[Ord. No. 2486, 4-12-2016]
The following words and phrases, when used in this Chapter,
shall have the meanings indicated:
Includes 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 any 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."
"Peddler" does not include a farmer selling his/her own produce
grown on his/her farm or local non-profit organizations.
[Ord. No. 2486, 4-12-2016]
A.
Applicants for license 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 applicants.
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 establishing the exact relationship.
5.
The length of time for which the right to do business is desired,
which will be 8:00 A.M. Central Time to 6:00 P.M. Central Time.
6.
If a vehicle is to be used, 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.
[Ord. No. 2486, 4-12-2016]
A.
Upon receipt of such application, a copy shall be referred to the
Chief of Police, who shall cause such investigation of the applicant's
business and protection of the public good.
1.
If as a result of such investigation, the applicant's character
of 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 within twenty-four (24) hours after it has been filed by
the applicant. The City Clerk shall notify the applicant that his/her
application is disapproved and that no permit will be issued. At the
time of filing the application, a fee of five dollars ($5.00) shall
be paid to the City Clerk to cover the cost of investigation of the
facts stated therein.
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. 2486, 4-12-2016]
The fees for licenses required under this Chapter shall be thirty-five
dollars ($35.00) for each three-day period.
[Ord. No. 2486, 4-12-2016]
No permit issued under this Chapter shall be transferable or
assignable.
[Ord. No. 2486, 4-12-2016]
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.
[Ord. No. 2486, 4-12-2016]
Peddlers are required to exhibit their licenses at the request
of any citizen and if asked to leave the premises, shall do so immediately.
[Ord. No. 2486, 4-12-2016]
A.
Licenses issued under the provisions of this Chapter may be revoked
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
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. 2486, 4-12-2016]
Any person who violates any part of this Chapter shall, upon
conviction, be deemed guilty of a misdemeanor and fined no less than
ten dollars ($10.00) nor more that five hundred dollars ($500.00).
Each day a person fails to purchase said license and pay said costs
shall be considered as a separate offense.
