As used in this article, the following terms shall have the
meanings indicated:
TRANSIENT SELLER
Any person who engages in the business of selling merchandise
or services to consumers by means of personal contact, and who does
not have, for the purposes of carrying on such business, any permanent
place of business within this City. The term shall apply to any person
otherwise denominated an itinerant dealer, peddler, street vendor,
solicitor or canvasser, and it shall apply to all sales made thereby,
except such sales as specifically excluded herein, whether the consumer
goods are exhibited and sold from one location or in traveling from
place to place.
No person shall engage in the transient sale of consumer merchandise or services within the City without first having obtained a license as set forth in Article
I of this chapter.
In determining whether a transient sales license should be issued,
the inspecting officers, in addition to the standards that are elsewhere
set forth in this chapter and the Code of the City of Westbrook, shall
exercise the discretion vested by this article by resolving all questions
in favor of the public health, safety, welfare and convenience. In
so doing, they shall consider all relevant factors, including the
following:
A. The ability of the City to enforce the provisions of this article
with respect to the particular business;
B. The manner, time and location of marketing those goods and services,
and the consonance of such sales with the public health, safety, welfare
and convenience;
C. The risks created by the transient seller, both to pedestrian and
vehicular travelers, and to the rights of building owners, occupants
and invitees to free and safe ingress and egress; and
D. The past history of seller's business reputation and record of consumer
complaints.
[Amended 10-7-1991]
In addition to any restrictions imposed on a licensee by the
inspecting officers, municipal officers or by the Code of the City
of Westbrook, no transient sales may be conducted as follows:
A. Within 350 feet of any part of an establishment having a fixed location
which offers for sale the same or substantially similar goods or services,
when the transient seller operates from other than a fixed location
on private property;
B. Within 350 feet of any other transient seller licensed by the City,
when the transient seller operates from other than a fixed location
on private property;
C. In any congested area in such a manner as to impede the passage of
pedestrians or otherwise inconvenience the public, or in such a manner
as to obstruct an entrance or exit of a building;
D. From a fixed location on a public way, sidewalk or public place;
E. From any location where customers would be encouraged or required
to stop in the public way;
F. From a motor vehicle exceeding one ton gross vehicle weight, when
conducted from other than a fixed location on private property;
G. By employing persons or equipment not designated in the license application;
H. By selling, offering for sale, distributing, or soliciting orders
for future sale or delivery of a commodity or service not authorized;
I. In such a manner as to constitute an unfair or deceptive trade practice,
a nuisance, or offense against the public order, as defined by the
Maine statutes;
J. Between the hours of 9:00 p.m. to 8:00 a.m. except from a fixed location
on private property.
[Amended 10-7-1991]
The terms of this article shall not apply to the following:
B. Sales by a charitable organization;
C. Sales at auctions, public fairs, expositions and bazaars;
D. Sales of produce and foodstuffs at farmers' markets;
E. Seasonal sale of Christmas trees and wreaths; and
F. Sales by persons holding a current sales license issued by the municipal
officers under other provisions.
The municipal officers, in addition to other provisions of this code authorizing such action, may deny, suspend, or revoke a license upon stipulations set forth in §
205-8 as well as on the basis of a conviction of a gambling offense.