Title 7 Business Licensing and Regulation

TITLE 7 BUSINESS LICENSING AND REGULATION

Chapter 1 Itinerant Merchants

7-1-1 Licensing of Itinerant Merchants

It shall be unlawful for an itinerant merchant, as defined in Section 7-1-2, to engage in such business within the Town of Dubois without first obtaining a license therefore.

7-1-2 Itinerant Merchant Defined

Itinerant Merchant is defined as any person, firm, or corporation, whether as owner, agent, consignee, or employee; who is not a resident of the town; who engages in a temporary business, or contracting for services, or the selling and delivering of goods, wares and merchandise within the town; and who leases, uses, or occupies any structure, vehicle, or any public place for the conduct of business; for a period of time not exceeding 100 days.

7-1-3 Investigation and Issuance of License

The Town Clerk shall cause the Law Enforcement Officer to conduct such investigation of an applicant’s business responsibility or moral character as he deems necessary for the protection of the public good. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the Town Clerk shall issue the license. No license shall be issued until the applicant has exhibited to the Town Clerk a current Wyoming Sales Tax License issued to the applicant. The applicant may appeal any denial of a license to the Town Council.

7-1-4 Service of Process

Before issuance of the license, the applicant shall file with the Town Clerk an instrument appointing the Town Clerk as his true and lawful agent with full power and authority to acknowledge service of process for and on his behalf of said applicant with respect to any matters connected with or arising out of the business transacted under said license. The Town Clerk shall immediately send to the licensee a copy of said process at his last known address, by certified mail.

7-1-5 Bond

Before any license shall be issued, such applicant shall file with the Town Clerk either a cash bond or a bond executed by applicant, as principle and two individual sureties or one corporate surety upon whom service of process may be made in the State of Wyoming, running to the Town of Dubois in the sum of $1,000.00, said bond to be conditioned that the applicant shall comply fully with all of the provisions of the ordinances of the Town of Dubois and the statutes of the State of Wyoming regulating and concerning the sale of services, goods, wares, and merchandise. Action on the bond may be brought in the name of the town to the use of the aggrieved person. Any person desiring to file an action on the bond shall, simultaneously with the filing of the complaint, notify the Town Clerk in writing of the pending action. The bond shall be refunded to the applicant six months after the expiration of applicant’s license unless cause for action thereon has been presented to the Town Clerk. The form of the bond shall be approved by the Town Attorney.

7-1-6 Exhibition of License and Posting of Warranties

The license issued shall be posted conspicuously in the place of business of the licensee. A separate license must be obtained for each business location. The person to whom a license is issued under this Chapter shall include as part of his application a statement in writing concerning any express or implied warranties which will be made to purchasers of the goods or services to be sold, or a statement that no such warranties will be given. Any person to whom a license is issued under this Chapter shall also conspicuously post a statement concerning such warranties as stated in the preceding sentence at the place of business stated in the license, in print consisting of characters not less than one-quarter inches in height.

7-1-7 Fees [§7-1-7 Amended March 9, 2005 by Ordinance No. 345]

Prior to conducting any business or sale of any goods each Itinerant Merchant shall pay a license fee of $125.00 per day, for each day business is to be conducted. In lieu of the per day fee, an Itinerant Merchant may elect to pay an annual fee of $450.00. The annual fee shall allow the Itinerant Merchant to conduct business within the Town from January 1 through December 31 of the year in which the fee is paid. The annual fee shall not be pro-rated for any year, but shall be paid in full irrespective of when during the year it is paid, Groups of ten (10) or more persons engaged in the selling of the same or similar types of good at a common location within the Town shall quality for and be assessed a group license fee of $10.00 per person per day.

7-1-8 Loud Noises and Speaking Devices

No licensee, or anyone on his behalf, shall shout, make an outcry, blow a horn, ring a bell, or use any other sound device for the purpose of attracting attention to any goods, wares, or merchandise proposed to be sold.

7-1-9 Fraudulent Misrepresentations Prohibited

It is unlawful for any person licensed under this Chapter to intentionally misrepresent or make any false or fraudulent statement in connection with the sale of such goods, services, wares, or merchandise.

7-1-10 Home Solicitation without Consent Prohibited

It shall be unlawful for any person to go to or upon or into any private residence within the Town of Dubois without having been requested or invited to do so by the owner or occupant of said residence, for the purpose of selling, delivering, disposing, or soliciting orders for the sale of any goods, services, wares, or merchandise.

7-1-11 Exemptions

Nothing in this chapter shall apply to any farmer or producer who sells or disposes of agricultural products, or to persons engaged in soliciting or taking orders exclusively from the trade or established wholesale or retail dealers, for the delivery of goods, wares, or merchandise by wholesale. Nothing in this chapter shall apply for the sale of goods or services by wholly non-profit organizations for the benefit of its members and the general public or to the sale of goods or services at an event sponsored or sanctioned by any governmental entity. Nothing in this chapter shall apply to the sale of goods by performers or exhibitors in connection with a sponsored event or concert in which there are two or more performers or exhibitors, except for a concert in which there only need be one performer. All religious organizations are exempt from this chapter.