It shall be unlawful for any direct seller, transient merchant
or solicitor to engage in direct sales or solicitations within the
City without being registered and licensed for that purpose, as provided
herein.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Each individual applying for registration and licensing as
a direct seller, transient merchant or solicitor.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation for which there is
provided proof of tax exempt status pursuant to § 501(c)(3)
or (4) of the United States Internal Revenue Code.
DIRECT SELLER
Any individual who, for himself or for a partnership, association
or corporation, sells goods or services or takes sales orders for
the later delivery of goods or services at any location other than
the permanent business place or residence of said individual, partnership,
association or corporation and shall include, but not be limited to,
peddlers, canvassers and transient merchants. The sale of goods and
services includes donations requested or required by the direct seller
for the retention of goods or services by a donor or prospective customer.
GOODS
Personal property of any kind and includes goods provided
incidental to services offered or sold.
PERMANENT MERCHANT
A direct seller or one representing a merchant who, for at
least one year prior to the submission of an application pursuant
to this section, has continuously operated an established place of
business in the City or has continuously resided in the City and now
does business from his residence.
REGISTRANT
Each individual registered by the Clerk-Treasurer.
SOLICITOR
Any individual who, for himself or for any other person,
organization, society, association or corporation, personally solicits
money, property or financial assistance of any kind from persons other
than members of such organization, society, association or corporation.
TRANSIENT MERCHANT
Any person, whether as owner, agent, consignee or employee,
who engages in a temporary business of selling and delivering goods,
wares and merchandise within the City and who, in furtherance of such
purpose, hires, leases, uses or occupies any building, structure,
motor vehicle, trailer, tent, railroad box car or boat, public room
in a hotel, lodging house, apartment, shop or any street, alley or
other place within the City for the exhibition and sale of such goods,
wares and merchandise, either privately or at public auction, provided
that such definition shall not be construed to include any person,
firm or corporation who, while occupying such temporary location,
does not sell from stock, but exhibits samples for the purpose of
securing orders for future delivery only. The person, firm or corporation
so engaged shall not be relieved from complying with the provisions
of this section merely by reason of associating temporarily with any
local dealer, trader, merchant or auctioneer, or by conducting such
transient business in connection with, as a part of, or in the name
of, any local dealer, trader or auctioneer.
The provisions of §
152-7B(2) and
(3) above shall apply to transient merchants.
The Chief of Police shall report to the Clerk-Treasurer all
convictions for violations of this chapter and the Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.
The Clerk-Treasurer shall note any complaint or report of an alleged
violation made by a resident of this City or a police officer.
Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in §
1-3 of the Code of the City of Markesan.