TRANSIENT VENDORS

Gulfport Code of Ordinances ch. 5, art. IV, div. 3

in effect

Gulfport Code of Ordinances § 5-123 Definitions.

Sec. 5-123. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Transient business means any business conducted for the sale of merchandise or services that is carried on in any building, structure, motor vehicle, railroad car or real property for a period of less than six (6) months in each year. Transient vendor means any person who transacts transient business in this city either in one (1) locality or by traveling from place to place in this city. 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.

Gulfport Code of Ordinances § 5-124 Applicability.

Sec. 5-124. - Applicability. (a) The provisions of this division shall not apply to: (1) Civic and nonprofit organizations, wholesale sales to retail merchants by commercial travelers, or agents selling in the usual course of business; (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, 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, except nursery products and foliage plants; or (10) Sales made by a seller at residential premises under an invitation issued by the owner or legal occupant of the premises unless the sales are made by a transient vendor or his agent at the premises. (b) A transient vendor not otherwise exempted from this division is not exempted from this division 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.

Gulfport Code of Ordinances § 5-125 Compliance generally.

Sec. 5-125. - Compliance generally. A transient vendor may not transact business in this city unless the vendor, and the owner of the merchandise or provider of the services to be offered if the merchandise is not owned or the services are not provided by the vendor, has secured a license in accordance with this division and otherwise complied with this division.

Gulfport Code of Ordinances § 5-126 License.

Sec. 5-126. - License. A transient vendor who desires to transact business in this city shall apply for and obtain a license in this city. A license issued by the city authorizes a transient vendor to transact business within the city.

Gulfport Code of Ordinances § 5-127 Contents of license application.

Sec. 5-127. - Contents of license application. (a) A license application under this division shall be filed with the city tax collector 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 applicant has acquired all other required city, county and state permits and licenses. (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.

Gulfport Code of Ordinances § 5-128 License forms.

Sec. 5-128. - License forms. License applications, license certificates and license renewals issued under this division shall be on uniform forms prepared by the state tax commission.

Gulfport Code of Ordinances § 5-129 Registered agent; city records; service of process.

Sec. 5-129. - Registered agent; city records; service of process. (a) Each applicant for a transient vendor license shall designate a registered agent on the license application. The registered agent must be a resident of the city and shall be the agent on whom any process, notice or demand required or permitted by law to be served on the licensee may be served. The registered agent must agree in writing to act as the agent. The license applicant shall file a copy of the agreement with the license application. (b) The city tax collector shall maintain an alphabetical list of all transient vendors in the city and the names and addresses of their registered agents. (c) If a transient vendor who does business in the city fails to have or to maintain a registered agent in the city or if the designated registered agent cannot be found at the stated permanent address, the city tax collector is the agent of the transient vendor for service of process, notices or demands. Service on the tax collector is made by delivering to his office duplicate copies of the process, notice or demand. If such a process, notice or demand is served on the tax collector, he shall immediately forward one (1) copy by registered or certified mail to the permanent address of the transient vendor. (d) This section does not limit or otherwise affect the right of any person to serve a process, notice or demand in any other manner authorized by law.

Gulfport Code of Ordinances § 5-130 License fee; bonds.

Sec. 5-130. - License fee; bonds. (a) Each applicant for a transient vendor license shall include a license fee 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 the city; (2) Any fines assessed against the applicant or the applicant's agents or employees for a violation of this division; 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. (b) The transient vendor shall maintain such bond during the period that the vendor conducts business in the city and for a period of one (1) year after the termination of the business. After the transient vendor furnishes satisfactory proof to the city tax collector that the vendor has satisfied all claims of purchasers of merchandise from or services offered by the vendor and that all sales taxes and other applicable taxes have been paid, the bond shall be released. (c) Transient vendors and traveling photographers shall, in advance of any solicitations, furnish to the city a good and sufficient penal bond in the amount of one thousand dollars ($1,000.00) conditioned that if such transient vendors and traveling photographers shall comply with all of the provisions of the city ordinances relating to transient vendors and traveling photographers such obligation shall be void, otherwise, to remain in full force and effect.

Gulfport Code of Ordinances § 5-131 Issuance, transfer, validity, expiration and renewal of license.

Sec. 5-131. - Issuance, transfer, validity, expiration and renewal of license. (a) The city tax collector shall issue a transient vendor license under this division only if all requirements of this division have been met. The license is not transferable and is valid only within the territorial limits of the city. A license expires ninety (90) days after the day of issuance. (b) A license may be renewed on payment of a twenty-five dollar ($25.00) renewal fee and filing for renewal with the city tax collector before the expiration of the current license.

Gulfport Code of Ordinances § 5-132 Postings; vendor's record.

Sec. 5-132. - Postings; vendor's record. While transacting his business, a transient vendor shall post in a prominent place, so that they may clearly be seen by purchasers of the merchandise or services which he is offering, his state sales tax number, his transient vendor license number, and a statement that he is required to give purchasers, at the time of payment, receipts for purchases that include sales tax. The postings required in this section shall be written in bold, legible letters and numbers not less than one (1) inch in height. The transient vendor shall keep a running total of his sales.

Gulfport Code of Ordinances § 5-133 Violations.

Sec. 5-133. - Violations. Any person who knowingly or intentionally operates a transient business without a valid license as provided by this division or who knowingly or intentionally advertises, offers for sale, or sells any merchandise or services in violation of this division shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or be imprisoned not more than ninety (90) days, or be both fined and imprisoned. Such person may also be proceeded against by suit, and the city tax collector may seize and sell any property of the person liable for the tax and penalty in the same manner as property of taxpayers delinquent for the payment of ad valorem taxes due on personal property may be distrained and sold.

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH5LIBURE_ARTIVPESOTRVE_DIV3TRVEFetched: 11/1/2026