Any person charge by complaint filed of engaging in the business of transient merchant without first obtaining a license to do so, and who claims to be a permanent merchant, may, in the discretion of the court and in lieu of the payment of a fine or other penalty, and as a condition of transacting business as a vendor of merchandise without the payment for such license fee, be required to give a surety company bond to the city in the peanl sum of one thousand dollars to secure the payment of the license fee in the event that he fails to become a permanent merchant; provided, that if such person remains in business in the city for six months he shall be deemed and considered a permanent merchant. (Ord. 2028 §5, 1941).