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Sec. 4 -38. Open -air businesses. <br />(a) Every person who erects, places or stands in the City an open -air booth, shed, tent, trailer or <br />stand for the purpose of selling, bartering, receiving for future sale or use, distributing, or <br />exchanging on or from such place any goods, wares or merchandise, which terms shall include <br />also all fruits, vegetables, country produce, refreshments, beverages, baked goods, and <br />confectionary, before engaging in such business shall obtain a license from the Controller. The <br />license shall designate the place where such business is to be operated and the kind of booth, <br />shed, tent, trailer, container, donation box or stand in and from which such articles are to be sold. <br />(b) If the location for an open -air business is on private property, the applicant shall attach to <br />his the application a signed statement from the owner or lessee of the real estate granting <br />permission to the applicant for the use of the location for business purposes for the duration of <br />the license. <br />(c) Applicants desiring to sell goods, merchandise, fruits, vegetables or produce by weight or <br />measure shall attach to the application a certificate signed by the sealer of Weights and Measures <br />showing that all scales and measures to be used have been tested and approved. <br />(d) The license fee for donation boxes as provided in subsection (i) of this section shall be <br />twenty -five dollars ($25.00) per year. The license fee for any other open -air business conducted <br />on private property shall be forty -five dollars ($45.00) per location per year. The license fee for <br />an open -air business other than donation boxes conducted upon public property shall be forty <br />dollars ($40.00) per location per year. No license shall be issued by the Controller under this <br />section until the zoning, ingress and egress of the location(s) have been approved by the <br />appropriate City departments. <br />(e) A license may be granted under this chapter for a transitory open -air business which shall be <br />moved to various locations during the duration of the license term, provided that the applicant, in <br />addition to meeting all other requirements of this section, attaches to the application a list of the <br />locations and the dates on which the business will be operated at each location, along with the <br />permission for use of each location as required by subsection (b). <br />(f) No open -air business license may be issued by the Controller for a business to be located on <br />public property until the location of same is approved in writing by the Board of Public Works. <br />(g) Exclusion: The term "open -air business," as used in this section, does not include <br />establishments which are defined as itinerant restaurants under section 445 of this chapter. <br />(h) Exemptions: The provisions of this section shall not apply to vendors exhibiting upon the <br />grounds of the St. Joseph County Fairgrounds, a not - for - profit agency. <br />(i) Donation boxes: The provisions of this subsection shall apply to boxes or containers placed <br />on public or private property for the purpose of receiving or distributing donations of goods for <br />reuse, sale, or for any other purpose. In addition to the above requirements, any person seeking <br />