[HISTORY: Adopted by the City Council of the City of Seward as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 10, Art. 2, of the 1976 Code]
[Amended 9-7-1977 by Ord. No. 1095; 10-3-1995 by Ord. No. 39-95]
To prevent the sale of fraudulent, dangerous, and unhealthy goods and services, and to protect the public by maintaining records of the products sold and the persons and companies responsible for such sales, all itinerant sales personnel shall, before doing business within the municipality, make application for and be issued a permit. Application for said permit shall be made to the Police Department and shall contain the necessary information required thereby and identification and documents required for the protection of the residents of the municipality. Upon approval by the Police Department, the Chief of Police shall then have authority to issue a sales permit to said approved applicant. Each person granted a permit shall pay a fee to the City in an amount set from time to time by the City Council, and upon payment the Chief of Police may issue a sales permit to such approved applicant. Such permit shall be valid for a period of seven days from and after the date of issuance. The date of its expiration shall be clearly marked on the permit. A sales permit shall be required for each person desiring to do business within the municipality. Any person or persons granted such permit shall be subject to any occupation taxes and other rules and regulations which the governing body deems appropriate for the purposes stated herein. Any permit so granted shall be subject to revocation for good and sufficient cause by the Chief of Police. (Neb. RS 16-205, 16-246)
It shall be unlawful for any solicitor, salesman, or peddler to solicit any individual between the hours of 6:00 p.m. and 8:00 a.m., unless he/she has a previous appointment with the resident, or residents, of the premises solicited. It shall be unlawful at any hour for a solicitor, salesman, or peddler to solicit without a proper permit on his person at all times.
The provisions of this article shall not extend to individuals calling on retail merchants in the corporate limits of the City for the purpose of taking orders or selling of merchandise for resale by such merchants.
As used in this article, the following terms shall have the meanings indicated:
- TRANSIENT MERCHANT, ITINERANT MERCHANT or ITINERANT VENDOR
- Any person, firm, or corporation, whether as owner, agent, consignee, or employee, and whether a resident of the municipality or not, who or which engages temporarily within the municipality in the business of selling and delivering goods, wares, or merchandise, or taking orders for goods or merchandise to or at homes, apartments, or other residential premises in the municipality.
Any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.