[Ord. 1450, passed 4-27-2015]
It is the purpose of this Article to regulate Transient vendors who enter the Town of McCandless to sell or attempt to sell, to take orders or attempt to take orders, or to solicit contributions, pledges, or subscriptions or attempt to solicit contributions, pledges or subscriptions, such regulations being in the interest and for the protection of the residents of the Town of McCandless and further requiring license fees to offset the cost of regulation and administration of this Article.
[Ord. 1450, passed 4-27-2015]
No Transient vendor may conduct a business within the geographic limits of the Town without first obtaining a license in accordance with the requirements of this Article.
[Ord. 1450, passed 4-27-2015]
For the purpose of interpreting this Article, words used herein shall have the following definitions:
CONDUCTING BUSINESS
The conducting of retail sales of goods, wares or merchandise, including work commonly done by peddlers or hucksters on commercial property behind the zoning buffer area including solicitations or taking of orders, whether verbal or written, and with the owner's prior written consent. (For a definition of zoning buffer area, see Section 1311.04 of the Codified Ordinances.) Where no buffer area exists on commercial property, conducting of business shall take place at least 10 feet off the paved road cartway. Transient vendors are prohibited from conducting business on any portion of any right-of-way or zoning buffer area within the Town of McCandless. Conducting business may include work performed by door-to-door salespersons so long as such business is conducted in compliance with the other sections of this Article. Conducting business may also include, without limitation, work performed by a person at a flea market or a farmers market so long as the conduct of such business is conducted in compliance with the other sections of this Article.
SOLICITOR
Any person, corporation, partnership, association or other entity and any agent thereof soliciting funds to further its non profit purpose.
TRANSIENT VENDOR
Includes any person, corporation, partnership, association or other entity and any agent thereof who is conducting business in the Town off of their own property or at the request of the owner, and shall include, without limitation, any peddler, canvasser, huckster, transient merchant and itinerant vendor.
[Ord. 1450, passed 4-27-2015]
The following activities shall be exempt from the provisions of this Article except for the provisions of Section 305.12 relating to the manner of conducting business:
(a) 
Sales conducted pursuant to statute;
(b) 
Sales conducted pursuant to order by any court;
(c) 
The sale of personal property at wholesale to dealers;
(d) 
The sale or disposal of products of a farm or garden by a farmer or truck gardener where such products are cultivated on his premises;
(e) 
The sale of personal property at a garage sale held at a person's residence;
(f) 
The sale of newspapers from a fixed location;
(g) 
Any person, corporation, partnership, association or other entity or any agent thereof delivering a purely political, social, charitable or religious message or distributing related materials, but not soliciting funds.
(h) 
The solicitation of funds by any solicitor; provided that the entity has given advance written notice of their intent to the Chief of Police prior to conducting such solicitation and that such solicitors carry a photo identification card while conducting solicitations.
[Ord. 1450, passed 4-27-2015]
Applicants for a license under this Article must file with the Chief of Police a sworn application in writing on a form to be furnished by the Town which shall include the following information:
(a) 
The name and physical description of the applicant;
(b) 
The complete permanent home and full local address of the applicant and, in the case of transient merchants and itinerant vendors, the local address from which proposed sales will be made;
(c) 
A brief description of the nature of the business and the goods to be sold;
(d) 
If employed, the name and address of the employer, the name and address of the employee's immediate supervisor, together with credentials establishing the exact employment relationship;
(e) 
The length of time for which the right to do business is desired;
(f) 
If a vehicle is to be used, a description of the same, together with the license plate number or other means of identification;
(g) 
The source of supply of the goods or property proposed to be sold or orders taken for the sale thereof and the proposed method of delivery;
(h) 
Two photographs of the applicant which shall be approximately one inch by one inch, showing the head and shoulders of the applicant in a clear and distinguishing manner;
(i) 
A valid state or federal photographic identification, such as a valid state driver's license or passport; and
[Ord. 1450, passed 4-27-1915]
The Chief of Police shall conduct a background investigation of the applicant. The applicant shall execute any and all documentation authorizing the release of personal information for the background investigation. Such documentation shall be provided by the Chief of Police. The Chief of Police shall, upon payment of the prescribed fee, issue the license to the applicant; provided that such fee shall be waived for persons or entities listed under Section 305.08. The Chief of Police shall deny the applicant the license if the applicant has:
(a) 
Committed any act consisting of fraud or misrepresentation;
(b) 
Committed any act which, if committed by a licensee, would be grounds for revocation of a license;
(c) 
Within the previous 10 years, been convicted of a felony directly relating to his or her fitness to engage in the occupation of Transient vendor, and including, but not limited to, those felonies involving moral turpitude, fraud or misrepresentation;
(d) 
Been charged with a felony of the type defined in subdivision (c) of this subsection, and disposition of that charge is pending;
(e) 
Been refused a license under the provisions of this Article; provided, however, that any applicant denied a license under the provisions of this Article may reapply if and when the reasons for denial no longer exist; and
(f) 
Made any false or misleading statements in the application.
[Ord. 1450, passed 4-27-2015]
(a) 
The nonrefundable fee for each license application pursuant to this Article shall be $100 to cover the cost to process the application, plus $25 for each vendor associated with the applicant, plus the prescribed fee for any background check conducted by the Chief of Police. Any renewal shall be at half price if renewed within 15 days of the expiration of the license. Any and all fee amounts may be adjusted by Resolution of Town Council, including the cost for the background check.
(b) 
Licenses shall be valid for 45 days from the date of issuance. The expiration date shall be set forth on all licenses.
(c) 
None of the license fees provided for by this Article shall be applied to occasion any undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for a license to place an undue burden upon such commerce, he may apply to the governing body of the Town for an adjustment of the fee so that it shall not be discriminatory or unreasonable or unfair as to such commerce.
(d) 
No fee shall be required for any political, social, charitable or religious organization or agent thereof desiring to solicit or have solicited in its name money, donations of money, property or financial assistance of any kind or desiring to sell or distribute any item of literature, tokens or merchandise for political, social, charitable or religious purposes.
[Ord. 1450, passed 4-27-2015]
The Town shall maintain a record for each license issued and a record of the reports of violations.
[Ord. No. 1560, 9-8-2025[1]]
The Town shall maintain a list of property owners who wish to have their address appear on the Town's "No Solicitation" List. The Town Manager shall develop a process by which Town residents can have their address added to the No Solicitation lList.
[1]
Editor's Note: This ordinance also renumbered §§ 305.12 through 305.15 to be §§ 305.13 through 305.16.
[Ord. 1450, passed 4-27-2015; Ord. No. 1560, 9-8-2025]
(a) 
No transient vendor or solicitor shall enter or attempt to enter a residence without an express invitation from the occupant, or enter onto property posted with a sign stating "No Soliciting" or similar language, or enter onto any property included in the Town's No Solicitation List.
(b) 
A Transient vendor or solicitor may conduct business in the Town from 9:00 a.m. prevailing time until 5:00 p.m. prevailing time.
[Ord. 1450, passed 4-27-2015]
Licenses issued under the provisions of this Article shall be revoked by the Chief of Police or his designee for any of the following causes:
(a) 
Fraud, misrepresentation, or false statement contained in the application for license;
(b) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as a Transient vendor;
(c) 
Any violation of this Article;
(d) 
Conviction of any crime involving moral turpitude; or
(e) 
Conducting his business in an unlawful manner or in 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 general public.
[Ord. 1450, passed 4-27-2015]
Any person aggrieved by the denial or revocation of a license provided hereunder shall have the right to appeal to Town Council by filing a Notice of Appeal within 14 days of the action complained of. Town Council shall set a time for such hearings and shall provide written notice to the appellant at least seven days prior to the hearing.
[Ord. 1450, passed 4-27-2015]
(a) 
Any person, firm or corporation or other entity that shall violate any of the provisions of this Article shall, upon conviction thereof, be guilty of a summary offense and punished by a fine for each and every separate offense a sum of not less than $100 nor more than $1,000 to be sued for and recovered as other fines and penalties are now by law recoverable, including the Town's attorneys' fees, and, in default of payment of the fine and costs of prosecution, shall be subject to incarceration for a period not to exceed 30 days. Each day any person, firm or corporation engages in the business of a Transient vendor in violation of this Article shall constitute a separate offense.
(b) 
In addition to the penalties set forth above, the Town is also authorized to seek equitable relief, including injunctive relief, to enforce compliance with this Article.