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2003-02 Licenses for Business Operations

TOWN OF NEWELL

ORDINANCE 02-2003

LICENSES FOR BUSINESS OPERATIONS

 

BE IT ORDAINED, by the Board of Commissioners of the City of Newell, Butte County, State of South Dakota that all of Chapter 5 “Licenses” of Ordinance 56, be repealed, and

BE IT FURTHER ORDAINED, that the following will be in full force and effect:

 Section 1.   Definitions

1. Permanent Business: shall refer to any person, firm or corporation which has a fixed place of business within the city limits and is open year round conducting business transactions.

2. Peddlers: shall refer to any person, whether a resident of this city or not, traveling from place to place, from house to house, or from street to street for the purpose of selling or soliciting for sale goods, wares, merchandise or services, other than agricultural products produced or processed in this state; and shall also mean and include any person transacting a temporary business within the city at an established place of business. The word “peddler” shall include the terms solicitor, transient or itinerant merchant or vendor or transient or itinerant photographer.

Section 2. License Requirements

1. All persons conducting business regardless of being a permanent business or a peddler selling within the city limits are required to be licensed by the State of South Dakota pursuant to SDCL 10-45 and display said license when conducting business.

2. Peddlers conducting business within the city limits are required to apply and receive a permit issued from the city office and remit the appropriate fee for said permit.

Section 3. Exception

The provisions of this ordinance shall not apply to solicitations; sales or distributions made by charitable, educational or religious organizations which are operating solely as a non-profit organization.

Section 4. Insurance

All persons conducting business regardless of being a permanent business or a peddler must have insurance adequate to cover their liability and provide proof of coverage with application for permit.

Section 5. Issuance Restricted

No peddler’s permit shall be issued to a corporation, partnership, or other impersonal legal entity. Each individual person engaging in the business of peddling within the city shall be required to have a permit whether acting for himself or as an agent or representative of another.

Section 6. Display

Every peddler having a permit issued under the provisions of this ordinance and doing business within the city shall display his permit upon the request of any person, and failure to do so shall be deemed a violation of this ordinance.

Section 7. Revocation of Permit

A permit issued under the provision of this ordinance may be revoked for the violation by the permittee of any provision of this ordinance, state law or any other city ordinance. Upon such revocation, such permit shall immediately be surrendered to the Sheriff’s Office, and failure to do so shall be a violation of this ordinance.

Section 8. Permit Expiration Date

All permits issued under the provisions of this ordinance will expire on

December 31 of the year of issuance, regardless of the month and date of issue.

Section 9. Application for Permit

The application for a permit required by the provision of this ordinance shall be such as approved by the Board of Commissioners. Any person wishing to obtain a permit shall first pay to the city finance officer the required fee. The city finance officer shall give him a receipt and application. The completed application shall be submitted to the Board of Commissioners for approval.

Section 10. Fee for Permit

Before any permit shall be issued under the provision of this ordinance, the applicant shall pay a fee of fifty dollars ($50.00).

Section 11. Waiver

The Board of Commissioners reserves the right to waive or reduce the required payment of the permit fee when the Commissioners deem it is in the best interest of the public.

Section 12. Penalty for Violation

            Violation of this ordinance is punishable by a fine not to exceed two hundred dollars for each violation.

 

           Kenneth Wetz – Acting Mayor

          Cheryl Bennett – Finance Officer

 First Reading:   April 7, 2003

Second Reading: May 12, 2003