[CC 1977 §52.010]
It shall be unlawful for any person to engage in the business of peddler as defined in Section 610.020 of this Chapter within the corporate limits of this City without first obtaining a permit therefor as provided herein.
[CC 1977 §52.020]
The word "peddler" as used herein shall include
any person, whether a resident of this City or not, traveling by foot,
wagon, automotive vehicle, 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, meats, fish,
vegetables, fruits, garden truck, farm products or 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, automotive vehicle, railroad car, or other
vehicle or conveyance; and further provided that one 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".
[CC 1977 §52.030]
A.
Applicants
for permits under this Chapter must 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.
Name and description of the applicant.
2.
Address (local and permanent).
3.
A brief description of the nature of the business and the goods to
be sold and in the case of products of a farm or orchard, where 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 1977 §52.040]
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 on the application 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 1977 §52.050]
The fees for licenses required under this Chapter shall be as
established from time to time by ordinance of the Board of Aldermen
and on file in the office of the City Clerk.
[CC 1977 §52.060]
No permit issued under this Chapter shall be transferable or
assignable.
[CC 1977 §52.070]
No person having a license under the provisions of Chapter 605 of this Code, shall be required to obtain a permit under this Chapter.
[CC 1977 §52.090]
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 Section, 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 1977 §52.090]
No peddler, nor any person in his/her behalf, shall shout, make
any outcry, blow a horn, ring a bell or use any sound device, including
any loud speaking radio or sound amplifying system upon any of the
streets, alleys, parks or other public places of said 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, avenues, alleys, parks, or other public places,
for the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
[CC 1977 §52.100]
Peddlers are required to exhibit their licenses at the request
of any citizen.
[CC 1977 §52.110]
A.
Permits
and licenses issued under the provisions of this Chapter may be revoked
by the Mayor of this City after notice and hearing, for any of the
following causes:
1.
Fraud, misrepresentation, or false statement contained in the application
for license.
2.
Fraud, misrepresentation, or false statement 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 1977 §52.120]
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the ground of complaint and
the time and place of hearing. Such notice shall be mailed, postpaid
to the permittee at his/her permanent address (as shown on his/her
application) at least five (5) days prior to the date set for hearing.
[CC 1977 §52.130]
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit as provided in Section 610.040, or in the decision with reference to the revocation of a license as provided in Section 610.110, 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 notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 610.120.
[CC 1977 §52.140]
All annual permits issued under the provisions of this Chapter
shall expire on the thirty-first (31st) day of December in the year
when issued. Other than annual permits shall expire on the date specified
in the permit.
[CC 1977 §52.150]
No peddler or solicitor, licensed or unlicensed, may peddle
his/her wares within the City at any place other than in the Business
District.
