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HomeMy WebLinkAbout99-11-6129362 as follows: ORDINANCE #99-11 - 6129 AN ORDINANCE AMENDING SECTION 106-127, ITINERANT MERCHANTS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 106-127. Itinerant Merchants is hereby amended to read (a) Any person engaging in or transacting any temporary or transient business in the city, for the sale of any goods, wares, or merchandise, and who, for the purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car, boat, or public room, or any part thereof, including rooms in hotels, lodging houses, or in any street, alley, or other public place, or elsewhere, for a period of less than one year, for the exhibition of or sale of such goods, wares, or merchandise, shall be deemed an itinerant merchant and shall pay a license tax under Schedule F of section 106-101; provided, however, that a license tax of $625.00 shall be paid in advance, which shall be in addition to the amount of license tax due under Schedule F of section 106- 101. (b) Any person engaging in or transacting any temporary or transient business in the city for the sale of any goods wares, or merchandise on the premises of any hospital with the hospital's consent and who donates not less than fifteen percent (15%) of gross receipts realized from such business to a hospital related charitable organization shall pav a license tax under Section F of Section 106-101, provided, however, that a minimum $75.00 per day for each day that such merchant shall conduct business at the hospital license tax shall be paid in advance. The hospital shall, as a condition to its consent, require such person to file the tax return as required under Chapter 106 of the Paducah Code of Ordinances. (c) Every person who has not been licensed for at least a year to sell or offer for sale any goods, wares, or merchandise within the city shall file with the Finance Director an affidavit from the owner of the building, structure, hospital or place to be used by such applicant, showing for what period of time the property to be used by such applicant has been hired or leased by him, and no license shall be issued until such affidavit is fled with the Finance Director. The Finance Director may issue a r regular merchant's license to any such applicant upon the giving of a bond or surety, in lieu of the aforementioned affidavit, in such amount as will equal the tax required under this section for a period of one year. Such bond or surety shall provide that such amount shall be paid to the Finance Director in the event and at any time during such year that the Finance Director shall determine on the basis of evidence that it was the applicant's intention to engage in or transact a transient business in the city. (d) No person shall be exempt from the payment of a license tax under this section by reason of associating temporarily with any local merchant, dealer, or trader, or by reason of conducting such temporary or transient business in connection with, or as a part of, the business in the name of any local merchant, dealer, or trader. (e) The provisions of this section shall not apply to the sale, at auction, of any goods, wares, or merchandise, when being sold at the residence of a housekeeper desiring to dispose of same; nor to sales made to dealers by commercial travelers or selling agents, or regularly established merchants or manufacturers selling to the trade by sample, for future delivery from their established place of business, nor to the sale of any goods, wares or merchandise by an assignee, trustee, executor, fiduciary, officer in bankruptcy, or other officer appointed by any court. (1) No license shall be issued to any person under this section who has not first registered with the Chief of the Police Department, excepting, however, any merchant as described in above. SECTION 2. This ordinance shall be read on two separate days and will become effective upon publication in full. ALBERT JONES, MAY ATTEST: Lenita Smith CITY CLERK Introduced by the Board of Commissioners October 26, 1999 Adopted by the Board of Commissioners November 9, 1999 Recorded by City Clerk, November 9, 1999 Published by The Paducah Sun 46-L) ORD\5983 363