City Code: 497:0

Section 497 - Vendors, Street - Popcorn, Gum, Confections

Section 497:00. License Required. It shall be unlawful for any person or persons to engage in the business of selling, exposing for sale or having for sale from a stand, receptacle, wagon or other vehicle, popcorn, gum or confections on any sidewalk, street, alley or public ground within the corporate limits of this municipality, without having first obtained a license therefor.

Section 497:05. Application. Any person desiring to engage in said business as above stated shall make application in writing to the Council for a license, stating in said application the kind of goods, wares or merchandise or other article or articles which such person desires to sell, the name and address, including street and house number of the applicant, whether the sales are to be made from a stand, wagon or other vehicle, describing same, and the location from which the applicant desires to make such sales, which application shall be filed with the Clerk-Treasurer, along with a certificate of public liability insurance showing at least $500,000 combined single limit and the City as a named additional insured.

Section 497:10. Insurance and Fee. At the first meeting of the Council thereafter the application shall be presented to said Council, and it may thereupon grant such license and direct that the same be issued to the applicant. The amount of the license fee shall be established by the Council from time to time. All licenses granted under this ordinance shall expire on the 31st day of December next following the date of issuance and no license granted hereunder shall be assignable nor transferable, and all licenses shall be signed by the Mayor and attested by the Clerk-Treasurer, and the license shall state and designate the place and location where the said business may be conducted and shall not authorize the licensee to carry on or conduct such business in any other place or location.

Section 497:15. No person or persons shall be granted a license as herein specified except and unless the applicant shall have secured the permission in writing of the owner, lessee or manager of the property in front of which or adjacent to which said applicant desires to locate said stand, wagon or other vehicle for the said purpose, and shall have filed the said written permission with the Clerk-Treasurer. No person or persons licensed as herein provided shall in any manner whatsoever obstruct any street, sidewalk, alley or public place, nor shall in any way interfere or cause any interference with the free passage of pedestrians along the street, sidewalk, alley or public place.

Section 497:20. Penalty for Violation; Revocation. Any person or persons violating any provision of this ordinance shall, upon conviction, be punished by a fine of not exceeding one hundred dollars ($100) or by imprisonment for not exceeding thirty (30) days, and the court, as a part of the penalty, may recommend that the Council revoke the license of the person convicted. The Council may revoke any license issued hereunder for just cause, and a conviction hereunder may be considered such just cause.

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