5B.1 Definitions.

Solicitor. Shall be defined as any person who engages in the business of going from house to house, place to place, in or along the streets, within the city selling or taking orders for or offering to sell or take orders for goods, wares or merchandise or other things of value for future delivery or for services to be performed in the future.

Peddlers. Shall be defined as any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise or thing in the possession of the seller at any place in the city other than a fixed place of business, but shall not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies.

Itinerant merchant. An itinerant merchant under this ordinance shall be deemed and construed to mean and include any person or persons, firm or corporation, either principal or agent, employer or employee who engages in a temporary business in the city by selling or offering for sale goods, wares, merchandise or things or articles of value for a period of not more than one hundred ninety days and who, for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or stand on any real property or on adjoining any street or public place in the city. The person firm or corporation so engaged shall not be relieved from the provisions of this section by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by reason of conducting such temporary business in connection with or as a part of any local business or in the name of any local dealer, trader, merchant or auctioneer.

5B.2 Permit required.

It shall be unlawful to conduct a business of soliciting, peddling and engaging in the business of an itinerant merchant within the city, unless a valid permit has been issued to the solicitor, peddler and itinerant merchant of such an activity by the director of public safety of the city. Such permit shall be required prior to the issuance of any business license required by any other ordinance of the city.

5B.3 Permit application.

Any interested person desiring such a permit required by this chapter shall make application with the chief of police at least thirty (30) days prior to the proposed date of conducting the business activity. The application must set forth:

(a)    The name and address of the company or firm for which orders are to be secured.

(b)    The name and address of the nearest local or state manager.

(c)    The kind of goods, wares or merchandise to be delivered.

(d)    The place from which the same are to be shipped or forwarded.

(e)    The method of solicitation or of taking orders.

(f)    The location of any warehouse, factory or plant within the state and the method of delivery.

(g)    The name and location of the residence of the applicant.

(h)    Such other information as the chief of police may deem necessary.

(i)    A statement certifying:

(1)    The correctness of the information given on the application.

(2)    Bond Required. All solicitors, peddlers, and itinerant merchants requiring cash deposits or who require a contract of agreement to finance the sale of any goods, services or merchandise for future delivery or for services to be performed in the future shall furnish to the city a bond in the sum of five thousand dollars executed by the bound principal and any reliable surety company. Such bond shall be conditioned upon the making of final delivery of the goods ordered or services to be performed in accordance with the terms in such order or failing therein that the advance payment on such order be refunded within sixty days from the contract delivery date.

Any person aggrieved or damaged by the action of any such peddler, solicitor or itinerant merchant shall have the right of action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, for a period of ninety days after the expiration of such license, unless sooner released by action of the city council.

5B.4 Permit fee and duration.

Each initial application for a permit required by Section 5B.2 shall be accompanied by a nonrefundable fee designated by City Council Resolution. Initial permits shall be valid until January 31 of the year following issuance. Applications for renewals shall be accompanied by a nonrefundable fee designated by City Council Resolution, and renewal permits shall be valid for a one-year period from January 31. (Ord. No. 84-5, § 1; Ord. No. 2008-04, § 3.)

5B.5 Exemptions.

(a)    Persons exempted from the payment of a business license tax under the provisions of Chapter 10B shall be exempted from the payment of the permit fee under section 5B.4.

(b)    Any person who claims to be entitled to an exemption from the payment of a permit provided for in section 5B.4 upon the grounds that he or she is employed by a charitable or fraternal organization shall file a written notarized affidavit disclosing the following information: A list of all officers of such organization, a financial statement for the most recent fiscal year, the name of the immediate supervisor, and any other information which the chief of police and finance director may require to establish such claim of exemption. Thereupon, such application shall be forwarded to the chief of police for action upon the same and no such solicitor shall be entitled to solicit in the city unless and until such organization has obtained such permit. (Ord. No. 85-4, § 1.)

5B.6 Issuance or denial.

If all requirements of this chapter are adhered to, the chief of police shall issue such permit. If any or all requirements have not been met, the chief of police shall not issue such permit.

5B.7 Permit and identification and display.

Any peddler or solicitor being duly licensed according to the provisions of this chapter and chapter 10B of the city code shall, carry on his person at all times while operating in the city a solicitor’s permit as furnished by the chief of police. This permit shall serve as a notice to the public that such solicitor is duly licensed by the city and has the necessary approval of the chief of police. (Ord. No. 93-9, § 5.)

Any person soliciting or peddling, whether licensed by this chapter and chapter 10B of the city code, including those who claim exemptions from the payment of a license tax under section 10B.15, will be required to obtain an identification card from the department of public safety before soliciting or peddling in the city and shall be required to pay in advance the required sum established by the chief of police to provide the required identification card and photographs. Such identification card shall be issued only after the proper inquiry is made by the chief of police. Such person shall have his identification card containing his picture and thumbprint in his possession at all times during which he is engaged in any business provided for in this section. If, in the judgment of the chief of police, his investigation of the applicant discloses that the issuance of an identification card authorizing any such person to do business in the city, whether payment of a license tax is required of such person or not, may be detrimental to the public peace, morals, health, safety or general welfare, or that the applicant is not of good moral character or has been convicted of any violation of the law involving moral turpitude, he shall deny the issuance of an identification card.

If the identification card is sought by a person soliciting or peddling newspapers, magazines or other printed matter, or other products or services consisting of noncommercial speech protected by the First Amendment, the identification card shall be issued unless the person has been convicted of a violation of this chapter or any law relating to fraud or moral turpitude.

This section is for the purpose of regulating peddlers and solicitors under the police powers of the city to preserve the peace and general welfare of the community and is not for the purpose of revenue, as is the case in the collection of license fees provided for elsewhere in the city code.

Failure to display the same to any authorized law enforcement officer may be grounds for suspension or revocation of such permit. (Ord. 88-12 § 1.)

5B.8 Validity of identification cards.

Identification cards issued pursuant to section 5B.7 shall be valid for a period of three years from the date of issuance. (Ord. No. 84-5, § 2.)

5B.9 Time limit on operation of peddler in one location.

A peddler may operate in one general location for no longer than thirty minutes. (Ord. No. 93-7, § 3.)

5B.10 Restricting peddling (vending) near public elementary or middle schools.

A person operating a vehicle, cart, trailer, or other device that is distributing or selling food, services or merchandise shall not stop, stand, or park on any street within three hundred feet of the property line of any public elementary or middle school between the hours of 1:00 p.m. and at 3:30 p.m. on days when school is in session. (Ord. No. 93-27, § 1.)(Ord. No. 93-9, § 5.)