[Ord. No. 390 §1, 6-3-2003]
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 therefore as provided herein.
[Ord. No. 390 §1, 6-3-2003]
A.
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".
B.
"Peddler" does not include a farmer selling his/her own
produce grown on his/her farm.
[Ord. No. 390 §1, 6-3-2003]
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 farm or orchard, whether produced
or grown by the applicant.
4.
If employed, the name and address of the employer, together with
credentials of 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 therefore.
[Ord. No. 390 §1, 6-3-2003]
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 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.
[Ord. No. 390 §1, 6-3-2003]
A.
The
fees for licenses required under this Chapter shall be as set forth
as follows:
1.
Daily permit fee will be established as five dollars ($5.00).
2.
Monthly permit fee will be established as twenty-five dollars ($25.00).
3.
Annual permit fee will be established as fifty dollars ($50.00).
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Or as established from time to time by ordinance for the Board
of Aldermen and on file in the office of the City Clerk.
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[Ord. No. 390 §1, 6-3-2003]
No permit issued under this Chapter shall be transferable or
assignable.
[Ord. No. 390 §1, 6-3-2003]
No peddler shall have any exclusive right to any location in
the public streets nor shall be any 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.
[Ord. No. 390 §1, 6-3-2003]
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, ware or merchandise
which such licensee proposes to sell.
[CC 1974 §52.100; Ord. No. 390 §1, 6-3-2003]
Peddlers are required to exhibit their licenses at the request
of any citizen.
[Ord. No. 390 §1, 6-3-2003]
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.
[Ord. No. 390 §1, 6-3-2003]
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.
[Ord. No. 390 §1, 6-3-2003]
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 the reference to the revocation of a license as provided in Section 610.090 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 610.100.
