Chapter 4.56 SALES REGULATIONS AND TRANSIENT MERCHANTS
Section 4.56.100 Bond required.
1. Except as otherwise provided in this chapter, before any
license is issued, each applicant for
a transient merchant license or a blanket license shall file with the city a bond running to the city,
in the penal sum therein set forth, executed by applicant as principal, and by a corporate surety
upon which service of process may be made in the state of Iowa. The bond shall be approved by
the city attorney and shall be conditioned that the applicant shall comply with the provisions of
all of the ordinances of the city, and the statutes of the state of Iowa, regulating and concerning
the sale of goods, subscriptions, wares, merchandise or personal property of any nature,
including foodstuffs, or for services, including advertising, and will pay all judgments rendered
against the applicant for any violation of ordinances or statutes of any of them together, with all
judgments and costs that may be recovered against applicant by any person or persons for
damage growing out of any misrepresentation or deception practiced on any person transacting
such business with applicant, whether said misrepresentation or deceptions were made or
practiced by the owners or by their servants, agents, or employees, either at the time of making
the sale, or the solicitation of the sale, or through any advertisements of any character
whatsoever, printed or circulated with reference to the subject matter of such sale or any part
thereof. Action on the bond may be brought in the name of the city to the use of the aggrieved
person. Such bond shall be further conditioned to indemnify and pay the city for any penalties
or
costs occasioned by the enforcement of this chapter and shall not be retired until after a lapse of
one year from the expiration of each license.
2. The following persons engaged in the transactions hereinafter
set forth shall be exempt from
the requirement of posting bond: transient merchants selling subscriptions, tangible personal
property or services, where each sale does not exceed one hundred dollars to any person or to any
member of the purchaser s immediate family within any consecutive three-month period and
where, in addition, no payment, down payment, or deposit whatsoever is required to be made or
paid until the property is actually delivered or the services actually performed.
3. Any person claiming exemption under the provisions of this
section shall make request
therefor in writing and shall state in said request that the applicant shall not make any sales in
violation of the provisions of this section.
4. All licenses issued where the transient merchant is exempt
from the posting of bond under
this section shall contain the following language: "No bond has been furnished the City of Sioux
City by the holder of the license."
5. The penal sum of the bond required under the provisions of
this chapter is one thousand
dollars,
or two times the value of the tangible personal property or service to be sold or offered
for sale or
the average inventory to be carried by the transient merchant as shown by the application,
whichever amount is greater.
6. The applicant for a blanket license shall in all cases furnish
a bond as described in
subsection 1. of this section in the penal sum of one thousand dollars. (Ord. 98/U-6342; 97/U-5556;
85/T-3757)