[Derived from See. 113 of Ch. XXV of the Charter and Ordinances,
1974]
No person, firm or corporation shall distribute or cause the distribution upon the streets or other public places of the City or from house to house, as principal, agent or employee, of any samples of proprietary or other medicines or of any gums, candies or confections, salves, fluids, food products, soaps, powders, pastes or any other substance or article whatever without first obtaining a license therefor for which the sum as provided in Chapter 175, Fees, shall be paid.
All licenses shall be numbered consecutively, shall expire one
year from the date of issue and shall be nontransferable. Each such
license shall bear, in addition to its number, the name and address
of the licensee and the date of its issue and expiration. Each such
license shall also contain a statement that a separate permit must
be procured from the Health Commissioner for each kind of sample to
be distributed.
A.
Such licensee, before distributing any samples pursuant to this shall
procure from the Health Commissioner a separate permit for the distribution
of each kind of sample.
B.
No charge shall be made for any such permit.
C.
Each applicant for such permit shall deliver to the Health Commissioner
a sample of each kind of commodity which he desires to distribute,
together with a statement of the full and true list of the ingredients
thereof. If any such ingredient or ingredients in the quantity or
proportion in which it or they are combined in such sample shall be
of a character detrimental to health or safety, said applicant shall
also, upon the Health Commissioner's demand, file with him the formula
thereof; such formula shall be confidential and shall not be made
public without the permission of the licensee. If, in the judgment
of the Health Commissioner, the commodity proposed to be distributed
is harmless, he shall issue to the applicant the permit applied for;
but if, in his judgment, said commodity is detrimental or dangerous
to health or safety, he shall deny the application for such permit.
D.
No such permit issued by the Health Commissioner shall be valid until
countersigned by the Commissioner of Police.
This article shall not apply to the distribution of printed
matter, which is subject to the provisions of other ordinances of
the City.
[Amended 12-9-2003, effective 12-19-2003]
Any license issued under this article may be canceled and revoked
by the Commissioner of Permit and Inspection Services for good cause
upon notice to the licensee and after an opportunity for him to be
heard.
