It shall be unlawful for any person, firm or corporation to
engage in the business of hawker or peddler of any merchandise, article
or thing without having first secured a license therefor.
As used in this article, the following terms shall have the
meanings indicated:
Shall mean the selling, bartering, or exchanging or the offering
for sale, barter or exchange of any tangible personal property upon
or along the streets, highways, or public places of this municipality
or from house-to-house, whether at one place thereon or from place-to-place,
from any wagon, truck, pushcart, or other vehicle or from movable
receptacles of any kind, but shall not include the delivery of any
item previously ordered or the sale of items along delivery routes
where the purchaser has previously requested the seller to stop and
exhibit his items. Nor shall "peddle" be taken to include the solicitation
of orders by sample where the goods are not delivered at the time
the order is taken.
A person desiring a license may obtain the same by making application
with the Clerk and providing the following information:
(A)
Name and physical description of applicant.
(B)
Permanent home and address and local address if operating from such
an address.
(C)
A brief description of the business and of the goods to be sold.
(D)
Name and address of the employer, if any.
(E)
The length of time for which the right to do business is desired.
(F)
Evidence that the agent is acting on behalf of the corporation he
represents.
(G)
Statement of the applicant's criminal record other than a traffic
record.
(H)
The last three municipalities where the applicant carried on business
immediately preceding the date of application to this municipality
and the address from which such business was conducted in those municipalities.
It is hereby declared to be unlawful and shall constitute a
nuisance for any person, whether registered under this Code or not,
to engage in peddling as herein defined prior to 10:00 a.m. or after
5:00 p.m. of any weekday or at any time on a Sunday or on a state
or national holiday.
No licensed peddler or hawker shall be guilty of any fraud,
cheating or misrepresentation, whether through himself or through
an employee while acting as a peddler in this municipality, or shall
barter, sell or peddle any goods or merchandise or wares other than
those specified in his application for a license.
Two photographs of the applicant and such of its employees as
will be used in the peddling or merchandising, taken within 60 days
immediately prior to the filing of the application, which pictures
shall be two inches by two inches, showing the head and shoulders
of the applicant or its agent(s) and/or employee(s) in a clear and
distinguishing manner.
Nothing contained in this chapter, nor the issuance of any license
hereunder shall entitle the licensee to go in or upon any private
residence for the purpose of peddling if such licensee, his agents
or employees are directed to depart from said private residence by
the owner or person in charge thereof.
The practice of going in and upon private residences, business
establishments or offices in the municipality by peddlers, hawkers,
itinerant merchants and transient vendors of merchandise without having
been requested or invited to do so by the owner or owners, occupant
or occupants of said private residences and business establishments
or offices for the purpose of disposing of and/or peddling or hawking
of merchandise is hereby declared to be a nuisance and is punishable
as a violation of this Code. No person shall peddle in a public square.
The Police Department of this municipality is hereby required and directed to suppress the same and to abate any such nuisance as described in Section 7-3-8.
The provisions of this article shall not apply to persons employed
or representing an established merchant, business firm, or corporation
located and regularly doing business in the municipality or to farmers
selling any food items raised or produced by themselves and/or to
permanently established residents who are voters in the municipality
or anyone duly licensed.
[Amended 9-27-2010 by Ord. No. 10-5]
The license fees per person to be charged for licences to peddle
or solicit in this municipality, each payable in advance, are hereby
fixed and established as follows:
