Las Vegas City Ordinances, March 31, 1933 to October 25, 1950, lvc000014-364

ORDINANCE NO. 368 AN ORDINANCE LICENSING, FOR THE PURPOSE OF REGULATION AND REVENUE, TRANSIENT MERCHANTS, ITINERANT MERCHANTS, AND ITINERANT VENDORS, AS HEREIN DEFINED, IN THE CITY OF LAS VEGAS; FIXING THE FEES THEREFOR AND OTHER CHARGES IN CONNECTION THEREWITH; PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF THE PROVISIONS THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND OTHER MATTERS PROPERLY RELATING THERETO. The Board of Commissioners of the City of Las Vegas do ordain as follows: Section 1. LICENSE REQUIRED. It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor as defined in Section 2 of this ordinance to engage in such business within the City of Las Vegas without first obtaining a license therefor in compliance with the provisions of this ordinance. Section 2. DEFINITIONS. For the purpose of this ordinance a transient merchant, itinerant mer­chant or itinerant vendor is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and deliv­ering goods, wares and merchandise within said city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car, or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall not be construed to include any person, firm, or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. Section 3. APPLICATION. Applicants for license under this ordinance, whether a person, firm or corporation, shall file a written sworn application signed by the applicant, if an individual, by all partners if a partnership, and by the president if a corporation, with the City Clerk, showing: (a) The name or names of the person or persons having the management or supervision of appli­cant's business during the time that it is proposed that it will be carried on in the City of Las Vegas; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corp­oration for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated. (b) The fingerprints of the person or persons having the management or supervision of appli­cant's business or in lieu thereof, at least three letters of recommendation from reliable property owners in the County of Clark, certifying as to the applicant's good character and business responsi­bility, or other evidence which establishes to the satisfaction of the Board of Commissioners the good character and business responsibility of such person or persons; (c) The place or places in the City of Las Vegas where it is proposed to carry on applicant's business, and the length of time during which it is proposed that said business shall be conducted. (d) The place or places, other than the permanent place of business of the applicant where applicant within the six (6) months next preceding the date of said application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted; (e) A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the City of Las Vegas, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time said application is filed. (f) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the City Clerk, copies of all said advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to said applica­tion as exhibits thereto; (g) Whether or not the person or persons having the management or supervision of the appli­cant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor; (h) Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative; and (i) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the City Clerk may deem proper to fulfill the purpose of this ordinance in the protection of the public good. Section 4. INVESTIGATION AND ISSUANCE. Upon receipt of such application, the City Clerk shall cause such investigation of such person's or persons' business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the City Clerk shall so certify in writing, and a license shall be issued by the City Clerk. The City Clerk shall keep a full record in his office of all licenses issued. Such license shall contain - the number of the license, the date the same is issued, the nature of the business authorized to be car­ried on, the amount of the license fee paid, the expiration date of said license, the place where said business may be carried on under said license, and the name or names of the person or persons authorized to carry on the same.