[HISTORY: Adopted by the Town Board of the Town of Lima 4-21-1983. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Hawking, Peddling and Soliciting Ordinance of the Town of Lima."
This chapter is enacted for the purpose of regulating and controlling itinerant merchandising of goods and services in order that the peace, health, safety, welfare and good order of the Town and its inhabitants shall not be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or premises in which or where the person transacts business and deals in the goods or services he hawks or peddles in the ordinary and regular course of business.
HAWKER and PEDDLER
Includes, unless otherwise herein provided, any person who engages in merchandising any goods or services by going from house to house, place of business to place of business or in any public street or public place or by temporarily occupying a room, building or other premises therefor.
MERCHANDISING
The selling, bartering or trading or offering to purchase, sell, barter or trade any goods or services.
PERSON
Includes any individual, firm, partnership, corporation, unincorporated association and principal or agent thereof.
SOLICITOR
Includes any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise and for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. The term "solicitor" shall not apply to a person selling milk, newspapers and food distributed on regular customer routes.
TEMPORARY OCCUPATION
The use of a store, room or any other premises intended to be occupied only for the period of time necessary to hawk or peddle the goods therein housed initially without the intent to replenish or restock such goods.
Merchandising any goods or services within the Town of Lima without first having obtained a license therefor from the Clerk of the Town is hereby prohibited.
The license required under § 185-4 above shall not be required in the following cases;
A. 
An honorably discharged member of the armed forces who is crippled as a result of injuries received while in the naval or military service of the United States.
[Amended 11-6-1997 by L.L. No. 3-1997]
B. 
Any person soliciting at the prior express invitation of the person solicited or serving an established customer.
C. 
A wholesaler selling articles to dealers or merchants who have an established place of business in the Town.
D. 
A truck gardener or farmer who himself or through his employees vends, sells or disposes of the products of his own farm or garden.
E. 
A child regularly attending any public or parochial or private school serving the Town; or a representative of any established church maintaining a place of worship within the Town; or a member of a veterans' organization, provided that such organization has and maintains a chapter, post, camp or lodge within the Town, or a member of a fraternal organization or civic group which maintains a chapter or local group within the Town; and further provided that any such person coming within the provisions of any exemption shall only hawk, peddle or solicit in connection with an authorized activity of his organization or church.
Every applicant for a license is required to submit to the Town Clerk a written application supplying under oath the following information:
A. 
The name of the applicant.
B. 
Permanent home address.
C. 
The name and address of firm represented, if any.
D. 
The length of time for which the license is required.
E. 
A description of the goods to be offered for sale or a statement as to the type of service to be offered.
F. 
The number of arrests or convictions for crime and the nature thereof.
G. 
If the applicant represents a company, he must attach a letter of authorization from the said company.
[Amended 11-6-1997 by L.L. No. 3-1997]
Upon receipt of the application and of the license fee and after consultation with the Town Board to determine the applicant's qualifications, the Town Clerk shall issue or deny a license to the applicant, specifying the particular business authorized, if a license is issued. This license shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the business licensed. The license shall be produced upon the demand of any Town official or prospective buyer.
The Town Clerk shall keep a record of the applications, the determinations thereon and of all licenses issued under this chapter. All licenses shall expire one year from the date of issuance.
The license fee for each applicant shall be established by resolution by the Town Board of the Town of Lima.
A license may be summarily revoked by the Town Clerk after consultation with the Town Board by reason of falsification in applying for a license or for hawking, peddling and soliciting in a manner that is obnoxious to the residents of the Town or for creating or continuing a nuisance in the Town streets.
[Amended 11-6-1997 by L.L. No. 3-1997]
Any person who shall act as a hawker, peddler or solicitor as herein defined without a license or shall continue to act as a hawker, peddler or solicitor subsequent to the revocation of his license shall be guilty of an offense and shall be liable to a penalty of no more than $250 or imprisonment not to exceed 15 days, or both, for each day on which such violation continues.