License - Transient Merchant - St. Joseph County 4-H Fair

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c.Have committed prior violations of statutes or ordinances pertaining to transient merchants, peddlers, solicitors, and the like; or d.Have committed prior fraudulent acts; or e.Have a record of multiple breaches of solicited contracts. (5)The Board shall make approval of all licenses issued hereunder subject to the filing of proof of issuances with the Board of Public Works, which covers the transient merchant activity within the City. Said policy shall provide coverage for personal injury, including death and property damage to members of the public in the amount of not less than three hundred thousand dollars ($300,000.00) per person and one million dollars ($1,000,000.00) per occurrence. The certificate of insurance filed must contain a provision that the City of South Bend, Board of Public Works, shall be given no less than fifteen (15) days notice prior to the effective date of cancellation or material change of the policy. (6)Any applicant may appeal denial of a license pursuant to the procedures set forth in Section 4- 16 of this Code. (f)Display of License and Other Documents Required. (1)Anyone who is issued a license pursuant to subsection (e) above must display said license along with all written advertisements used for the proposed sale, and the name, address, and telephone number of the contact person for consumer complaints in a conspicuous location near the entry of the facilities or premises used for the sale. (2)Said documents must remain posted throughout the duration of the transient merchant activity within the City. (g)License fees. (1)The license fee for a transient merchant shall be one hundred thirty-five dollars ($135.00) for a continuous period of not more than fifty-nine (59) days of operation at the location approved by the Board of Public Works. Operation at another location within the City during the fifty-nine (59) day period shall require the issuance of a separate license. (2)Transient merchants obtaining a license for proposed business operations during the months of November and/or December, which sell only live or natural Christmas trees or natural wreaths, shall pay a license fee of fifty dollars ($50.00). (h)Exemptions. Any person who has filed and received a charitable solicitation permit pursuant to section 4-55 of this Code shall be exempt from the provisions of this section. The provisions of this section shall also not apply to vendors exhibiting at the St. Joseph County Fairgrounds, a non-for- profit, however the St. Joseph County Fairgrounds shall be required to obtain an annual transient merchant license to cover all such transient merchants participating at the St. Joseph County Fairgrounds for an annual license fee of fifty dollars ($50.00). (i)Penalties. (1)Anyone doing business as a transient merchant who has not posted or is unable to produce a valid license as required by this section when requested to do so by an enforcement official shall immediately cease and desist all further operations until said license is properly applied for, issued by the City, and properly posted. (2)Anyone whose business is shut down pursuant to subparagraph (1) above shall be required to pay a license fee of twice the amount listed in subsection (g) herein for the specific category listed. (3)In addition to the foregoing, anyone violating a provision of this section shall be subjected to a fine in an amount not exceeding two thousand five hundred dollars ($2,500.00) per violations. Every day any violation of this section continues shall constitute a separate offense. (j)Suspension or Revocation of Licenses. The City may suspend or revoke any license issued under this section pursuant to Section 4-16 of this Code.