or employees, or may use any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature. (Ord. 2008-22)