The Birmingham age-herald., 1921-12-13

poses, two (ZJ per cent
 of the gross receipts of
 such business for the
 preceding year.
 3S1-WATERMELON
 watermelon dealer, bro
 ker or agent selling
 from cars or railroad
 tracks, in addition to all
 other licenses, shall pay
 license for each car
 sold or offered for sale ace SS2-WOOD YARD OR DEAL
 FER IN WOOD-Conduct-
 ing each. h............... 1s.o0 3S3-YEAST-Each person,
 firm or corporation,
 when principal business 10000
 TRANSIENT DEALERS
 Sec. 2. Transient Dealer-All tran sient dealers as hereinafter defined by Section 2 of this ordinance shA1l pay license as follows:
 Where stock is less than $250 6 $500 Where stock is s25O and less
 than $500 .................. 5000 Where stock is $500 and less
 than s1.OoO ............... 10000 Where stock Is s1,Ooo and less
 than $2,000 ..............s.. 16O.0o
 than sS.oOO ............... soo.es Where stock Is s3,0o0 and less
 than s5,ooO ................ seo.oo Where stock Is s5,0o0 and less
 than $7,000 ................ 40O.00 Where stock Is S7,000 and less
 than SlO,00 .,........ $50, co Where stock is s1o,000 or more $50. %
 (a) The words Transient Dealer" for the purposes of this ordinance shall mean and include all persons, both principals and agents, who en-, gage or conduct in this city. either in in fy.ou uaIF Fna %eA, place to place, a temporary or tran sient business of selling goods, wares or merchandise with the in- tention of continuing in said busi- ness in said city for a period of not more than 1S0 days, and who for rent. lease or occupy, either in whole or in part, for the purpose of carry ing on such business use, room. building or other structure for the exhibition and sale of such goods, wares or merchandise. Or the pro visions of this ordinance shall not | apply to sales made to dealers by i commercial travellers or selling agents In the usual course of busi- ness, nor to bona fide sales of goods, wares or merchandise for future de- livery, nor to hawkers on the streets. nor peddlers from vehicles, nor to any sales of goods, wares or mer- chandise on the grounds of any agri- cultural society during the contin- uance of any annual fair held by such society nor to any sales by so- cities acting for charities, religious or public purposes.
 (b) A transient dealer shall not advertise, represent or hold forth sale of goods, wares or merchandise as an insurance, bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver. manufactur- CTS, wholesale, cancelled order or mis- fit sale or closing out, or sale of any goods damaged by smoke, fire, water or otherwise, unles before so doing he shall state in writing un- der oath to the City Comptroller of the City of Birmingham 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 repre- sented, including a statement of the names of persons from whom said 1 goods, wares or merchandise were purchased, and the date of delivery fof same to the person applying for license, the place where said goods, wares or merchandise were taken last, and such details necessary 10 exactly locate and fully identify all I goods. wares or merchandise to he sold, and make such further disclo- sures to and give such information as may be required by the City Comptroller of the City of Birming- ham. And such transient dealer shall 1 also include in the said statement names and residences of the owners in whose interest the business is conducted as an individual. firm, as- sociation or corporation. Said state ment to be kept on file in the office of the City Comptroller of the City of Birmingham, and a record shall be kept by him of all such state ments in convenient form and open to public inspection. Provided, how ever, that if objections be filed by any citizen with the City Comptrol- Ter against issuance or a petition be filed by any citizen for a revoca- ton of Q license to any transient dealer. the matter shall be referred to the commission for a hearing and action thereon.
 Co Every transient dealer desir- ing to do business in the City of Birmingham shall deposit with the City Comptroller of the City of Bir- mingham sum equal to the amount of his license, but in no case less than s50.00 as special deposit. be- fore license shall be issued to him as provided by this ordinance aus thorizing him to do business in said city In conformity with the provi- sions of this ordinance. Said deposit shall be held by the City Comptroller for period of thirty (30) days after such transient dealer ceases to dd business in the City of Birmingham and after satisfying all claims made against him under the following sub. l section (d), shall return such deposit l or portion thereof as remains in his hands to the said transient dealer de- posting same.
 (d) The deposit so made with the City Comptroller of the City of Bir- mingham shall be subject to attach ment, garnishment and execution on behalf of creditors whose claims arise in connection with the business done in the City of Birmingham and e the payment of fines and penalties incurred by such transient dealers h violation of this ordinAnce as may be fixed by the judgment of appropriate courts having Jurisdiction. and the said deposit, or any remaining por- tion thereof, shall not be paid to such transient dealer until all the out standing claims or notices of claims presented within thirty (30) days after he ceases to do business are settled.
 (e) It shall be unlawful for any transient dealer to sell or exhibit for sale either at public or private sale any goods, wares or merchandise without first complying with the pro- visions of this Ordinance, or to make l any false statements In reference to the matter set out in subsection (b) above, or to fail or refuse to comply with the requirements or any of the | provisions of this ordinance, and every person. whether principal or | r1r rIx ,1a