Chapter 3.15
TRANSIENT MERCHANTS

Sections:

3.15.010    Entry into residences.

3.15.020    Sales tax.

3.15.030    Licenses.

3.15.040    Definition.

3.15.050    Violation—Penalty.

3.15.010 Entry into residences.

No transient or itinerant merchant, as defined in this chapter, shall enter into and upon private residences in the city for the purpose of the sale of, or the soliciting of orders for the sale of subscriptions, goods, wares or merchandise, or for the purpose of disposing of or peddling or hawking the same, not having been required or invited so to do by the owner or owners, occupant or occupants of such private residence. (Ord. O-93-6-6 § 1 (part), 1994)

3.15.020 Sales tax.

Nothing in this chapter shall be construed as permitting sales under the provisions and requirements of this chapter without the collection by the person, licensed hereunder, of the city sales tax, and the filing with the city clerk of all forms reporting tax collected, and payment of the tax to the clerk. (Ord. O-93-6-6 § 1 (part), 1994)

3.15.030 Licenses.

(a) The fee required to be paid to obtain the license to engage in the transient and itinerant trades, as herein set forth, shall be five dollars per day, except during February and March when the fee shall be two hundred fifty dollars per day, and such license shall be procured from the city clerk prior to engaging in business in the city for each particular day; provided, however, such trader or merchant, as defined in this chapter, may purchase a license to cover a period of time in excess of one day by paying the multiple fee of the period desired, such license not to exceed at any one time, the period of thirty days. No license shall be issued for less than five dollars, even though a portion of the day for which it is issued has passed. The city clerk shall deliver to the purchaser of any license procured hereunder, a license form, which shall indicate the purchaser’s name, the date purchased, the amount of fee paid, the date of expiration of the license, and the signature of the city clerk shall appear thereon. Such license form shall be carried on the person or posted for public view in the site of business at all times during its effective period.

(b) If two or more persons are associated in any such transient or itinerant business, as defined in this chapter, each such person shall be considered an entity in business, and each shall be required to purchase a license hereunder. (Ord. O-93-6-6 § 1 (part), 1994)

3.15.040 Definition.

The words “transient merchant,” “transient trader,” “hawker,” “peddler,” or other such trader as herein set forth, shall be construed to mean and include all persons, both principals and agents, who have not paid taxes to the city upon their stock of goods, wares and merchandise, and who engage in temporary, transient or itinerant retail business in the city, or in traveling from place to place therein selling or attempting to sell, or taking orders for subscriptions for goods, wares or merchandise. No transient merchant, trader, hawker, peddler or other, as herein defined, shall be exempted from the provisions of this chapter by reason of associating himself temporarily with any local dealer, or by establishing a temporary site of business, and every transient or itinerant merchant, as herein defined, before engaging in business and before advertising or exposing his wares, goods or merchandise, for sale or subscription, shall procure a license from the city clerk as herein provided, and shall pay the fee therefor required. No such license shall be required of any person for any license year in which the person has paid taxes to the city upon his stock of goods, wares or merchandise under the provisions of ordinances of the city providing therefor. This section does not apply to orders taken by commercial travelers in the usual course of business or to bona fide sales of merchandise or goods by sample for future delivery. (Ord. O-93-6-6 § 1 (part), 1994)

3.15.050 Violation—Penalty.

Violation of any provision of this chapter constitutes an infraction punishable by a fine as provided in NCO Section 1.20.040 plus any surcharge required to be imposed by AS 12.55.039. Each day of a violation is a separate offense. (Ord. O-14-01-02 § 6, 2014: Ord. O-99-11-3 § 4, 1998: Ord. O-93-6-6 § 1 (part), 1994)