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Transient Merchants

License Information
Transient Merchants Ordinance 9022 - Adopted December 13, 1989

 

ORDINANCE 9708

ADOPTED METROPOLITAN COUNCIL SEPTEMBER 8, 1993

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:

  1. His home address;

  2. The firm or firms he represents, together with credentials establishing the exact relationship;

  3. A brief description of the nature of the business and the kind of goods or commodities he desires to sell;

  4. The number of days he intends to solicit orders;

  5. 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.