It shall be unlawful for any hawker, peddler, solicitor, non-profit-making
vendor or canvasser to sell or dispose of or offer to sell or dispose of any
goods, wares or merchandise within the Town of Dover without first obtaining
a license and having paid the license fee hereinafter prescribed. It shall
be unlawful for any peddler as defined herein to purchase or offer to purchase
any junk or any other goods, wares or merchandise within the Town of Dover
without first obtaining a license and paying the license fee hereinafter prescribed.
As used in this chapter, the following terms shall have the meanings
indicated:
NON-PROFIT-MAKING VENDOR
A person who sells goods or solicits goods, the proceeds of which
are devoted exclusively to the purpose of a philanthropic, charitable or religious
society on whose behalf he acts as an agent without pay.
PEDDLER
A person commonly referred to either as a "peddler" or a "hawker"
who goes from place to place by traveling on the streets either by foot, wagon,
motor truck or any other type of conveyance, or from house to house, and carries
his goods, wares and merchandise for the purpose of selling and delivering
them to consumers. A "peddler" may also be known as a "hawker" or "vendor."
A person who goes from place to place by traveling on the streets or from
house to house for the purpose of purchasing goods in said places or houses,
including the purchase of junk or any household goods, shall come within this
definition.
PERSON
Includes the singular and plural and shall also mean and include
any person, firm, corporation or partnership.
SOLICITOR
A person, also known as a "canvasser," selling goods by sample or
taking orders for future delivery with or without accepting an advance payment
for the goods; or such person may be taking a poll or a survey from house
to house or on the streets or distributing advertisements or handbills.
[Amended 7-28-1981 by Ord. No. 7-1981]
A. Following the filing of the application, the Chief of
Police shall verify the information contained therein. The Chief of Police
shall issue licenses to all applicants except those who have been convicted
of a crime, within 10 days from the date of the filing of a complete application
form and having been photographed and fingerprinted by the Police Department.
B. In the event of the refusal of the issuance of such license,
the Mayor and Board of Aldermen on written request of the applicant shall
conduct a hearing to determine whether the license should be granted under
this chapter. Such request must be filed with the Town Clerk no later than
14 days after the rejection of the application by the Police Chief.
[Amended 7-28-1981 by Ord. No. 7-1981]
A. The fee for all licenses issued under this chapter shall
be $25.
[Amended 11-26-1991 by Ord. No. 38-1991]
B. All licenses issued under this chapter shall terminate
on the last day of May of any calendar year.
No person shall solicit or canvass or engage in any activity permitted
by this chapter before the hours of 10:00 a.m. or after 5:00 p.m. nor on Sundays
or holidays unless otherwise authorized by the Mayor and Board of Aldermen
of the Town of Dover.
The equipment used or employed by peddlers, barkers and vendors of ice
cream, foods, beverages, confections and other related commodities shall be
maintained in a clean and sanitary manner and be subject to the inspection
of the Board of Health or its authorized agents. Any violation found and not
immediately corrected shall be grounds for revocation of the license.
No licensee nor any person in his behalf shall shout, cry out, blow
a horn, ring a bell or use any sound device or sound-amplifying system upon
any of the streets, alleys, parks or other public or private places within
the town or contiguous to the town whereby a nuisance shall be created in
the town.
No licensee shall have any exclusive right to any one place upon any
sidewalk or any street and shall not be permitted to operate a congested area
where his operation might impede or inconvenience the public. For the purpose
of this chapter, the judgment of the police officer exercised in good faith
shall be deemed conclusive as to whether the area is congested or the public
impeded or inconvenienced.
[Added 7-28-1981 by Ord. No. 7-1981]
No peddler shall commence to solicit within the Town of Dover unless,
at least 24 hours prior thereto, said peddler has given written notice to
the Police Department of the Town of Dover of the dates and times wherein
said peddler shall solicit and to the extent possible the streets and locations
upon which he shall solicit on each of the days upon which he has given notice
that solicitation shall occur.
[Added 7-28-1981 by Ord. No. 7-1981]
Approved applicants shall be issued a laminated identification card
that includes a photograph of the licensee. The licensee must carry this identification
card on his person at all times while peddling.