Chapter 3-4
PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS
SECTION:
3-4-2: LICENSE AND PERMIT REQUIREMENTS; FEES
3-4-3: APPLICATION FOR LICENSE
3-4-4: INVESTIGATION AND ISSUANCE OF LICENSE
3-4-6: BADGE AND LICENSE EXHIBITION; ENFORCEMENT
3-4-7: ADDITIONAL REQUIREMENTS
3-4-8: PRIVATE RESIDENCES, INVITATION REQUIRED
3-4-1 DEFINITIONS:
For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:
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CANVASSER OR SOLICITOR: |
Any individual, whether or not a resident of the city, traveling either by foot, wagon, motor vehicle, or other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales; provided, that this definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel or motel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. |
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PEDDLER: |
Shall include any person, whether or not a resident of the city, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle, railroad car, or other vehicle or conveyance; and further provided, that one who solicits orders |
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and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include the words "hawker" and "huckster". |
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TRANSIENT MERCHANT, ITINERANT MERCHANT OR ITINERANT VENDOR: |
Any person, firm or corporation, whether as owner, agent, cosignee or employee, whether or not a resident of the city, who engages in a temporary business of selling and delivering goods, wares, merchandise or services within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or any street, alley, or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of, any local dealer, trader, merchant or auctioneer. (Ord. 15, 1-12-1983) |
3-4-2 LICENSE AND PERMIT REQUIREMENTS; FEES:
A. Licenses And Permits Required: It shall be unlawful for:
1. A transient merchant, itinerant merchant or itinerant vendor to engage in such business without first obtaining a license.
2. Any person to engage in the business of peddler without first obtaining a license therefore as provided in this chapter.
3. Any solicitor or canvasser to engage in such business without first obtaining a permit and license therefore in compliance with the provisions of this chapter.
B. Fees:
1. The license fee which shall be charged by the city recorder for any license issued pursuant to this chapter shall be in such amount as established by resolution of the city council.
2. None of the license fees provided for by this chapter shall be applied so as to engage an undue burden upon interstate commerce. In any case where a license fee is believed by the licensee or applicant for license to place an undue burden upon interstate commerce, he or she may apply for an adjustment of the fee under subsection 3-1-6D of this title.
C. Term Of License: All licenses issued pursuant to this chapter shall expire on the date specified on the license. (Ord. 15, 1-12-1983; amd. 2007 Code)
3-4-3 APPLICATION FOR LICENSE:
A. Filing Of Application; Required Information: Applicants for permits and licenses under this chapter shall file a sworn application in writing signed by the applicant, if an individual; by all partners, if a partnership; and by the president, if a corporation; or by an agent, including a state or regional agent, with the city recorder. Such application shall give the following information:
1. The name of the applicant, and if the applicant is an employee or agent of a corporation, the name of the corporation.
2. The address of the applicant, and if the applicant is an agent or employee of a corporation, the address of the corporation.
3. A brief description of the nature of the business, the goods to be sold and from whom or where the applicant obtains the goods to be sold.
4. If the applicant is employed by, or is an agent of another person, the name and permanent address of such other person or persons.
5. The length of time for which the applicant desires to engage in business within the city.
6. The place or places within the city where the applicant proposes to carry on his or her business.
7. A list of the other municipalities in which the applicant has engaged in business within the six (6) month period preceding the date of the application.
8. A photograph of the applicant, taken within six (6) months immediately prior to the date of filing the application, which photograph shall be two inches by two inches (2" x 2") showing the head and shoulders of the applicant in a clear and distinguishing manner.
9. A statement as to whether or not the applicant, or any of his employers, has been convicted of any crime, misdemeanor or violation of any city ordinance, the nature of the offense and the punishment or penalty assessed therefore.
10. If the applicant is employed by another person, firm or corporation, documents showing that the person, firm or corporation for which the applicant proposes to do business is authorized to do business within the state. (Ord. 15, 1-12-1983)
B. Payment Of Fees: In addition to the above, at the time of filing the application, a fee in such amount as established by resolution of the city council, which shall be deposited with the city recorder, is required. (Ord. 15, 1-12-1983; amd. 2007 Code)
3-4-4 INVESTIGATION AND ISSUANCE OF LICENSE:
A. Investigation Of Applicant: Upon receiving the application, the city recorder shall cause such investigation of the applicant's business and moral character to be made as deemed reasonable and necessary for the protection of the public good.
B. Denial Of Application:
1. If, as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory, the city recorder shall endorse such upon the application together with a statement of her reasons therefore and shall notify the applicant that his application has been disapproved and that no permit and license will be issued.
2. Applicant shall be entitled to a hearing, with notice, before the city council, if requested.
C. Issuance Of License And Permit:
1. If, as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the city recorder shall endorse such upon the application and shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license.
2. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee and the kind of goods to be sold pursuant to the application, together with an expiration date. (Ord. 15, 1-12-1983)
3-4-5 EXCEPTIONS:
The provisions of this chapter shall not apply to any individual who is, at the time he is engaged in any activity which would otherwise require licensing by this chapter, engaged in an activity which is authorized by any church or charity which has a permanent structure located within the state for at least six (6) months prior to the date when the individuals are engaged in the activity which would otherwise require licensing by this chapter. (Ord. 15, 1-12-1983)
3-4-6 BADGE AND LICENSE EXHIBITION; ENFORCEMENT:
A. Badge: The city recorder shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "licensed solicitor", "licensed transient merchant", or "licensed peddler" as the case may be, for which the application was made and the license issued, and the number of the license, in letters and figures easily discernible from a distance of five feet (5'). Such badge shall, during the time peddlers or solicitors are engaged in the business for which they are licensed, be worn constantly by them on the front of their outer garment in such a way as to be conspicuous.
B. Exhibit License Upon Request: Any person licensed pursuant to this chapter shall exhibit his or her license at the request of any citizen of the city.
C. Enforcement By Police: It shall be the duty of any police officer of the city to require any person seen soliciting, canvassing or peddling, and who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this chapter. (Ord. 15, 1-12-1983)
3-4-7 ADDITIONAL REQUIREMENTS:
This chapter shall not be construed so as to waive the provisions and requirements of any other ordinance of the city or other applicable provisions of this title, and the requirements and fees required in this chapter shall be in addition to any other requirements and fees of any other ordinance of the city. (Ord. 15, 1-12-1983)
3-4-8 PRIVATE RESIDENCES, INVITATION REQUIRED:
The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owners or occupants of said private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or for the purpose of disposing of and/or peddling or hawking the same, is hereby declared to be a nuisance and punishable as such nuisance as a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code. Any fine imposed under this section, if not paid in cash, may be satisfied by execution against the personal property and personal effects of the defendant. (1957 Code § 16-8; amd. 2007 Code)
3-4-9 REVOCATION OF LICENSE:
A. Causes For Revocation; Hearing: Permits and licenses issued pursuant to this chapter may be revoked by the city council, after notice and opportunity for hearing, for any of the following causes: (Ord. 15, 1-12-1983; amd. 2007 Code)
1. Fraud, misrepresentation or a false statement contained in the application for the license.
2. Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or canvasser.
3. Any violation of this chapter.
4. Conviction of any crime or misdemeanor involving moral turpitude.
5. Conducting the business of soliciting, or of canvassing in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. Notice Of Hearing: Notice of the hearing for revocation of license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address or at the address shown on his application. (Ord. 15, 1-12-1983)