AMENDING TITLE 9 (LICENSING AND REGULATION OF TRADES AND
OCCUPATIONS), CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF BATON ROUGE AND
PARISH OF EAST BATON ROUGE, SO AS TO DELETE ALL REFERENCES TO THE TRANSIENT
MERCHANT PERMIT AND TO AMEND THE DEFINITION OF "TRANSIENT MERCHANT."
BE IT ORDAINED by the Metropolitan Council
of the Parish of East Baton Rouge and City of Baton Rouge that:
Section 1.
Title 9, of the Code of Ordinances of the City of Baton Rouge
and Parish of East Baton Rouge, is hereby amended so as to amend and re-enact
Chapter 7 thereof to read as follows:
CHAPTER 7. TRANSIENT MERCHANTS.
Sec. 9:341. Definitions.
(a) A transient merchant is any person, firm, or
corporation who does not have a licensed permanent retail location in the City
of Baton Rouge or Parish of East Baton Rouge who displays samples, models,
goods, wares, or clothing merchandise in any hotel or motel room, rooming house,
store, club, storehouse, house or other place, for the purpose of selling at
retail or securing orders for the the retail sale of such goods, wares, or
clothing merchandise and who in connection with such business advertises in the
City of Baton Rouge or Parish of East Baton Rouge using the common media of
newspapers, radio and/or television.
(b) Director of Finance means and includes the Director
of Finance of the City-Parish or his duly authorized assistants.
(c) Person as used in this chapter includes any
corporation, or partnership, or two (2) or more persons having a joint or common
interest.
Sec. 9:342. License Required.
It shall be unlawful for any transient merchant to transact
any phase of business in the City-Parish, including advertising, without first
applying to the Director of Finance for a license. The fee for this
license shall be two hundred fifty dollars ($250) per annum.
Sec. 9:343. Application for License.
An applicant for a transient merchant's license shall provide
the following information:
-
His home address;
-
The firm or firms he represents, together with credentials
establishing the exact relationship;
-
A brief description of the nature of the business and the kind
of goods or commodities he desires to sell;
-
The number of days he intends to solicit orders;
-
The hotel, room or other place where the applicant proposes to
sell such merchandise.
Sec. 9:344. Bonding.
Before a license is issued by the Director of Finance, the
applicant will be required to furnish a performance bond in an amount of five
thousand dollars ($5,000). Such bond will be held by the Director of
Finance for a period of ninety (90) days after all orders of goods, wares, and
clothing merchandise have been delivered to the persons from whom the orders are
taken, to assure delivery to the persons from whom the orders are taken to
assure delivery of the orders to the satisfaction of such persons,
and to be in compliance with the specifications stated in the order and meeting
the requirements of the solicitations and advertisements.
Sec. 9:345. Penalty.
Whoever violates the provisions of this chapter shall be
fined not more than five hundred dollars ($500), or imprisoned for not more than
ninety (90) days, or both. In the case of persons engaged in the business
of a transient merchant without a required license, each day of violation shall
constitute a separate violation.
Section 9:346. Secondhand Dealer Permit Required.
Every transient merchant or temporary fixed location merchant
who at any time during the course of business buys, sells, trades in, or
otherwise acquires or disposes of used or secondhand property shall also possess
a secondhand dealer permit as required under separate provisions of Chapter 19
of this title and comply with all reporting requirements relative thereto.
Sec. 9:347. Limitation on Removal of Purchases.
No transient vendor making purchases as a secondhand dealer
shall remove any such purchase from the Parish until the retention period
established in Chapter 19 of this Title has expired, except with the
authorization of the Chief of Police.
Sec. 9:348. Authorization for Removal.
Any transient vendor who desires to remove goods, wares or
merchandise purchased used by the vendor as a secondhand dealer, shall file a
sworn descriptive list of the goods, wares and merchandise purchase, together
with information as to where the goods, wares or merchandise will be transported
and an acknowledgement of the duty of the transient vendor to retain the goods,
wares and merchandise for those periods required by Chapter 19 of this Title.
The Chief of Police shall grant authorization upon receipt of
the sworn list, a surety bond in the amount of the aggregate amount paid for the
goods, wares and merchandise, and application fee in the amount of ten dollars
($10.00).
Section 2.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
