HomeMy WebLinkAboutProviding for the Regulations & Licensing of Transient MerchantsORDINANCE No. D/
Passed b y the Common Council of the City of South Bend, Indiana,
Attest.
F.]
193 3 .
City Clerk.
!ent of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
117 r „ -_
Approved and signed by me � "
City Clerk
NO. X30 / :''
AN ORDINANCE PROVIDING FOR THE REGULATING AND LICENS-
ING OF TRANSIENT hIrRCHANTS, FOR THE REPEAL OF OTHER
ORDINANCES PERTAINING THERETO AND PROVIDING PENALTIES.
BE IT ORDAINED BY THE C OI;?EON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, THAT
1. The term "transient merchant" when used in this
ordinance shall include all persons, individuals, co- partners and
corporations, both as principals and agents, who -engage in, do or
transact any temporary or transient business in this city, by
selling goods, wares and merchandise, and who, for the purpose of
carrying on such business, hire, lease or occupy any room, build-
ing, vehicle, railway car, store, shop, vacant lot or parking lot,
tent or structure for the exhibition and sale of goods, wares and
merchandise, excepting those hereinafter exempted. and anyone
conducting business as above set forth within the corporate limits
of the city of South Bend, Indiana, for a period of less than one
hundred twenty (120) days, shall be deemed transient merchants.
Section 2. The provisions of this ordinance shall not
apply to sales made to dealers by commercial travelers or selling
agents in the usual course of business, nor to bona fide sales of
goods, wares and merchandise by sample for future delivery, or to
hawkers on the streets, or to peddlers from vehicles, baskets or
packs carried on backs, 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, or pro-
duce or provisions or fruit, when such produce, or provisions or
fruit is of the seller's own raising,_nor to open air stands coming
within the provisions of ordinance No. 2948.
Section 3. It shall be unlawful for any transient
merchant to engage in, do or transact a.ny business as such in said
city without having first obtained a license as hereinafter pro-
vided. Such transient merchant desiring to 6Lo business within
the corporate limits of the city of South Bend shall file his
verified application for license for that purpose with the City
Controller of the city of South Bend, Indiana, which application
shall state his name, residence, room, building, vehicle, rail -
way car, store, shop, vacant lot or parking lot, tent or
structure in which he expects to do business and the make and
character of the goods, waresand merchandise he intends to sell,
the length of time for which he desires to do business and at
the same time deposit receipt from the treasurer of the city of
South Bend, which receipt shall show that the applicant has paid
the said treasurer the sum of twenty -five ($25.00) dollars per day
for the first ten (10) days, or any part thereof for which said
applicant desires to engage in business as such transient mer-
chant, and ten (010.00) dollars per day for each day after said
ten days in which said applicant desires to so engage in business.
No license shall be good for more than one person, unless such
persons be co- partners, nor for more than one place and this
ordinance shall apply to persons who go from place to place to
sell goods and who engage local merchants to sell such goods on
commission.
Section 6. Every person, firm or corporation engaging
in the sale of goods, wares and merchandise in the city of South
Bend, Indiana, in locations and places described in section 2
of this ordinance shall, after the taking effect of this ordinance,
be presumed to be a transient merchant and his place of business
shall be presumed to be a temporary store or place of business.
This presumption however, may be overcome by furnishing proof satis-
factory to the controller of the city of South Bend, Indiana that
person, firm or corporation is not a transient merchant within the
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meaning of this ordinance. Any such person, firm or corporation
claiming not to be a transient merchant, which claim shall be set
forth in affidavit and filed with the controller, may be required
by said controller to file a bond in the amount hereinafter set
forth, conditioned that the principal and surety will pay all
license fees due under this ordinance if such person, firm or cor-
poration carries on businees in the city of South Bend for a period
of less than one hundred twenty (120) days. Provided that no lia-
bility shall be incurred on said bond while the persons responsible
under the provisions of section 3 of this ordinance for the payment
of license fees as transient merchants hold themselves available
at a given address where they can be found in the city of South
Bend, Indiana, for a period of one hundred twenty (120) days after
engaging in business, to answer the complaint of said city for the
violation of this ordinance. The amount of said bond, within the
limits of a minimum of three hundred ($300.00) dollars and a maxi-
mum of fifteen hundred (41500.00) dollars, shall be equal to ten
percent (10%). of the stock of" goods and fixtures used in said
business as shown by verified statement of the inventory thereof
to be filed in the office of the city controller with the bond.
Said bond may either be a personal or surety bond but no personal
surety shall be accepted unless same shall show the ownership in
fee of property, the value of which -small be, over and above all en-
cumbrances, twice the amount of said bond. No surety company shall
be accepted as surety unless the same be duly authorized to execute .
bonds of such nature within the State of Indiana as shown by the
statement of the agent thereof. Nothing in this section shall limit
the license fees of transient merchants or the liability for non-
payment of same under sections 3 and 5 of this ordinance.
Section 5, Every person, either as principal or agent
who shall in any manner engage in, do or transact any business
as a transient merchant, without having first obtained his license
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as hereinbefore provided, or who shall conduct any sale, or who
shall sell or expose for sale any goods, wares and merchandise,
contrary to the provisions of this ordinance, or who shall adver-
tise, represent or hold forth, any sale of goods, wares or mer.
chandise to be conducted contrary to the provisions of this
ordinance shall be fined for such offense not more than three
hundred ($300.00) dollars, to which may be added a penalty of
not more than thirty (30) days in jail, and each day's violation
shall constitute a sgparate offense.
Section 6. If any section or part of this ordinance
shall be held invalid, it shall notinvalidate any other section
or part thereof.
Section 7. Ordinances No. 15$8 and 1594 and all
ordinances amendatory thereof are hereby repealed.
Section 8. This ordinance shall be in full force and
effect from and after its passage and legal publication.
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