[CC 1979 §53.010]
It shall be unlawful for any person to engage in the business of peddler as defined in Section 605.020 of this Chapter within the corporate limits of this City without first obtaining a permit therefor as provided herein.
[CC 1979 §53.020]
The word "peddler" as used herein shall include
any person, whether a resident of this City or not, traveling by foot,
wagon, automobile, or any other type of conveyance, from place to
place, from house to house, or from street to street, carrying, conveying
or transporting goods, wares, merchandise, services, meats, fish,
vegetables, fruits, garden truck, farm products and provisions, offering
and exposing the same for sale, or making sales and delivering articles
to purchasers, or offering for sale for later delivery, or seeking
appointments for the purpose of at that time offering for sale; or
who, without traveling from place to place, shall sell or offer the
same for sale from a wagon, automobile vehicle, railroad car, or other
vehicle or conveyance; and further provided that anyone who solicits
orders and as a separate transaction makes deliveries to purchasers
as a part of a scheme or design to evade the provisions of this Chapter
shall be deemed a peddler subject to the provisions of this Chapter.
The word "peddler" shall include the words "hawker", "huckster", and "solicitor".
[Ord. No. 363 §I, 6-11-2009]
B.
FARMER'S MARKET
Definition. For purposes of this Section, the following
term is defined as follows:
A market, usually held out-of-doors, in public spaces, where
farmers can sell produce to the people.
[CC 1979 §53.030]
A.
Applicants
for permits under this Chapter must file with the City Clerk, a sworn
application in writing on a form to be furnished by the City Clerk,
which shall give the following information:
1.
Name and description of the applicant.
2.
Address.
3.
A brief description of the nature of the business and the goods or
services to be sold and in the case of products of a farm or orchard,
whether produced or grown by the applicant.
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.
If a vehicle is to be used, a description of the same, together with
credentials establishing the license number or other means of identification.
7.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor, or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
[CC 1979 §53.040]
A.
Upon
receipt of such application, the original shall be referred to the
Chief of Police, who shall cause such investigation of the applicant's
business and moral character to be made as he/she deems necessary
for the protection of the public good.
1.
If as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory, the Chief of
Police shall endorse on such application his/her disapproval and his/her
reasons for the same, and return the said application to the City
Clerk, who shall notify the applicant that his/her application is
disapproved and that no permit will be issued.
2.
If as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse the application with his/her approval.
Upon receipt of the approved application the City Clerk, upon payment
of the prescribed permit fee, shall deliver to the applicant his/her
permit. The Clerk shall keep a permanent record of all licenses issued.
[CC 1979 §53.050]
The fees for licenses required under this Chapter shall be ten dollars ($10.00). This license is in lieu of the business license as required by Chapter 600 of this Code. The term of the license shall not exceed thirty (30) days. Any peddler or solicitor who does business in the corporate limits of this City on a regular basis throughout the calendar year may make application to the Board of Aldermen for a regular business license as required by Chapter 600 of this Code, and upon approval of that application by the Board of Aldermen, said peddler or solicitor will not be required to obtain the license under the terms of this Chapter.
[CC 1979 §53.060]
No permit issued under this Chapter shall be transferable or
assignable.
[CC 1979 §53.070]
No peddler shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall he/she be permitted to operate in any congested area where
his/her operations might impede or inconvenience the public. For the
purpose of this Chapter, the judgment of a Police Officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
[CC 1979 §53.080]
No peddler, or any person on his/her behalf, shall shout, make
an outcry, blow a horn, ring a bell or use any sound device, including
a loud speaker or amplifying system upon the streets, alleys, parks
or other public places of this City or upon any private premises in
the said City where sound of sufficient volume is emitted or produced
therefrom to be capable of being plainly heard upon the streets, alleys,
avenues, parks or other public places, for the purpose of attracting
attention to any goods, wares or merchandise which such licensee proposes
to sell.
[CC 1979 §53.090]
Peddlers are required to exhibit their licenses at the request
of any citizen.
[CC 1979 §53.100]
A.
Permits
and licenses issued under the provisions of this Chapter may be revoked
by the Mayor of this City for any of the following causes, to-wit:
1.
Fraud, misrepresentation, or false statement contained in the application
for license.
2.
Fraud, misrepresentation, or false statements made in the course
of carrying on his/her business as peddler.
3.
Any violation of this Chapter.
4.
Conviction of any crime or misdemeanor involving moral turpitude.
5.
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety, or general welfare of the public.
[CC 1979 §53.110]
Any person aggrieved by the action of the Chief of Police, City
Clerk, or Mayor in the denial or revocation of an application shall
have the right of appeal to the Board of Aldermen. Such appeal shall
be taken by filing with the City Clerk within fourteen (14) days after
the action complained of a notice of appeal setting forth fully the
grounds for appeal. The Board shall set a time and place for hearing
and notice of such hearing shall be given to the appellant in writing
at his/her last known mailing address.
[CC 1979 §53.120]
Any person found guilty of violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and punishable under the terms of Section 100.220 of this Code.
