[HISTORY: Adopted by the Village Board of the Village of
Gresham as §§ 12.04 and 12.15 of the prior Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A person who goes from place to place within the Village
soliciting orders for the future delivery of property or for services
to be performed in the future. It does not include any person who
occupies any place within the Village for the purpose of exhibiting
samples and taking orders for future delivery.
A person who goes from place to place within the Village
offering for sale property which he carries with him. It includes
vendors who distribute their products to regular customers on established
routes.
A person who engages, at a fixed location in the Village,
in the temporary business of selling property at such location. It
does not include a person who does not sell from stock, but exhibits
samples for the purpose of securing orders for future delivery only.
It includes a person who associates temporarily with any local business
or conducts business in the name of a local merchant, dealer or auctioneer.
No license shall be required hereunder for the following:
A.
Persons selling personal property at wholesale to dealers in such
articles.
B.
Newsboys.
C.
Children under 18 years of age who are residents of the Village.
D.
Merchants or their employees delivering goods in the regular course
of business.
E.
Farmers or truck gardeners offering to sell the products of the farm
or garden occupied and cultivated by them.
H.
Sales required by statutes or order of a court.
I.
Bona fide auction sales conducted pursuant to law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Application forms may be obtained from the Village Clerk. At
the time of filing his application, the applicant shall pay to the
Village Clerk a fee as set by the Village Board to cover the cost
of investigation of the facts stated in the application.
The Police Department shall cause the applicant and the facts
stated in the application to be investigated and shall, within five
days, return the application to the Village Clerk with his endorsement
approving or disapproving the application.
A.
When required. Every applicant who is not a resident of the county
or who represents a firm whose principal place of business is located
outside of the state shall file with the Village Clerk a surety bond
in the amount of $500, approved by the Village President, conditioned
that the applicant will comply with all provisions of the ordinances
of the Village and state laws regulating peddlers, canvassers, solicitors
and transient merchants, and guaranteeing to any person doing business
with the licensee that all money paid as a down payment will be accounted
for and applied according to the representations of the licensee;
and further guaranteeing that property purchased for future delivery
will be delivered according to the representations of the licensee.
B.
Action on bond. Action on such bond may be brought by any person
aggrieved.
No person licensed hereunder shall, in hawking his wares, create
any noise annoying to a person of ordinary sensibilities.
No licensee shall use the public streets or sidewalks for purposes
of sales in such a manner as to impede or inconvenience the public
use of the streets or sidewalks.
Any person licensed hereunder shall carry his license with him
while engaged in licensed activities and shall, upon request, display
such license to any officer of the Village or any person with whom
he seeks to do business.
No person licensed hereunder shall call at any residence or
other place between 9:00 p.m. and 9:00 a.m., except by appointment.
No licensee shall:
Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-3 of this Code.
