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Transient Merchants Ordinance

License Information
Ordinance 9708 - Adopted September 8, 1993

 

ORDINANCE 9022

ADOPTED METROPOLITAN COUNCIL DECEMBER 13, 1989

TO LEVY, COLLECT AND ENFORCE PAYMENT OF A LICENSE TAX FOR "TRANSIENT MERCHANTS" FOR THE YEAR 1990, AND ALL SUBSEQUENT YEARS, AND TO PROVIDE FOR THE LICENSING AND BONDING OF SUCH TRANSIENT MERCHANTS AND FOR THE PROHIBITION OF CERTAIN ACTIVITIES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.

BE IT ORDAINED by the Metropolitan Council of the City of Baton Rouge and Parish of East Baton Rouge that:

Section 1.

There is hereby levied a license tax as hereinafter specified for the year 1990, and all subsequent years, upon each person acting as a transient merchant, as hereinafter defined, in the City of Baton Rouge or Parish of East Baton Rouge who may be subject to such license under the provisions of this ordinance.

Section 2Definitions

(1)  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 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.

(2)  The term "Director of Finance" means and includes the Director of Finance of the City of Baton Rouge and Parish of East Baton Rouge or his duly authorized assistants.

Section 3License Required.

It shall be unlawful for any transient merchant to transact any phase of business in the City of Baton Rouge or Parish of East Baton Rouge, 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.

Section 4.      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.

Section 5Bonding.

Before such 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 bonds will be held by the Director of Finance for a period of ninety 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 of said 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.

Section 6Report by hotel or motel keeper.

The owner, proprietor or manager of any hotel, motel, rooming house or other place of public accommodation shall report, within six (6) hours after renting, to the Department of Finance's Revenue Division, the name of any person who has rented a room or other space for the sale and display of merchandise of a transient merchant, giving the location of the room so rented.

Section 7Penalties.

Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100) and not less than fifty dollars ($50) for each offense, and every day that a violation of this ordinance shall continue shall constitute a separate and distinct offense.

Section 8Contravening Ordinance.

All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.