[Ord. 1450, passed 4-27-2015]
This Article shall be known as the Transient Vendors Ordinance.
[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:
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.
Any person, corporation, partnership, association or other
entity and any agent thereof soliciting funds to further its non profit
purpose.
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]
It shall be the duty of any Transient vendor to produce his
license upon request of any resident at the Town with whom he does
or proposes to do business.
[Ord. 1450, passed 4-27-2015]
It shall be the duty of any Transient vendor to produce his
license upon request of any police officer of the Department.
[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. 1450, passed 4-27-2015]
(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 displaying a non-solicitation
sign.
(b)
A Transient vendor or solicitor may conduct business in the Town
from 9:00 a.m. prevailing time until the time of sunset in the Town,
as published by the United States Naval Observatory.
[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.
