MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Ways and Means

By: Representative McBride

AN ACT TO AMEND SECTION 75-85-15, MISSISSIPPI CODE OF 1972, TO INCREASE FROM 90 DAYS TO 12 MONTHS THE TIME PERIOD AFTER WHICH A TRANSIENT VENDOR LICENSE WILL EXPIRE; TO BRING FORWARD SECTION 75-85-13, MISSISSIPPI CODE OF 1972, WHICH SETS THE AMOUNT OF THE LICENSE FEE ASSOCIATED WITH A TRANSIENT VENDOR LICENSE, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-85-15, Mississippi Code of 1972, is amended as follows:

75-85-15. (1) The county tax collector and the municipal tax collector shall issue a transient vendor license under this chapter only if all requirements of this chapter have been met. The license is not transferable and is valid only within the territorial limits of the issuing county or municipality. A license expires twelve (12) months after the day of issuance.

(2) A license may be renewed on payment of a Twenty-five Dollar ($25.00) renewal fee and filing for renewal with the county tax collector or municipal tax collector, as the case may be, before the expiration of the current license. A license may be renewed only one (1) time after which a licensee must once again purchase a new license pursuant to the provisions of Section 75-85-13, Mississippi Code of 1972.

SECTION 2. Section 75-85-13, Mississippi Code of 1972, is brought forward as follows:

75-85-13. (1) Each applicant for a transient vendor license shall include a license fee set by the governing authority of the county or municipality not to exceed Two Hundred Fifty Dollars ($250.00) with the application, which fee shall be deposited in the general fund of the county or municipality that issues the license. 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 percent (5%) 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: (a) all taxes due from the applicant to the state or to a political subdivision of the state; (b) any fines assessed against the applicant or the applicant's agents or employees for a violation of this act; and (c) 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.

(2) The transient vendor shall maintain the bond during the period that the vendor conducts business in the county or municipality and for a period of one (1) year after the termination of the business. After the transient vendor furnishes satisfactory proof to the county tax collector or municipal tax collector, as the case may be, 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.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.