§ 6-56. License requirement.
It shall be unlawful for any itinerant vendor (as herein defined) to sell, offer for sale or exhibits for sale, any goods, wares or merchandise without having first secured a license permit therefor, as herein provided. The Office of the Tax Collector of Santa Rosa County, Florida, shall issue to any itinerant vendor a license permit authorizing such itinerant vendor to sell, exhibit for sale or offer for sale, in the unincorporated areas of Santa Rosa County, Florida, goods, wares and merchandise only after such itinerant vendor shall have fully complied with the provisions of this article and made payment based on the following schedule:
IF ANTICIPATED SALES ARE
$10,000.00 or less ..... $100.00
More than $10,000.00 but less than $25,000.00 ..... 200.00
More than $25,000.00 but less than $50,000.00 ..... 300.00
More than $50,000.00 but less than $100,000.00 ..... 400.00
Over $100,000.00 ..... 500.00
(a)
The itinerant vendor shall make application to the office of the county tax collector at least ten days prior to the date of his contemplated sale or offer for sale to be held in the unincorporated areas of Santa Rosa County, which application shall be in the form of an affidavit stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the name and addresses of its officers if it be a corporation, and the partnership name and the names and addresses of all partners if such itinerant vendor be a firm.
(b)
Before said license permit shall issue the application therefor must be accompanied by:
(1)
A statement showing the kind and character of the goods, wares or merchandise to be sold or offered for sale.
(2)
A certified copy of the charter, if the itinerant vendor be a corporation, incorporated under the Laws of the State of Florida.
(3)
A certified copy of its permit to do business in Florida if the itinerant vendor be a corporation incorporated under the laws of some state other than Florida.
(4)
A bond in the sum of $5,000.00 or ten percent of anticipated sales, whichever is greater, and it shall be executed by the itinerant vendor as principal with two or more good and sufficient sureties satisfactory to the office of the county tax collector, which bond shall be payable to Santa Rosa County, for the use and benefit of Santa Rosa County and any other person or persons entitled thereto and conditioned that the principal and surety will pay all damages to persons caused by, or arising from or growing out of, the wrongful, fraudulent, or illegal conduct of the itinerant vendor while conducting the sale or offer for sale in Santa Rosa County. The bond shall remain in full force an effect for the entire duration of the license permit as provided herein and two years thereafter, or until compliance with the provisions of this article, whichever period is greater.
(c)
An itinerant vendor shall not advertise, represent, or hold forth a sale of goods, wares, or merchandise as an emergency, insurance, bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver, manufacturers wholesale, canceled order, or misfit sale or closing-out, or a sale of any goods damaged by smoke, fire, water or otherwise, unless before so doing he shall state in writing under oath to the Office of the Tax Collector of Santa Rosa County, Florida, at the time he makes application for a license all the facts relating to the reason and character of such special sales so advertised, held forth or represented, including a statement of the names of persons from whom said goods, wares, or merchandise were purchased, and the date of delivery of same to the person applying for license, the place where said goods, wares, or merchandise were taken last, and such details necessary to exactly locate and fully identify goods, wares, or merchandise to be sold, and make such further disclosure to and give such information as may be required by the Tax Collector of Santa Rosa County, Florida. Such itinerant vendor shall also include in said statement names and residences of the owners in whose interest the sale is conducted and whether conducted as an individual, firm, association, or corporation.
(d)
It shall be unlawful for any itinerant vendor to sell or exhibit for sale either at public or private sale any goods, wares, or merchandise without first complying with the provisions of this section, or to make any false statements in reference to the matter required in subsections (b) and (c) above, or to fail or reuse to comply with the requirements of any of the provisions of this section, and every person, whether principal or agent, who by circular, handbill, newspaper, poster or in any manner advertises such sales as herein contemplated before proper license is issued to said itinerant vendor and before he has complied with the provisions of this section, shall be guilty of a violation of this article. Provided, however, that nothing in this section contained shall be construed as abridging or denying the right and power of the Board of County Commissioners of Santa Rosa County, Florida, to refuse or withhold the granting of any license or to revoke the same, if granted, to an itinerant vendor upon any hearing thereof when in the discretion of said board of county commissioners on the basis of the disclosures during such hearing, or from other information deemed by them sufficient, such action may be deemed necessary or proper to protect or safeguard the public from imposition, mischief or fraud.
(e)
Reports of sales: All itinerant vendors shall make a verified report of sales within seven days of the close of business.
(Ord. No. 2003-30, § 6, 12-11-03)