TRANSIENT VENDORS

Batesville Code of Ordinances ch. 8, art. IV

in effect

Batesville Code of Ordinances § 8-81 Definitions.

Sec. 8-81. - Definitions. As used in this article, the following terms shall have the following meanings ascribed to them, unless the context clearly indicates otherwise: Transient business means any business conducted for the sale of merchandise or services that is carried on at a particular location for a period of less than six (6) months in each year, even though the owner of such business may conduct the business at another location for more than six (6) months in each year. Transient vendor means any person who transacts transient business in this state either in one (1) locality or by traveling from place to place in this state. The term includes a vendor who for the purposes of carrying on such business hires, leases, uses or occupies any building, structure, motor vehicle, railroad car or real property. Person means an individual, corporation, association, partnership or other entity. (Ord. No. 94-10-481, § 1, 10-18-94)

Batesville Code of Ordinances § 8-82 Exceptions.

Sec. 8-82. - Exceptions. (a) The provisions of this article shall not apply to: (1) Civic and nonprofit organizations or wholesale sales to retail merchants by commercial travelers. (2) Wholesale trade shows or conventions. (3) Sales of goods, wares, services or merchandise by sample, catalogue or brochure for future delivery. (4) Fairs and convention center activities conducted primarily for amusement or entertainment. (5) Any general sale, fair, circus, auction or bazaar sponsored by a church or religious organization. (6) Garage sales held on premises devoted to residential use. (7) Sales or repairs of crafts or sales or repairs of items made by hand by the person making the crafts or items. (8) Duly licensed flea markets operating from a fixed location. (9) Sales of agricultural, dairy, poultry, seafood or forest management products or services related to forest management or silvicultural activities, nursery products, foliage plants or ornamental trees, except such products or services sold at retail and not grown or produced within Mississippi. (10) Sales of agricultural services. (b) A transient vendor not otherwise exempted from this article is not exempted from this article because of a temporary association with a local dealer, auctioneer, trader, contractor or merchant or by conducting the transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor or merchant. (Ord. No. 94-10-481, § 2, 10-18-94)

Batesville Code of Ordinances § 8-83 Application for license.

Sec. 8-83. - Application for license. (a) A transient vendor who desires to transact business in the city shall apply for and obtain a license issued by the city authorizing such transient vendor to transact business within the municipality. The license application shall be filed with the tax collector of the city and must include: (1) The name and permanent address of the transient vendor making the application; (2) A statement describing the kind of business to be conducted, the length of time for which the applicant desires to transact the business, and the proposed location of the business; (3) The name and permanent address of the applicant's registered agent or office; and (4) Proof that the application has acquired all other required city, county and state permits and licenses. Such proof shall include a Mississippi sales tax number and such number shall include the city's sales tax diversion code. (b) If the applicant is an association or a corporation, the applicant must also include the names and addresses of the members of the association or the officers of the corporation. If the applicant is a corporation, the application must state the date of incorporation and the state in which it was incorporated. If the applicant is a corporation organized under the laws of another state, the applicant must state the date on which the corporation qualified to transact business as a foreign corporation in this state. (Ord. No. 94-10-481, § 3, 10-18-94)

Batesville Code of Ordinances § 8-84 License fee; bond requirements.

Sec. 8-84. - License fee; bond requirements. (a) Each applicant for a transient vendor license shall include a license fee in the sum of two hundred fifty dollars ($250.00) with the application, which fee shall be deposited in the general fund of the city. The applicant shall also execute a cash bond or a surety bond issued by a corporate surety authorized to do business in this state in an amount that is the lesser of either two thousand dollars ($2,000.00) or five (5) percent of the wholesale value of any merchandise or service to be offered for sale by the applicant. The surety bond shall be issued in favor of the state and shall be conditioned upon payment of: (1) All taxes due from the applicant to the state or to a political subdivision of the state; (2) Any fines assessed against the application or the applicant's agents or employees for a violation of this article; and (3) Any judgment rendered against the applicant or the applicant's agents or employees in a cause of action commenced by a purchaser of merchandise or services not later than one (1) year after the date the merchandise or services were sold by the applicant, and shall further be conditioned that such transient vendor shall comply with all provisions of the ordinances of the city relating to transient vendors. (Ord. No. 94-10-481, § 4, 10-18-94)

Batesville Code of Ordinances § 8-85 License not transferable.

Sec. 8-85. - License not transferable. No transient vendor's license shall be used at any time by any person other than the one to whom it was issued. (Ord. No. 94-10-481, § 5, 10-18-94)

Batesville Code of Ordinances § 8-86 Duty to exhibit licenses.

Sec. 8-86. - Duty to exhibit licenses. Transient vendors shall be required to exhibit their licenses at the request of any citizen. (Ord. No. 94-10-481, § 6, 10-18-94)

Batesville Code of Ordinances § 8-87 Altering license prohibited.

Sec. 8-87. - Altering license prohibited. No person shall alter or deface any license issued pursuant to this article. (Ord. No. 94-10-481, § 7, 10-18-94)

Batesville Code of Ordinances § 8-88 Expiration of license.

Sec. 8-88. - Expiration of license. All licenses issued under the provisions of this article shall expire ninety (90) days after the date of issuance thereof, unless a prior date is fixed therein. (Ord. No. 94-10-481, § 8, 10-18-94)

Batesville Code of Ordinances § 8-89 Failure to comply with ordinances unlawful.

Sec. 8-89. - Failure to comply with ordinances unlawful. It shall be unlawful and shall constitute a misdemeanor for any transient vendor to transact transient business in the corporate limits of the city, unless and until such transient vendor first shall have complied with all the provisions of this article. Upon conviction of an offense of violating any provision of this article, a person shall be punished and penalized as set out in this article. (Ord. No. 94-10-481, § 9, 10-18-94)

Batesville Code of Ordinances § 8-90 Penalties and punishment.

Sec. 8-90. - Penalties and punishment. The violation of any provision of this article shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding ninety (90) days; and the cost of prosecution, or by both such fine and imprisonment in the discretion of the municipal judge. Each day that any violation of any provision of this article shall continue constitutes a new and separate offense. (Ord. No. 94-10-481, § 10, 10-18-94)

Batesville Code of Ordinances § 8-91 Public nuisance.

Sec. 8-91. - Public nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed to be and shall constitute a public nuisance and may be abated by the city, as provided by law, and each day that such condition shall continue shall constitute a new and separate offense. (Ord. No. 94-10-481, § 11, 10-18-94)

Source: City of Batesville, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/batesville/codes/code_of_ordinances?nodeId=COOR_CH8LIBURE_ARTIVTRVEFetched: 10/31/2026