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Application - Transient Vendor PermitTransient Merchant Permit Application - Revised - 2020-12-28  City of La Vergne, Tennessee 5093 Murfreesboro Road, La Vergne, TN 37086 (615) 793-6295 TRANSIENT VENDOR APPLICATION Please refer to Title 9, Chapter 1 of the La Vergne Municipal Code for all of the rules and regulations regarding transient vendor permits. At the time of filing the application, a non-refundable permit fee of fifty dollars ($50.00) shall be paid to the city to cover the cost of investigating the facts stated on the application. A copy of a driver’s license or state issued identification is required. This permit cannot be used for a mobile food service vehicle. Each applicant must have a business license or must obtain a transient merchant business license for each 14 day period in which the vendor sells merchandise. Each applicant must submit a letter from the property owner giving them permission to conduct business at each specific location. All locations must meet local zoning provisions and must be located in a commercial zoning district. Other location restrictions are listed in Title 9, Chapter 1, Section 9-105 of the La Vergne Municipal Code. (Attached) APPLICANT INFORMATION Applicant Name and Permanent Home Address: Employer Name, Address & Phone Number: Local Address where proposed sales will be made: Cell Phone: Other Phone: Height: Weight: Date of Birth: SSN: Hair: Eyes: Driver’s License Vehicle Information State: DL #: Year, Make & Model: Plate #: Description of the nature of the business and goods to be sold: Length of time desired to do business: Have you been convicted of any crime or misdemeanor? Yes No If yes, what was the nature of the offense and when did it occur? List the last three (3) cities or towns you have sold goods in: By submitting this application for a Transient Vendor Permit, I agree to fully comply with the provisions of the ordinances of the City of La Vergne. I also certify that I have received and read Title 9, Chapter 1 of the La Vergne Municipal Code and I agree to abide by these regulations. ___________________________________________ Date: ____________________ Applicant Signature  CHAPTER 1 TRANSIENT VENDORS SECTION 9-101. Definitions. 9-102. Permit required. 9-103. Exemptions. 9-104. Permit procedure. 9-105. Location Restrictions. 9-106. Loud noises and speaking devices. 9-107. Exhibition of permit. 9-108. Enforcement. 9-109. Suspension or revocation of permit. 9-110. Expiration and renewal of permit. 9-101. Definitions. The following words, terms and phrases are hereby defined as follows and shall be interpreted as such throughout this chapter. Terms not hereby defined shall have their standard dictionary definition or such as the context may imply. (1) Transient Vendor. Any person who brings into temporary premises and exhibits stocks of merchandise to the public for the purpose of selling or offering to sell the merchandise to the public. Transient vendor does not include any person selling goods by sample, brochure, or sales catalog for future delivery; or to sales resulting from the prior invitation to the seller by the owner or occupant of a residence. For purposes of this definition, "merchandise" means any consumer item that is or is represented to be new or not previously owned by a consumer, and "temporary premises" means any public or quasi-public place including a hotel, rooming house, storeroom, building or part of a building, tent, vacant lot, railroad car, or motor vehicle which is temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. Premises are not temporary if the same person has conducted business at those premises for more than six (6) consecutive months or has occupied the premises as his or her permanent residence for more than six (6) consecutive months. 9-102. Permit required. It shall be unlawful for any transient vendor to ply their trade within the corporate limits without first obtaining a permit in compliance with the provisions of this chapter. No permit shall be used at any time by any person other than the one to whom it is issued. 9-103. Exemptions. The terms of this chapter shall not be applicable to persons selling at wholesale to dealers, nor to newsboys, nor to bona fide merchants who merely deliver goods in the regular course of business, nor to bona fide charitable, religious, patriotic or philanthropic organizations, nor to mobile food vendors, including food trucks, canteen trucks or ice cream trucks that are under the provisions of title 9, chapter 9 of the La Vergne Municipal Code, nor to solicitors or peddlers that are under the provisions of title 9, chapter 10 of the La Vergne Municipal Code. 9-104. Permit Procedure. (1) Application Form. Applicants for a permit under this chapter must file with the city recorder a sworn written application containing the following: (a) Name of applicant; (b) Complete permanent home address and local address of the applicant and the local address from which proposed sales will be made; (c) A brief description of the nature of the business and the goods to be sold; (d) Complete name and permanent address of the business or organization the applicant represents; (e) The length of time for which the right to do business is desired; (f) A copy of a valid driver's license or state issued identification; (2) Permit Fee. At the time of filing the application, a non-refundable fee of fifty dollars ($50.00) shall be paid to the municipality to cover the cost of investigating the facts stated therein. (3) Transient Vendor Business License. Each applicant for a permit as a transient vendor shall submit with their application a tax set in accordance with T.C.A. § 67-4-710(a)(2) for each 14-day period in which the vendor sells or offers merchandise for which they are issued a business license. (4) Property Owner Authorization. Each applicant for a permit as a transient vendor shall submit with their application a letter from the property owner giving them permission to conduct business at that specific location. All locations must meet local zoning provisions and must be located in a commercial zoning district. 9-105. Location Restrictions. All transient vendor locations must abide by the following location restrictions: (1) No permittee shall be located within twenty (20) feet of any fire hydrant, fire escape, bus stop, any intersection curb radius return (the point of intersection of the street curb line and the curb radius), any doorway or driveway or other main entrance of any building, and of any emergency or fire exits. (2) No permittee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where the operation might impede or inconvenience the public use of the streets. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. (3) No permittee shall operate in a location that impedes the ingress to, egress from, or signage of another business or otherwise cause undue interference with access to other business or emergency areas, paths, or facilities. 9-106. Loud noises and speaking devices. No permittee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the sidewalks, streets, alleys, parks or other public places of the municipality or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the adjacent sidewalks, streets, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell. 9-107. Exhibition of permit. Permittees are required to exhibit their permits at the request of any policeman, codes official or citizen. 9-108. Enforcement. It shall be the duty of the police department and/or codes department to see that the provisions of this chapter are enforced. 9-109. Suspension or Revocation of permit. (1) Suspension by the city administrator. The permit issued to any person or organization under this chapter may be suspended by the city administrator or his designee for any of the following causes: (a) Any false statement, material omission, or untrue or misleading information which is contained in or left out of the application; or (b) Any violation of this chapter. (2) Suspension or revocation by the board of mayor and aldermen. The permit issued to any person or organization under this chapter may be suspended or revoked by the board of mayor and aldermen, after notice and hearing, for the same causes set out in paragraph (1) above. Notice of the hearing for suspension or revocation of a permit shall be given by the recorder in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed to the permit holder at his last known address at least five (5) days prior to the date set for hearing, or it shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing. (3) No permittee whose permit has been revoked shall make further application until a period of at least six (6) months has elapsed since the last revocation. 9-110. Expiration and renewal of permit. Permits issued under the provisions of this chapter shall expire on the same date that the permittee's business license expires and shall be renewed for up to six (6) months without cost if the permittee applies for and obtains a new business license. Permits issued to applicants who are not subject to a business license shall be issued for up to six (6) months.