[CC 1976 §24-1]
The word "peddler" as used in this Chapter
shall mean any individual, whether a resident of the City or not,
traveling by foot, wagon, automobile, motor truck or any other type
of conveyance, from place to place, from house to house, or from street
to street, for the sale of, as well as the selling, offering for sale
or taking or attempting to take orders for the sale of goods, wares
and merchandise, personal property of any nature whatsoever for future
delivery, or for such services to be furnished or performed in the
future, whether or not such individual has, carries or exposes for
sale a sample of the subject of such sale or not or whether he is
collecting advance payments on such sales or not; provided, however,
such definition shall include any person who, for himself, or for
another person, hires, leases, uses or occupies any building, structure,
tent, railroad boxcar, boat, hotel room, lodging house, apartment,
shop or any other place within the City for the sole purpose of exhibiting
samples and taking orders for the future delivery. The word "peddler" shall include the terms "canvasser," "solicitor,"
"transient or itinerant merchant or vendor", or "transient or itinerant
photographer."
[CC 1976 §24-2; Ord. No. 2308 §1, 10-1-2002]
The provisions of Article I of this Chapter ("General Provisions") shall apply to all peddlers. The provisions of Article II of this Chapter ("Permits") shall apply only to any individual who acts as a peddler for any commercial purpose except the sale or soliciting of orders for the sale of milk, dairy products, vegetables, poultry, eggs and other farm and garden produce grown or produced by the person selling the same.
[CC 1976 §24-3]
It shall be unlawful for any peddler to enter upon any private
premises when such premises are posted with a sign stating "No Peddlers
Allowed," "No Solicitations Allowed" or other words to such effect.
[CC 1976 §24-4]
Any peddler who enters upon premises owned, leased or rented
by another and refuses to leave such premises after having been notified
by the owner or occupant of such premises, or his agent, to leave
the same and not return, shall be deemed guilty of an offense.
[CC 1976 §24-5]
It shall be unlawful for any peddler to make false or fraudulent
statements concerning the quality of his goods, wares, merchandise
or services for the purpose of inducing another to purchase the same.
[CC 1976 §24-6]
It shall be unlawful for any peddler to engage in the business
of peddling within the City between the hours of one-half (½)
hour before sunset and 9:00 A.M. the following morning, or at any
time on Sundays, except by specific appointment with or invitation
from the prospective customer.
[CC 1976 §24-17]
It shall be unlawful for any person to engage in business as
a peddler within the City without first obtaining a permit to do so.
[CC 1976 §24-18]
A.
Applicants
for a permit under this Article shall file with the City Clerk a sworn
application in writing, in duplicate, on a form to be furnished by
the City Clerk, which shall give the following information:
1.
The name and a description of the applicant;
2.
The permanent home address and full local address of the applicant;
3.
A brief description of the nature of the business and the goods to
be sold;
4.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
5.
The length of time for which the right to do business is desired;
6.
The place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time the application is filed
and the proposed method of delivery;
7.
A photograph of the applicant, taken within sixty (60) days immediately
prior to the date of filing of the application, which picture shall
be two (2) inches by two (2) inches showing the head and shoulders
of the applicant in a clear and distinguishing manner;
8.
A statement as to whether or not the applicant has been convicted
of any crime, offense or violation of any City ordinance, the nature
of the offense and the punishment or penalty assessed therefor;
9.
Whether the applicant, upon any sale or order, shall demand, accept
or receive payment or deposit of money in advance of final delivery;
10.
The last five (5) municipalities wherein the applicant has worked
before coming to the City; and
11.
Such other relevant information as may be required by the investigation
of the applicant.
[CC 1976 §24-19]
At the time of filing an application for a permit required by
this Article, the applicant shall present his driver's license, if
he has one, to the City Clerk.
[CC 1976 §24-20]
At the time of filing an application for a permit required by
this Article, a fee of five dollars ($5.00) shall be paid to the City
Clerk to cover the cost of investigating the facts stated herein.
[CC 1976 §24-21]
It shall be unlawful for any person to give any false or misleading
information in connection with his application for a permit required
by this Article.
[CC 1976 §24-22]
At the time of making application for a permit required by this
Article, the applicant shall submit to fingerprinting by the Marshal/Chief
of Police.
[CC 1976 §24-23]
Before any permit shall be issued under the provisions of this
Article, the applicant therefor shall pay a fee, based upon the duration
of time he desires to engage in business in the City, as follows:
|
Per day
|
$5.00
| |
|
Per week
|
$10.00
| |
|
Per month
|
$30.00
| |
|
Per three (3) months
|
$50.00
| |
|
Per six (6) months
|
$75.00
| |
|
Per twelve (12) months
|
$100.00
|
[CC 1976 §24-24]
A.
Every
applicant for a permit required by this Article who is not a resident
of the City or who is a resident of the City and represents a firm
whose principal place of business is located outside the State, shall
file with the City Clerk a surety bond running to the City in the
amount of one thousand dollars ($1,000.00), with surety acceptable
to and approved by the Mayor, conditioned that the applicant shall
comply fully with all the applicable provisions of this Code, the
ordinances of the City and State laws regulating and concerning the
business of peddling and guaranteeing to any citizen of the City that
all money paid as a down payment will be accounted for and applied
according to the representations of the peddler, and further guaranteeing
to any citizen of the City doing business with such peddler that the
property purchased will be delivered according to the representations
of such peddler. Action on such bond may be brought in the name of
the City to the use or benefit of the aggrieved person.
B.
If
the applicant is an agent, employee, canvasser or solicitor of a corporation
authorized to do business in this State or registered under the fictitious
name act of the State, such corporation or fictitious name business
may furnish one (1) bond in the amount of one thousand dollars ($1,000.00)
for any and all of its agents, employees, canvassers or solicitors.
[CC 1976 §24-25]
Before any permit shall issue under this Article, there shall
also be filed with the City Clerk an instrument in writing, signed
by the applicant under oath, nominating and appointing the City Clerk
his true and lawful agent, with full power and authority to acknowledge
service of notice of process for and on behalf of such applicant;
and service of summons in any action brought upon the applicant's
bond shall be deemed made when served on the City Clerk.
[CC 1976 §24-26]
Upon receipt of an application for a permit required by this
Article, the original shall be referred to the Marshal/Chief of Police,
who shall cause an investigation of the applicant's business and moral
character to be made as he deems necessary for the protection of the
public good. The Marshal/Chief of Police shall complete his investigation
within one (1) week of receiving the application.
[CC 1976 §24-27]
If, as a result of investigation, the character or business
responsibility of an applicant for a permit required by this Article
is found to be unsatisfactory, the Marshal/Chief of Police shall endorse
on the application his disapproval and his reasons for the same, and
return the application to the City Clerk, who shall notify the applicant
that his application is disapproved and that no permit shall be issued.
[CC 1976 §24-28]
If, as a result of investigation, the character and business
responsibility of an applicant for a license required by this Article
are found to be satisfactory, the Marshal/Chief of Police shall endorse
on the application his approval, execute a permit addressed to the
applicant for the carrying on of the business applied for and return
the permit along with the application to the City Clerk, who shall,
upon payment of the required fee, deliver the permit to the applicant.
[CC 1976 §24-29]
Each permit issued under this Article shall contain the signature
and Seal of the City Clerk and shall show the name and address and
a photograph of the permittee, the class of permit issued and the
kind of goods, wares, merchandise or services to be sold thereunder,
the amount of the fee paid, the date of issuance and the length of
time the same shall be operative, as well as the permit number and
other identifying description of any vehicle used in such business.
[CC 1976 §24-30]
The City Clerk shall keep a permanent record of all permits
issued under the provisions of this Article.
[CC 1976 §24-31]
Every peddler having a permit issued under the provisions of
this Article and doing business within the City shall display his
permit upon the request of any person, and failure to do so shall
be deemed an offense.
[CC 1976 §§24-32]
Every permit issued under the provisions of this Article shall
be valid for the period of time stated therein, but in no event shall
any such permit be issued for a period of time in excess of twelve
(12) months.
[CC 1976 §24-33]
Any permit issued under the provisions of this Article may be
revoked by the Board of Aldermen for the violation by the permittee
of any applicable provision of this Code, State law or City ordinance,
rule or regulation.
