[Ord. of 3-4-1996]
The purpose of this article is to protect against criminal activity
including fraud and burglary, minimize the unwelcome disturbance of
citizens and the disruption of privacy, and to otherwise preserve
the public health, safety and welfare by regulating licensing and
controlling solicitors, peddlers and itinerant vendors.
[Ord. of 3-4-1996]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ITINERANT VENDOR
Any person, either as principal or agent, who engages in
a temporary or transient business of selling and delivering goods,
wares and merchandise either from a fixed location within the City
or traveling place to place and who, in furtherance of such purpose,
hires, leases, uses or occupies any building, structure, room, apartment,
lot, parking lot, parking space or spaces, street or other place,
whether public or private, within the City, for the exhibition and
sale of such goods, wares and merchandise, either privately or at
any auction. Any person who engages in transient selling shall not
be relieved from complying with the provisions of this article by
reason of associating himself with any established local dealer, trader,
merchant or auctioneer, or by conducting transient selling in connection
with, as part of or in the name of any established local dealer, trader,
merchant or auctioneer, unless properly associated with a managing
itinerant vendor as defined below who fully complies with the licensing
provisions for a managing itinerant vendor for a particular show or
event. For the purpose of this chapter, an itinerant vendor who participates
in a show or event under the direction and control of a managing itinerant
vendor will be deemed to be an agent of the managing itinerant vendor
and will not be required to obtain an individual itinerant vendor
license for such show or event.
MANAGING ITINERANT VENDOR
Any person who conducts, manages, or organizes a show of
itinerant vendors for the purpose of exhibition and sale at any location
which is open to the general public and at which goods, wares or merchandise
are on display and offered for sale by any vendors.
PEDDLER
Any person whether principal or agent who travels from place
to place by any type of conveyance, carrying his wares with him, offering
and exposing the wares for sale or making sales and delivering articles
to purchasers, or any person who, without traveling from place to
place, sells or offers the same for sale from any type of vehicle
or conveyance. A peddler generally offers for sale, consummates the
sale and delivers the goods at one and the same time to the ultimate
consumer. Any person who solicits orders and, as a separate transaction,
makes deliveries to purchasers as part of a scheme or design to evade
the provisions of this definition shall be deemed peddling and shall
be subject to the provisions of this article. The word "peddler" does
not include any person who goes upon private property for the purpose
of peddling, having been invited to do so by the owner or occupant
of such property.
PERSON
Any person, firm, partnership, limited partnership, corporation,
association, club, society, or other organization or legal entity.
SOLICITOR OR CANVASSER
Any person who travels from place to place by any type of
conveyance taking or attempting to take orders for the sale at retail
of goods, wares and merchandise or personal property of any nature
whatsoever for future delivery, whether or not such person has, carries
or exposes for sale a sample of the subject of such sale, or whether
or not he is collecting advance payments on such sales. The word "solicitor"
or "canvasser" does not include any person who goes upon private property
to solicit or canvass, having been invited to do so by the owner or
occupant of such property, and does not include persons under the
age of 16 years who are representing local nonprofit organizations.