As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended.
PEDDLERS AND/OR ANTIQUE MALL. A business conducted for profit which business establishes, conducts and maintains an indoor market where new or used personal property is sold to consumers from individual locations which locations are purchased or leased from the owner of the peddlers and/or antique mall (hereinafter “mall”) by individual sellers who are usually absent from their locations during business hours. Items of personal property are purchased by consumers through an identification system which entails payment to an agent or employee of the owner, of the articles purchased by a consumer and delivery of the articles purchased by a consumer by an agent or employee of the owner. Articles of personal property sold by individual sellers include, but are not limited to, household items, antiques, collectibles, rare items, decorations, artwork and prints, tools, used books and magazines. Owner: a person, firm, partnership, corporation, limited liability company or other entity, who or which owns or operates the peddlers and/or antique mall and who or which sells or leases individual locations within said mall to sellers.
SELLER. A person, firm partnership, corporation, limited liability company or other entity who or which leases or purchases a location in the mall, commonly referred to as a “booth,” from the owner for the purpose of selling to consumers articles of personal property, said sales to be usually conducted in the absence of seller through a process of payment to owner’s agent or employee by consumer and delivery of the personal property purchased to the purchasing consumer by said agent or employee.
(Ord. 6-2009, passed 9-8-09)
No person, firm, partnership, corporation, limited liability company or other entity (owner) shall operate the business of a peddlers and/or antique mall without first obtaining a city business license therefor. Applications for licenses shall be made to the City Clerk on forms to be provided by the City Clerk. The fee for the said business license shall be in an amount provided for in the city ordinance relating to the issuance of business licenses to-wit fifty ($50) dollars.
(Ord. 6-2009, passed 9-8-09)
No person, firm, partnership, corporation, limited liability company or other entity (seller) shall do business in a peddlers and/or antique mall unless said seller shall pay a tax/license fee to the city in the amount of one hundred and twenty ($120) dollars per annum, payable in monthly increments of ten ($10) dollars per month. This tax/license fee shall be in lieu of a license fee payable in advance of doing business and in lieu of an annual occupational license net profit tax and the filing of an annual return therefor. It shall be the duty of the owner of a peddlers and/or antique mall to collect the foregoing monthly tax increments from each seller and to remit to the city on or before the fifth business day following the first day of each month all monthly payments collected or owed and, further, to provide each month to the city a complete list of names and addresses of all sellers doing business in said peddlers and/or antique mall. Monthly, sellers tax/license fees shall not be pro-rated for partial month’s operation. The said tax/license fee shall be collected and paid per seller. The obligation to pay monthly tax/license fee shall be retroactive to July 1, 2009.
(Ord. 6-2009, passed 9-8-09)
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