§ 26-55. Itinerant merchant license.  


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  • Notwithstanding anything to the contrary in the Code, provided there is compliance with this chapter and with all other applicable laws and ordinances, itinerant merchants shall be permitted to operate as follows:

    (1)

    Requirement. No itinerant merchant may operate on any site or parcel of property unless it has obtained an itinerant merchant license.

    (2)

    Separate licenses required. Each itinerant merchant must have an itinerant merchant license. No itinerant merchant license may be transferred among itinerant merchants and no two or more itinerant merchants may share or operate under the same itinerant merchant license. Any person who claims to be an employee of an itinerant merchant but appears to the department to be operating as an independent merchant must be able to demonstrate to the satisfaction of the county that said person is in fact an employee and not an independent contractor; otherwise, that person shall be classified as a separate itinerant merchant.

    (3)

    Fees. All itinerant merchant license applications shall be accompanied by a fee to be established by resolution of the county council and shall not be prorated if a license is purchased during a term as described below. All fees are nonrefundable and nontransferable and payment shall be made in cash, certified check, cashier's check, money order.

    (4)

    Term. All itinerant merchant licenses shall be issued for either a six-month or a one-year term. Depending on the choice of the license applicant, the terms of the six-month licenses shall either begin on January 1 and end on June 30 of each year, or begin on July 1 and end on December 31 of each year, regardless of the date of issuance. The term of the one-year license shall begin on October 1 and end on September 30 of each year, regardless of date of issuance.

    (5)

    Use of license at other sites. Each itinerant merchant license shall be valid only at a single site or parcel of property at any one time.

    (6)

    Posting of license. Each itinerant merchant license shall be posted in a conspicuous location within each itinerant merchant's sales, display or activity area.

(Ord. No. 96-25, § IV, 12-19-96; Ord. No. 01-36, § 3, 12-13-01; Ord. No. 2005-05, § I, 5-19-05; Ord. No. 2007-07, § III, 6-7-07; Ord. No. 2012-19, I, 10-4-12)