[Article 2 was amended in its entirety by Ordinance No. 855, passed July 5, 1989]
To protect the privacy, prevent fraud, crimes, undue annoyance
and harassment, health, safety and welfare of the residents of the
City by means of investigation and regulation of peddlers, solicitors,
canvassers, and transient merchants.
A license under this section shall not be used or represented
in any manner as an endorsement by this City, or by any department,
officer or employee thereof.
[Amended by Ord. No. 1175, 4-17-2012]
A TRANSIENT MERCHANT, ITINERANT MERCHANT, OR ITINERANT VENDOR
– Is defined as any person, firm or corporation, whether as
owner, agent, consignee, or employee, and whether a resident of the
City or not, who engages temporarily within the City in the business
of selling and delivering goods, wares, and merchandise or taking
orders for goods, wares or merchandise, anywhere in the City. (Ref.
16-699, 75-323 RS Neb.)
[Added by Ord. No. 1175, 4-17-2012; amended by Ord. No.
1211, 6-20-2017]
(a)
A person, firm or corporation who engages in the selling or
delivering to or taking orders for goods, wares or merchandise to
or from any business having permanent location within the City shall
not be considered a transient merchant, itinerant merchant or itinerant
vendor for purposes of this article when selling, delivering or taking
orders to or from said business in the usual course of the business
having the permanent location.
It shall be unlawful for an itinerant vendor to engage in such
business within the City without first obtaining a license therefor.
It shall be unlawful for any farmer, truck grower, or others who produce,
hawk or peddle products of the farm, fruit or other staples of food,
or who peddle, sell, or offer to sell any commodity or article of
commerce or trade to park their conveyances or erect a place of business
for the purpose of selling said products upon any street within the
Business District. (Ref. 16-699, 75-323 through 75-335 RS Neb.)
Applicants for a license shall file a written sworn application
signed by the applicant if an individual, by all partners if a partnership,
and by the president if a corporation, with the City Clerk, showing:
A.
The name or names of the person or persons having the management
or supervision of the applicant's business during the time that it
is proposed that it will be carried on in the City; the local address
or addresses of such person or persons; the capacity in which such
person or persons will act (that is, whether as proprietor, agent,
or otherwise); the name and address of the person, firm, or corporation
for whose account the business will be carried on, if any; and if
a corporation, under the law of what state the same is incorporated.
B.
The place or places in the City where it is proposed to carry on
applicant's business, and the length of time during which it is proposed
that such business shall be conducted.
C.
A statement of the nature of merchandise to be sold or offered for
sale by the applicant.
D.
A brief statement of the nature of the advertising done or proposed
to be done in order to attract customers.
E.
Credentials from the person for whom the applicant proposes to do
business, authorizing the applicant to act as such representative.
F.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of the
applicant's business or the method or plan of doing such business
as the City Clerk may deem proper including, but not limited to, telephone
numbers, physical description — (height, weight, color of eyes,
color of hair and a recent photograph).
G.
If applicant is a minor, such applicant shall not be licensed unless
the minor's parent(s) or guardian(s) appear personally before the
City Clerk and provide the following:
1.
Satisfactory evidence that the person or persons are in fact the
parent(s) or guardian(s) of the particular applicant.
2.
A written statement signed by the parent(s) or guardian(s) and witnessed
by the City Clerk giving permission for the applicant to be licensed
upon meeting the requirements of this chapter.
(Ref. 16-699 RS Neb.)
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall within three workdays after the
receipt thereof cause such investigation of the applicant's business
and moral character to be made as he deems necessary for the protection
of the public good.
If as a result of such investigation the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons for the same, and return the said application to the City
Clerk, who shall notify the applicant that his/her application is
disapproved and that no permit will be issued.
If as a result of some investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the application the approval and
return said application to the City Clerk, who shall notify the applicant
that his application has been approved. Such permit shall contain
the signature and weal of the issuing officer and shall show the name
and address of the applicant, the kind of goods to be sold thereunder,
the date of issuance, and the length of time the same shall be operative.
[Amended by Ord. No. 1175, 4-17-2012]
The license fee for a transient merchant, itinerant merchant
or itinerant vendor shall be $50 per quarter, if paid on a quarterly
basis or $200 per year if paid on an annual basis. All such fees shall
be paid in advance.
[Amended by Ord. No. 867, 4-17-1990]
Before any license shall be issued for engaging in an itinerant
business, such applicant shall file with the City Clerk a bond running
to the City in a sum set by resolution of the City Council and executed
by the applicant as principal, and one corporate surety, or two individual
sureties upon whom service of process may be had in the County, such
bond to be approved by the City Attorney, or in lieu of a bond provide
the City with a certificate of insurance or other proof of insurance
naming the City as an additional insured, conditioned that such applicant
shall comply fully with all provisions of this Code, and the statutes
of the State of Nebraska, regulating and concerning the sale of goods,
wares, and merchandise, and will pay all judgments rendered against
the applicant for any violation of this Code or the Statutes, or any
of them, together with all judgments and costs that may be recovered
against him by any person for damage arising out of any misrepresentation
or deception practiced on any person transacting business with such
applicant, either at the time of making the sale or through any advertisement
of any character whatsoever with reference to the merchandise sold
or any part thereof. Action on the bond may be brought in the name
of the City to the use of the aggrieved person. Nothing herein shall
be construed to apply to any itinerant vendor required to file a bond
under the provisions of the Statutes of the State of Nebraska as a
prerequisite of doing business within the State. (Ref. 16-699, 75-329
RS Neb.)
Before any license shall be issued, such applicant shall file
with the City Clerk an instrument nominating and appointing the City
Clerk, or the person performing the duties of such position, his true
and lawful agent with full power and authority to acknowledge service
of notice or process in respect to any matters connected with or arising
out of the business transacted under such license.
Immediately upon being served with process, the City Clerk shall
send to the licensee at his last known address, by registered mail,
a copy of such process. Nothing herein shall be construed to apply
to any itinerant vendor required to appoint a State Official as an
agent for the purpose of receiving service of process as a prerequisite
for doing business within the State. (Ref. 16-699, 75-325 RS Neb.)
All solicitations to private residences, including but not limited
to, homes, duplexes, rooming houses, and apartments shall occur between
the hours of 9:00 a.m. and 7:00 p.m. unless otherwise posted by the
private property owner or by someone with apparent authority to act
for the owner. This regulation does not apply where the solicitor
is on the property by express, prior invitation of the person residing
on the premises.
Solicitations on public property is permissible except as follows:
1.
Solicitors may not solicit in public streets or rights-of-way or
from medians in the streets, or in any way block, obstruct, or unduly
hinder passage on public streets and rights-of-way;
2.
Solicitors may not block, obstruct, or unduly hinder passage on public
sidewalks or passageways.
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For the purposes of this chapter, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is blocked, obstructed or passage is hindered or the public
is impeded or inconvenienced.
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A person engaged in solicitation shall not:
(a)
Make physical contact with the person being solicited unless that
person's permission is obtained;
(b)
Misrepresent the purpose of the solicitation;
(c)
Misrepresent the affiliation of those engaged in the solicitation;
(d)
Continue efforts to solicit from an individual once that individual
informs the solicitor that he does not wish to give anything to or
buy anything from that solicitor; or
(e)
Represent the issuance of any permit or registration under this chapter
as an endorsement or recommendation of the solicitation.
(f)
Enter upon any private premises when the same is posted with a sign
stating "No Peddlers Allowed" or "No Solicitation Allowed" or other
words to that effect.
The license to the licensee hereunder by the City Clerk shall
be posted in a conspicuous place if the licensee is using a vehicle
or a building in his business and otherwise must be kept by the person
and exhibited at anytime upon request.
The licenses issued may be revoked by the City Council after
notice and a hearing, for any of the following causes:
A.
Any fraud, misrepresentation, or false statement contained in the
application for a license.
B.
Any fraud, misrepresentation, or false statement made in connection
with the selling of goods, wares, or merchandise.
C.
Any violation of this article.
D.
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude.
E.
Conducting the business licensed under this article in an unlawful
manner or in such a manner as to the health, safety, or general welfare
of the public.
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Notice of a hearing for the revocation of a license shall be
given in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be sent by
registered mail, postage prepaid, to the licensee, at his last known
address, at least five days prior to the date set for hearing.
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Any person aggrieved by the decision of the City Council in
regard to the denial of an application for license or in connection
with the revocation of a license, shall have the right to appeal to
the City Council. Such appeal shall be taken by filing with the City
Council within 14 days after notice of the decision has been mailed
to such person's last known address, a written statement setting forth
the grounds for appeal. The City Council shall set the time and place
for a hearing on such appeal and notice shall be given to such person
by registered mail, postage prepaid, at his last known address. The
order of the City Council on such appeal shall be final.
It shall be the duty of the City Police to examine all places
of business and persons subject to the provisions of this article
and to enforce the provisions herein against any person found to be
violating the same.
No license issued pursuant to this Ordinance shall be transferable.
