It shall be unlawful for any transient merchant to engage in
direct sales within the Village of Richfield without being permitted
for that purpose as provided herein.
As used in this article, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, religious, patriotic
or charitable person, partnership, association or corporation, or
one purporting to be such, including, for example, Boy Scouts, Girl
Scouts, 4-H Clubs and school organizations.
MERCHANDISE
Includes personal property of any kind and shall include
merchandise, goods or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of merchandise by a donor or prospective
customer.
PERMANENT MERCHANT
Any person who, for at least one year prior to the consideration
of the application of this article to said merchant:
A.
Has continuously operated an established place of business in
the Village; or
B.
Has continuously resided in the Village and now does business
from his residence.
PERSON
All humans of any age or sex, partnerships, corporations,
associations, groups, organizations and any other description of a
collection of human beings working in concert or for the same purpose
or objective.
TRANSIENT MERCHANT
Any individual who engages in the retail sale of merchandise
or a service for a fee at any place in the Village temporarily and
who does not intend to become and does not become a permanent merchant
of such place. The term shall include, but not be limited to, peddlers,
solicitors, hawkers and canvassers. The sale of goods includes donations
required by the transient merchant for the retention of goods by a
donor or prospective customer. For purposes of this definition, "sale
of merchandise" includes a sale in which the personal services rendered
upon or in connection with the merchandise constitute the greatest
part of value for the price received but does not include a farm auction
sale conducted by or for a resident farmer of personal property used
on the farm or the sale of produce or other perishable products at
retail or wholesale by a resident of the Village.
Any person denied a permit may appeal the denial through the
Administrative Review Appeals Board.
The Washington County Sheriff's Department or Village law
enforcement officer shall report to the Village Clerk all convictions
for violations of this article, and the Village Clerk or his/her designee
shall note any such violation on the record of the registrant convicted.