O#140ORDINANCE NO. l~O
AN ORDINANCE TO PR0~ECT TP~E PUBLIC AGAINST
UNRELIABLE AND UNSCRUPL~LOUS ITINERANT VENDORS
OR ITINERANT NERCRANTS: PROVIDING FOR TR~E
iSSUANCE OF A LICENSE TO ITINERANT VENDORS
OR ITINERANT NERCH~NTS: REQUIRING THE FILING
0F AN APPLICATION ON OR BEFOR~E ENGAGING IN
BUSINESS WITH TO~N TAX COLT~OTOR AND THE PAYING
OF A LICENSE FEE AND THE POSTING OF A BOND 'OR
CASH, AND PROVIDING FOR A CONDITIONAL PEFJ~IT
PENDl~G THE I~VESTIGATION AND ~INATION OF
SAID APPLICANT'S APPLICATION FOR LICENSE, AND
REQUIRING SAID APPLICANT TO MAKE A SWORN RETURN
AS TO THE VALUE OF GOODS, ¥~ARES OR ~ERCHANDISE:
REQUIRING THE FURNISHING AND PROOF OF GOOD
MOB~L CHARACTER AND LEGALITY OF BUSINESS SOUGHT
TO BE OPERATED BEFORE THeE ISSUANCE OF SUCH LICENSE:
PROVIDING FOR THE ~JRNISHiNG OF A SURETY BOND OR
CASH iN THREE TINES THE A~OUNT OF SUCH LICENSE:
ASS~URiNG TP~E PAINT OF ANY AND ALL PERSONAL
PROPERTY TAXES DUE BY OR ASSESSED AGAINST THE
SAID ITINERANT VENDORS OR ITINERANT 0 ~ERCHANTS
OR AGAINST HIS STOCK OF NERCRANDISE: FIXING THE
LICENSE FEES THF~REFOR: PROVIDING FOR THE DURATION OF
LICENSES: PROVIDING CERTAIN EXE~PTIONS: PROVIDING
THAT IF ANY SECTION, SUB-SECTION, SENTENCE, CLAUSE
OR PHRASE OF THIS ORDINANCE SHALL BE DECD~HED OR
INC0~ETENT SUCH ADJ~JDICATION S~L~LL IN NO ¥~NNER
AFFECT THE- OTHER SECTIONS, SUB-SECTIONS, SENTENCES,
CLAUSES OR PHRASES OF THIS ORDINANCE: REPF~LING
ALL Y~WS _AND PARTS OF LA~S IN CONFLICT WITH THE
PROVISIONS OF THIS OPJDINANCE: PROVIDING A PENALT~
FOR T~ ¥IOI~TION OF THIS ORDINANCE OR AI~ OF ITS
PROVISIONS, OR SECTIONS OR PARTS OF SECTIONS:
DECLARING THIS ORDINANCE TO BE AN E~ERGENCY
DISPENSING ~¥ITH .THE' RF~)ING OF SA~E ON TV~0 SEPARATE
DAYS BY AN UNANINOUS VOTE OF THE TO~E~ CO~ISSION.
~BE IT ORDAINED BY THE COM~ISSION OF TP~ T0~N OF BOYNTON,
FLORIDA:
Section 1o For the purpose of preperly interpreting
this ordinance an itinerant v~ndor or itinerant merchant, as
referred to in this ordinance, shall mean and'inclUde, and shall
be construed to mean and include, all'persons, firms, and
corporations, as well as their agents, servants, and employees,
who shall be engaged in, or who shall desire to engage in the
business of selling, furnis~ing or offering fOr Sale, any goods,
wares, merchandise, edibles or beverages at ~ny definite and
Fixed place of business within the corporate limits of the Town
of Boynton, which said merchant or vendor have not heretofore
engaged in any business or ~profession in the Town of Boynton,
or who have not 'been licensed to carry on and transact any
business for the last twelve (!2) conseoutive calendar
months prior to the making of Such application for a license,
as hereinafter provided, in the Town of Boynton.
Section 2. It shall hereafter be unlawful for any
~t~_erant vendor or itinerant merchant, as defined in the
preceding section, to' exhibit or offer for sale or sell for
himself, or for others, at any definite or fixed place of
business any goOds, wares, merchandise, edibles or beverages in
the Town of Boynton, without first obtaining a license as
herein provided.
(a) Any itinerant vendor or itinerant merchant
desiring to obtain a license to transact business, as herein
provided, on or before engaging in said business shall file
with the Town TaX Collector an application duly verified,
which said applicatiOn shall state the full name and address
of said itinerant vendor or itinerant merchant, and the
proposed location of his, its or their principal office and
place of'business, and the value of his, its, or their stock
of goods, wares or merchandise, and slaa!l pay the license
lee'and post the bond or cash, as hereinafter provided'in this
ordim~nce; and in~.the event t~ applicant shall be a corporation
said application shall give the names and addresses of its
officers; and in the-event the applicant shall be a partners.hip
such application shall give the names and addresses of the
several members constituting said partnership.
(b) Said application S?~ll also state the name of
the city or town in which said applicant ~has heretofore
transacted business during the last tWenty-four (2~) months
prior to the filing of his, its, or their application for a
permit to transact business in the Town of Boynton.
(c) Said Application sb~.ll set forth fully and clearly
the c~aracter of mercantile business for which the license i~
sought and Shall'designate the Charact'er of the goods, wares,
merchandise, edibles or beverages to be sold., offered for sale
or exhibited for sale.
(d) In the event said applicant shall be a corporatisn
incorporated under the laws of the State of Florida, it shall
attach to its application for license a certified copy of its
charter of incorporation. ~
(e) In the event a foreign corporation shall apply for
such permit, it shall attach to its application a certified
copy of the permit issued by the. State of Florida authorizing
said corporation~tom-transact business under the laws of the
State of Florida.
(f) Each itinerant vendor or itinerant merc~hant
s~hall, before ~eceiving a license to transact business in
the TOwn of Boynton, execute a good'and sufficient Surety
bond in the sum of One Thousand-($1,000.00) Dollars~
signed by the said itinerant vendor or itinerant merchant
as principal and 'a surety company or corporation organized
and existing under the laws of the State of Florida and
authorized to do buslness in the State of Florida~ w~hich
bond is to be approved by the Town Attorney, and which
bond. shall be made payable to the Tax Collector of the Town
of Boynton, Florida~ and his successors in office, for ~the
use and benefit of any person, or persons, entitled thereto
and conditioned that the principal and surety will pay all
personal property taxes that shall be assessed against the
itinerant vendor or itinerant merchant, and/oF against his,
or their stock of merc~handise or other personal property
used by him in his business during the year immediately
following the date of the issuance of a license to hi~; also
that said itinerant vendor or itinerant merc~hant will make
and file on or before the tenth of each month a swoz~n monthly
return for She period of six (8) months to the Town T~x
Collector showing the value ~of said goods, wares or merchan-
dise of said itinerant vendor or itinerant merchant; .provided~
h~vever, such itinerant vendor or itinerant merchant Shall
have the right in lieo of said.bond to make a cash deposit
in an amouut equal to t~hree times the amount of the license
t~ imposed .upon him for transacting business, which said
oash deposit shall be held by the Town of Boynton as a trust
fund to gua~antee the ~ ~
paym~n~ of all personal property taxes
that. shall be assessed against said itinerant vendor or
itinerant merchant, or against the stock~ of merchandise
and equipment used by said itinerant vendor or itinerant
merchant in his, its, or there business during the year
i~ediately ~ollowing the issuance of the license to such
itinerant vendor or itinerant merchant, and also. that said
itinerant vendo~ or itinerant merchant' will file on or before
the tenth of each month a. sworn monthly return for the period
of six (8) months to the TOwn Tax Collector showing the value
of said goods, wares or merchandise and equipment of said
itinerant vendor or itinerant merc~hant. As soon as the
personal property taxes assessed against said itinerant vendor
or itinerant merchant, and assessed against his ~stock of
merchandise and the equipment used by him in business shall
be paid, the trust fund shall be surrendered to said itinerant
vendor or itinerant merchant, and in the evenb such itinerant ven-
dor or itinerant merchant shall fail or refuse to pay such
personal property tax assessed against him within one (1)
year after the issuance of the license to him or it and
within said .year's period the Town Tax Collector shall have
the right to apply so much of said trust fund so deposited With
the Town of Boynton, as aforesaid, to the p~yment of the personal
property tax so assessed against said itinerant vendor or
itinerant merchant and his or its stock of merchandise and
equipment, as aforesaid, and after paying same shall return
the balance, if any, of said trust fund to such itinerant
vendor or itinerant merchant.
(g) The applicant for such license shall give the
names of five (5) business or professional men as references,
who may be called upon by the Town of Boynton, should it
deem same advisable, for information as to the character,
business integrity and past history of the person, firm
or corooration applying for & license under the terms and
conditions of this ordinance.
S~ctlon 5. The APplication for a license permit, as
a * '
foresald, shall be filed 9ith the Town Tax Collector, who
shall make such investigation as he deems fit and proper
to ascertain and determine the moral character of the
applicant and the business integrity of-the applicant, and
the nature and character of the business sought to be
carried on and transacted, and said Town Tax Collector is
hereby authorized to issue a conditional permit pending the
n~est~gatlon and examination of said applicant'S application
for a license, should he find the applicant worthy of
transacting business in the Town of Boynton and the business
to be a legal one and not prohibited or restricted by some
other ordinance of the Town of Boynton, to issue to such
applicant a license provided that the applicant has complied
with all requirements as provided for in this ordinance.
The License fees hereby 'fixed and established in such cases
in which the value of stock of goods, wares, fixtures and
merchandise carried are as follows:-
Not exceeding $500.00 . . . . . . . $ 50.00
More than $500.00'and ~o~ .....
exceeding ~1,000.00 . . . . . . . . $100o00
More than ,000.00 ~nd riot
exceeding ,000.00 . . . ..... ~50.00
For each additional thousand or
fractional part t~hereof over ~2,000.00 25.00
Said sum shall be a license tax and in addition thereto shall
cover all compensation to which the ~own of Boyntonmay or
might b.e entitled for services rendered by it and its officials
in making its inquiries into the character of the applicant
and the~type of business sought to be Carmied on and trans-
acted and the general supervision and inspection of the
p~emiseS and property described in said application for a
license.
section 4. The license pe~nit provided for herein shall
not be transferred and. shall not give the license aUthority~
to operate more than one place of business in the Town of
Boynton or to sell or exhibit for sale, goods, wares,
merchandise:, edibles and beverages at more tlaan one place in
the Town of Boynton, neither shall said license authorize
any buSiness to be conducted save and except by the
person, firm or corporation to whom suchJlicense is issued;
provided, however, that the licensee may have the
assistance of one or more persons as employees or cierks
in conducting the exhibit or sale described in said
application for a license and referred to in the license
permit. No agent, clerk, servant or employee s~hallhave
authority by reason of the issuance of said license to
carry on and transact any business independent of his,
her or their employer.
Section 5. The license, as provided herein, shall
continue as long as such s~le of goods~ wares, merchandise,
edibles or beverages, or exhibits thereof, shall ~be
continuously held in the Town of BoyntOn, but, in no event,
shall it continue for a longer period than October 31st
following the date of issuancee Such llc~nse permit s~b~ll
be prominently displayed in a conspicuous place, on the
premises where such sale or exhibit is being conducted, and
s~ll remain so displayed so long as any goods, wares~
merchandise, edibles or beverages are being sold or exhibited.
Section 8. This o~dinanc~ is not and shall not be held to
be applicable to the following parties:
(a) Vendors of Farm produce such as fruit, vegetables~
poultrY, eggs, or agricultural products grown or produced
by the seller and sold in their natural state.
(b) Sales of'goods, wares, mer.chandise,~edibles, or
beverages, dOnated by the owner thereof, the proceeds thereof
are to be applied to any charitable or philanthropic purpose.
section ~. T~s o~dinance shall not be construed to apply
to peddlers o~ to persons engaged in the sale of intoxicating
liquors or to persons engaged in the sale of any cou~oditY for
which a greater or larger license tax shall be assessed under
any other ordinance of the Town of Boynton.
Section 8. Any person, firm or-corporation or partnershiP
violating any of the provisions of this ordinance or ~y one
provision~ hereof, shall be punished upgn conviction thereof~
by a fine not exceeding Five Hundred ($800o00) Dollars, o~
by imprisor~ment, in the discretion of the Judge of the
Nunicipal Court of the Town of Boy~ton~ and each sale, offer
for sale, or exhibition for the purpose of sale, s~ll be
and constitute a separate offense.
Section ~. In the event any section, sub-section, sentence~
clause of phrase of this ordznance Shall be declared
adjudge~ invalid or Unconstitutional, such adjudication shall
in no manner affect any other sections, sub-section, sentences,
clauses or phrases of this Ordinance but all the rest h~reof
shall be in full force and effect just as thOugh bhe Section,
sub-section, sentence, clause or phrase so d~eclared or
judged~inva!id o~ unconstitutional was not originally a part
hereof.
Section lC, This ordinance sh~ll be and is hereby
declared to be cumulative of all other ordinances of the
Town of Boynton~ Florida, effecting itinerant vendors or
itinerant merchants~ and shall not operate to repeal or
affect any such ordinance or ordinances except insofar
as the provisions of s~ch ordinance or ordinances are
inconsistent or in conflict with the provisiohs of this
ordinance~ in ~which instance or instances those provisions
shall be and they are hereby repealed.
Section lt. This ordinance is hereby d~c!ared to be
an emergency measure on the ground of urgent public need
for the preservation of peace, health and safety and
property of the Town of Boynton~
Passed and adopted at a Regular Neeting of the Board
of Town Commissioners of the Town of Boynton, Florida~
April 3, 1~3~.