Chapter 5.40
TRAVELING MERCHANTS

Sections:

5.40.010    Defined.

5.40.020    License—Required—Exception.

5.40.030    License—Application.

5.40.040    Investigation—Fee.

5.40.050    Place of business—Limitations.

5.40.060    Posted premises—Advertising material.

5.40.070    License revocation.

5.40.080    Fraud.

5.40.090    Violation—Penalty.

5.40.010 Defined.

As used in this chapter, “traveling merchant” includes:

A. Any merchant entering into business at any place within the State of Nevada for a period of less than six months;

B. Any person vending from any freight car standing on sidetracks or from any motortruck or other vehicle;

C. Any hawker, street vendor, peddler or traveling manufacturer. (Ord. 12-16-85A § 1(11.1))

5.40.020 License—Required—Exception.

A. Except as provided in subsection (B) of this section, it is unlawful for any traveling merchant to engage in business without having first secured a license therefor.

B. Pursuant to NRS 650.040, the provisions of HCC 5.40.010 through 5.40.040 do not apply to persons engaged in the disposal of fruits, vegetables, eggs or honey if the vendor is a bona fide producer or grower thereof and transports such products from the place of production or growing to the place of sale in a vehicle owned by him. (Ord. 12-16-85A § 1(11.2))

5.40.030 License—Application.

An application for a license shall be made in writing to the county clerk, and shall state the following:

A. The number of vehicles to be used;

B. A description of the merchandise to be sold; and

C. The permanent address of the seller. (Ord. 12-16-85A § 1(11.3))

5.40.040 Investigation—Fee.

Investigation of the license application, and the fee charged therefor, shall be in accordance with HCC 5.04.050. (Ord. 12-16-85A § 1(11.4))

5.40.050 Place of business—Limitations.

A traveling merchant shall not conduct business on any street, sidewalk, park, parkway or other public place unless his license specifies that such activity in such public place is permitted thereunder. (Ord. 12-16-85A § 1(11.5))

5.40.060 Posted premises—Advertising material.

A. A traveling merchant shall not contract, accost or approach, for purposes of solicitation or peddling, any premises if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Solicitors or Agents,” “No Salesmen” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or to have their right of privacy disturbed.

B. A traveling merchant shall not distribute, deposit, place, throw, scatter or cast any material advertising the cause for which they are soliciting upon any residential premises if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Solicitors or Agents,” “No Salesmen” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested, or to have their right of privacy disturbed, or to have any such advertising materials left upon such premises. (Ord. 12-16-85A § 1(11.6))

5.40.070 License revocation.

The county clerk may revoke any traveling merchant’s license upon complaint that he has:

A. Misrepresented his goods;

B. Violated any ordinance of the county;

C. Conducted himself in a disorderly manner; or

D. Entered upon the premises of any person without the permission or consent of that person. (Ord. 12-16-85A § 1(11.7))

5.40.080 Fraud.

Any licensed traveling merchant who perpetrates any fraud, deception or misrepresentation, whether through himself or through an agent or employee, while acting as a traveling merchant in this county, or who barters, sells or peddles any goods, merchandise or wares other than those specified in his application for a license is guilty of a violation of this chapter. (Ord. 12-16-85A § 1(11.5))

5.40.090 Violation—Penalty.

A. A traveling merchant who violates any provision of this chapter shall be fined not less than fifty dollars nor more than one thousand dollars for each offense.

B. Each day on which a violation occurs constitutes a separate offense. (Ord. 12-16-85A § 1(11.8))