A. Before any license as provided herein shall be issued for engaging in the business of a transient merchant, as defined in this chapter, every applicant, plying his or her trade as an individual, shall file with the city clerk cash or a surety bond running to the city in the amount of one thousand dollars ($1,000.00). Every business, firm, company or corporation, which has employees or agents acting in the capacity of a transient merchant, shall file with the city cash or a blanket surety bond covering all such employees or agents and running to the city in the amount of five thousand dollars ($5,000.00).

B. Every bond for those engaging in a transient merchant as defined in this chapter, shall be executed by the applicant as principal and listing at least one surety upon which service of process may be made in the state of Arizona. The form of the bond shall be approved by the city attorney.

C. The bond shall contain language stating that the applicant and all of the applicant’s agents and employees shall comply fully with all of the provisions of the laws of the city and the state statutes regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against said applicant for any violation, together with all judgments and costs that may be recovered against him or her by any person for damage arising out of any misrepresentation or deception practiced on any person transacting any such business with such applicant or its agents or employees, either at the time of making a sale or through any advertising of any nature whatsoever, printed or circulated with reference to the goods, wares, merchandise sold or any part thereof; and, that the said applicant and all of the applicant’s agents and employees shall comply fully with all of the provisions of the laws of the city and the state statutes regulating and concerning the business and guaranteeing to any citizen of the city that all money paid as a down payment will be accounted for and applied according to the representations of the transient merchant, and further guaranteeing any citizen of the city, doing business with the transient merchant that the property purchased will be delivered according to the representations made. Action on the bond may be brought in the name of the city to the use of the aggrieved person or directly by the aggrieved person. (Ord. 04-004 (part), 2004)