Sec. 8-121. - Itinerant merchants and flea markets—Regulations.


No itinerant merchant, peddler or flea market operator shall conduct any business of any kind whatsoever within the corporate limits of the town without first obtaining from the town administrator a permit to do so.


Applications for said permit shall be on a form as developed by the town administrator and approved by the town attorney, but at a minimum shall require:


Name, address and telephone number of the applicant and any proposed employees or representatives of the applicant.


A description of the items to be offered the public for sale.


A summary of how, in the general course of business, these items are obtained by the applicant for resale.


A listing, with street addresses, of all locations in which the applicant has conducted business in the last year (inside or outside of the state).


A description, with street address, of the proposed location for said activity within the town, including written and signed authorization of the property owner for the applicant to conduct said activity on his property.


Such information, as is allowed by law, to assist in the conduct of a criminal background investigation of the applicant or his proposed employees or representatives.


A detailed explanation of the applicant's accounting procedures as it related to the collection and payment of sales tax.


A bond by a licensed surety, or a cash deposit, in the amount of $10,000.00 to protect the public from fraud, in such form as is approved by the town attorney, which shall remain in effect for three years after the last conduct of business within the town.


The following activities are specifically exempted form this article. Yard sales as defined by section 18-51 of the Town Code and charitable solicitations conducted by actual members or employees of a bona fide not-for profit organization.


An application fee of $100.00 shall be paid at the time the application is made to cover the expenses of reviewing the application and administering the article as it related to the applicant.


Any denial of a permit by the town administrator may be appealed to the town board of commissioners, in writing by the applicant, addressed to the mayor, if the same is done within 30 days of the denial.


Violation of this article is a misdemeanor and may be enforced by any means available to the town for enforcement of its ordinances: criminal, civil or equitable.

(Ord. of 12-11-2003)


(15) Cross reference— Secondhand goods, ch. 18. (Back)