[HISTORY: Adopted by the City Council of the City of Waverly
as Ch. 21 of the 1973 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, whether a resident of this City or not, traveling
from place to place, from house to house or from street to street,
for the purpose of selling or soliciting for sale goods, wares, merchandise
or services; and shall also mean and include any person transacting
a temporary business within the City at an established place of business.
The word "peddler" shall include the terms "solicitor," "transient
or itinerant merchant or vendor" or "transient or itinerant photographer."
The provisions of this chapter shall not apply to solicitations,
sales or distributions made by charitable, educational or religious
organizations which have their principal place of activity in the
City.
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 to such premises shall be deemed guilty of
a misdemeanor.
It shall be unlawful for any peddler to enter upon any private
premises when the same are posted with a sign stating "No Peddlers
Allowed" or "No Solicitations Allowed" or other words to such effect.
It shall be unlawful for any peddler to make false or fraudulent
statements concerning the quality or nature of his goods, wares, merchandise
or services for the purpose of inducing another to purchase the same.
It shall be unlawful for any peddler to engage in the business
of peddling within the City between the hours of one-half 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.
It shall be unlawful for any peddler to use a telephone for
the peddling of goods, wares, merchandise or services or the solicitation
of funds or any other activity connected to the business of peddling
or soliciting.
It shall be unlawful for any person not a legal resident of
this City to engage in business as a peddler within this City without
first obtaining a permit so to do.
The application for a permit required by the provisions of this
article shall contain the following information:
A.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any state or federal law
or municipal ordinance or code; the nature of the offense; the punishment
or penalty assessed therefor, if previously convicted; and the place
of conviction.
B.
Whether the applicant, upon any sale or order, shall demand, accept
or receive payment, or deposit, of money in advance of final delivery.
C.
The period of time the applicant wishes to engage in business within
this City.
D.
The local and permanent address of the applicant.
E.
The local and permanent address and the name of the person, if any,
whom the applicant represents.
F.
The kind of goods, wares, merchandise or services the applicant wishes
to engage in such business within the City.
G.
The last five cities or towns wherein the applicant has worked before
coming to this City.
H.
Such other relevant information as may be required for the investigation
of the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
At the time of filing his application for a permit required
by this article, the applicant shall present a valid driver's license
or other photo identification to the City Clerk.
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.
At the time of making application for a permit required by this
article, the applicant may be required to submit to fingerprinting
and photographing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Before any permit shall be issued under the provisions of this
article, the applicant therefor shall pay a fee as set forth in the
fee schedule adopted by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The application for a permit required by the provisions of this
article shall be accompanied by a bond in an amount set by the City
Council, signed by the applicant and signed, as surety, by some surety
company authorized to do business in this state or other surety acceptable
to the City Council, conditioned for the final delivery of goods,
wares, merchandise or services in accordance with the terms of any
order obtained prior to delivery and also conditioned to indemnify
any and all purchasers or customers for any and all defects in material
or workmanship that may exist in the article sold by the principal
of such bond, at the time of delivery, and that may be discovered
by such purchaser or customer within 30 days after delivery, and which
bond shall be for the use and benefit of all persons that may make
any purchase or give any order to the principal on such bond, or to
an agent or employee of such principal.
Before any permit shall be issued 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.
A.
No permit
shall be issued under the provisions of this article until the applicant
shall have complied with all the provisions and requirements of this
chapter.
B.
No peddler's
permit shall be issued to a corporation, partnership or other impersonal
legal entity, but each individual person engaging in the business
of peddling within the City shall be required to have a permit, whether
acting for himself or as an agent or representative of another.
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 so to do shall
be deemed a misdemeanor.
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 12 months.
Any permit issued under the provisions of this article may be
revoked for the violation by the permittee of any applicable provision
of this Code, state law or City ordinance. Upon such revocation, such
permit shall be immediately surrendered to the City Clerk, and failure
to do so shall be a misdemeanor.
