Ordinance 9708 - Adopted September 8, 1993
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:
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
Section 2. Definitions
(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 3. License 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
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.
Section 5. Bonding.
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 6. Report 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 7. Penalties.
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 8. Contravening Ordinance.
All ordinances or parts of ordinances contravening the
provisions of this ordinance are hereby repealed.