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(A) Any transient merchant desiring to transact business in the town shall file application for a license with the Town Clerk-Treasurer.
(B) The application shall state the following facts:
(1) The name, residence, and post office addresses of the person, firm, or corporation making the application, and if a firm or corporation, the name and address of the members of the firm or officers of the corporation, as the case may be;
(2) If the applicant is a corporation, then there shall be stated on the application form the date of incorporation, the state of incorporation, and if the applicant is a corporation formed in a state other than this state, the date on which such corporation qualified to transact business as a foreign corporation in the state;
(3) A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact business, and if, for the purpose of transacting such business, any permanent or mobile building, structure, or real estate is to be used for the exhibition by means of samples, catalogues, photographs, and price lists or sale of goods, wares, or merchandise, the location of such proposed place of business;
(4) A detailed inventory and description of such goods, wares, and merchandise to be offered for sale or sold, the manner in which the same is to be advertised for sale and the representations to be made in connection therewith, the names of the persons from whom the goods, wares, and merchandise so to be advertised or represented were obtained, the date of receipt of such goods, wares, and merchandise by the applicant for the license, the place from which the same were taken, and any and all details necessary to locate and identify all goods, wares, and merchandise to be sold; and
(5) Attached to the application shall be a receipt showing that personal property taxes on the goods, wares, and merchandise to be offered for sale or sold have been paid.
(Prior Code, § II.5)
At the time of filing the application, the applicant shall also file and deposit with the Town Clerk-Treasurer a bond with sureties to be approved by the Town Clerk-Treasurer in the penal sum of $750, or three times the value of the goods, wares, and merchandise to be offered for sale or sold as shown by the inventory filed, whichever sum is greater. The bond shall be forfeited and used for the benefit of any persons, firm, or corporation aggrieved by the action of the applicant, and is awarded a judgment as a result of a cause of action against the applicant.
(Prior Code, § II.5)
The applicant desiring to file an application with the Town Clerk-Treasurer for a transient merchant license, including those granted to food trucks, shall pay a license fee of $50 for each six-month period in which the applicant proposes to transact business.
(Prior Code, § II.5)
(A) Upon the filing of such application, and after the applicant has established that he or she has fully complied with all the provisions of this chapter, the Town Clerk-Treasurer may issue to the applicant a license authorizing the said applicant to transact business as proposed in said application. Such license shall not be transferable and shall be valid only in the town. No license shall be good for more than one person, unless such persons shall be co-partners or employees of a firm or corporation obtaining such license. No license shall be good for more than one location in said town if said transient merchant is transacting business in a building or structure in said town.
(B) The Town Clerk-Treasurer shall keep a record of such license, which shall, at all times, be open to public inspection.
(C) Any license issued shall state the name of the person, firm, or corporation which is licensed, and the number of days for which the license is issued.
(Prior Code, § II.5)
This chapter shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sale of goods, wares, or merchandise by sample for future delivery, or to sheriffs, constables, or other public officers selling goods, wares, and merchandise according to law, nor to bona fide assignees or receivers appointed in this state selling goods, wares, and merchandise for the benefit of creditors.
(Prior Code, § II.5)