CHAPTER 111. AN ACT repealing Sections 4217, 4217a of the Kentucky Statutes, and requiring permits for certain kinds of merchants; defining temporary and transient merchants and providing for licensing same, regulating the advertising, representations and business of such merchants and prescribing penalties for failure to comply with the provisions of this Act. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. Transient Merchants Defined.-Every person, firm or corporation, whether as principal or agent, who engages in or transacts a temporary or transient merchandise business in any building, structure, car, booth, tent or other place, within the limits of any city or town of this State, or who, while doing business in any such place, advertises, represents or holds out any goods, wares or merchandise as being sold as an insurance, bankrupt, railway wreek, insolvent assignee, trustee, executor, administrator, receiver, syndicate, wholesale manufacturers', or closing out sale, or as a sale of any goods, wares or merchandise damaged by smoke, fire, water or otherwise, shall be deemed and held for the purposes of this Act, a temporary and transient merchant, unless such person, firm or corporation has previously, for a period of one year immediately prior thereto, conducted in good faith, a merchandise business therein, and provided any such person, firm or corporation intending to go into any such business permanently, may be exempted from the other provisions of this Act upon filing before the judge of the county court of the county in which such business is proposed to be transacted, an application under oath for a permit to start such business as a permanent merchant. Such applicant shall state in such application that it is his purpose, in good faith, to establish such business and to conduct it as a permanent business continuously for a period of not less than one year, and that it is not the purpose of such applicant to in any manner evade the provisions of this Act as to temporary merchants. Said application shall further set forth the nature of the business proposed to be transacted, the location of each place where said business is to be conducted, and same shall lay over for a period of not less than five days before being acted upon, and at the expiration of said time the county judge may hear such further proof as may be offered, touching the good faith of said applicant, and if the county judge be of the opinion that the facts stated in the application are sustained by the proof, he shall issue a permit authorizing such applicant to conduct such business as a permanent merchant, but if he be of the opinion that the facts stated in the application are not sustained by the proof, such application shall be denied. Any person making a false statement in such application or upon the hearing thereof, shall be guilty of false swearing. § 2. License Required of Transient Merchant.Hereafter it shall be unlawful for any temporary or transient merchant, as defined in this Act, to engage in, do or transact any business as such within any incorporated city or town in this State without first having obtained a license, as herein provided. $3. Application for License.-Any temporary or transient merchant desiring to engage in, do or transact business in any county in this State, shall file an application for license for that purpose with the judge of the county court in the county in which he desires to do business, such application stating his name, or the name of the firm, with the indi vidual name of each member thereof, or the name of the corporation so proposing to conduct such business, together with the proposed place of business, kind of business proposed to be conducted and the length of time for which license is desired to conduct such business, and shall pay for such license to the clerk of the county court, the sum of Two Hundred Fifty Dollars, which license shall authorize such person, firm or corporation to conduct such business for a period of one year, but such license shall be good for only one person unless such person shall be a member of a cc-partnership, nor for more than one place of business. The clerk of the county court in such county where the license is issued shall keep a record of the license in a book which shall at all times be open for public inspection. Before license shall be granted, such temporary or transient merchant shall file with the clerk of the county court an affidavit showing all the facts relating to the reasons for and character of such sale so to be advertised or represented, and showing that the goods, wares and merchandise of such sale are in fact in accordance with such advertisement and representations; such affidavit shall include a statement of the names of the persons from whom the goods, wares and merchandise so to be advertised or represented were obtained, iate of the delivery of said goods to the applicant and the place from which said goods, wares or merchandise were last taken, and all details necessary to exactly locate and fully itemize all goods, wares and merchandise so to be advertised or represented. If such affidavit shall fail to show that such goods, wares or merchandise of such sale are in accordance with the proposed advertisement or representations or fails to disclose the facts herein required, or if it appears to the county judge upon proof heard that the affidavit is untrue in any particular, then such applicant shall be refused a license for such sale. Such affidavit shall be made by the person proposing to transact such business, or by each member or any firm or by the chief officer of any corporation proposing to establish such business. Any person making a false statement of fact in such affidavit shall be deemed guilty of false swearing and shall be punished therefor as provided by the laws of the State of Kentucky. § 4. Bond and Appointing of Agent for Services of Legal Process.-Before a license shall be issued as herein provided, the applicant shall execute and deliver to the clerk of the county court a good and sufficient bond in the sum of one thousand dollars, with surety or sureties approved by the judge of said court, said bond running to the clerk of the county court and obligating such applicant and sureties to the effect that the applicant will at all times, during the period covered by such license, conduct such business in the manner therein authorized and for the protection of all persons, firms or corporations who may have claims against the obligor, arising out of such business, and any person, firm or corporation may sue thereon in his or its own name. At the time of delivering such bond to the clerk of the county court, the obligor shall also deliver to said clerk a duly execnted instrument appointing the clerk of the county court the agent of the obligor upon whom legal process may be served at any time the said obligor or the chief officer of such corporation is absent from said. county or when a return upon such summons shows that such person or officer could not, at the time of the service upon said clerk, be found in such county, and summons so served upon said county clerk, with such return, shall be as effective for bringing said obligor into court as if served in person. 5. Not to Apply to Commercial Travelers, Etc. The provisions of this Act shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, or to sheriffs, constables, bona fide assignees, receivers or trustees in bankruptcy or other public officers selling goods, wares and merchandise according to law, nor to any person selling farm and garden produce. § 6. Cities and Incorporated Towns to Regulate.-Nothing in this act contained shall be construed as prohibiting or in any way limiting or interfering with the right of any city or incorporated town to regulate or license the marrying on within such municipality the business of a transient merchant as in this Act defined, in any case where authority has been or shall hereafter be conferred upon it so to do, but the requirements of this Act shall be in addition thereto. 7. Money to be Paid Into General Revenue Fund of the State.-All license fees collected under this Act shall be paid into the treasury of the State of Kentucky. § 8. Penalty.-Any person violating any of the provisions of this act, or conducting any business provided against by this Act, shall be guilty of a misdemeanor, whether he be the owner of the goods, wares and merchandise sold or advertised or offered for sale by him, or whether he be an agent, representative, officer, employer or employe of such owner, and upon conviction thereof shall be fined not less than twenty-five nor more than one |