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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~.