[HISTORY: Adopted by the Board of Trustees of the Village
of Tilton as Ch. 5.44 of the Village Code. Amendments noted where
applicable.]
Unless the language or context clearly indicates that different
meanings are intended, the following words, terms and phrases shall,
for the purposes of this chapter, be given the meanings provided in
this section:
One who uses an article purchased.
Any person engaged or employed in going from place to place,
and/or house to house, who carries for sale, offers for sale or exposes
for sale, either at wholesale or retail, farm, orchard, vineyard or
garden products which have not been produced or grown by such person.
Any person engaged or employed in the business of retailing
to consumers by going from consumer to consumer and there soliciting,
selling or offering for sale, by catalog or otherwise, or taking orders
for future delivery of, any goods, wares, magazines or other articles
of trade.
Any hotel, rooming house, storeroom, building or any part
of any building whatsoever, tent, vacant lot, freight station, railroad
car, motor truck, trailer or other vehicle, or any public or quasi-public
place temporarily occupied for business.
Includes every person, firm or corporation, acting for himself
or itself, or representing any other person, firm or corporation,
who or which brings into temporary premises in the Village a stock
of goods, wares or magazines, or other articles of trade, and who
or which solicits, sells or offers to sell, or exhibits for sale,
such stock of goods, wares or magazines, or other articles of trade,
at retail. This definition shall continue to apply until such person,
firm or corporation shall be continuously engaged at such particular
place in the Village for a period of one year.
Includes any person, firm or corporation, acting for himself
or itself, or representing any other firm, person or corporation,
who or which brings into temporary premises in the Village any goods,
wares or magazines, or other articles of trade, and who or which solicits,
sells or offers to sell, or exhibits for sale, such stock of goods,
wares or magazines, or other articles of trade, at wholesale. This
definition shall continue to apply until such person shall be continuously
engaged at such particular place in the Village for a period of one
year.
[Amended 11-11-2013 by Ord. No. 2013-11-21A; at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
Every person who conducts, operates, transacts, engages in or
carries on any part of the industries, trades, pursuits, professions,
vocations or businesses within the Village specified and enumerated
in this chapter shall first apply for and obtain a license therefor
from the Village and, if such application for a license is granted,
shall pay fees set from time to time by the Board of Trustees, subject
to the following restrictions:
A.
Each huckster may only work in the Village of Tilton from 10:00 a.m.
until 4:00 p.m.
B.
Each itinerant vendor may only work in the Village of Tilton from
10:00 a.m. until 4:00 p.m. The time for selling will be from 10:00
a.m. until 4:00 p.m.
C.
Each transient retail merchant vendor may only work in the Village
of Tilton from 10:00 a.m. until 4:00 p.m.
D.
Each transient wholesale merchant may only work in the Village of
Tilton from 10:00 a.m. until 4:00 p.m.
A.
Every person required by this chapter to obtain a license must, before
commencing business, file with the Village Clerk an application in
writing, subscribed and sworn to by the applicant before an officer
of this state authorized to take oaths. The application must set forth:
(1)
The name of the applicant;
(2)
His place of permanent residence;
(3)
His local headquarters, if any;
(4)
The time of his arrival in the Village;
(5)
The character of the license applied for, namely: huckster, itinerant
vendor, transient retail merchant and/or transient wholesale merchant;
(6)
The city or county from which the last license, if any, was received;
(7)
Whether he is acting as principal, agent or employee;
(8)
If acting as agent or employee, the name and place of business of
his principal or employer;
(9)
A brief description of the articles to be offered for sale;
(10)
Whether payment or deposits of money are collected when orders
are taken or in advance of final delivery;
(11)
The period for which the license is requested.
B.
At the time of filing the application, the applicant must accompany the application with the sum specified in § 208-2 as the fee for the character and period of license for which applied, and if such applicant is an agent he must further accompany the application with the principal's acknowledgment of such agency.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every application made by an itinerant vendor taking orders for future delivery and collecting advance payments, deposits or guarantees thereon under the terms of §§ 208-1 through 208-3 shall be accompanied by a bond in an amount set from time to time by the Board of Trustees, executed by a surety company licensed to do business in this state, or by two responsible freeholders residing in the county, whose names appear upon the assessment roll of the county (or, in lieu thereof, a cash bond of equal value) and approved by the Clerk, conditioned upon making a final delivery of the goods, wares, magazines or other articles of trade, or farm, orchard, vineyard or garden products, in accordance with the terms of such order, or failing therein, that the money advanced by his customers may be refunded. Any person aggrieved by the action or misrepresentation of any such itinerant vendor shall have a right of action on the bond for the recovery of his money advanced or damages and costs. Such bond shall remain in full force and effect for a period of six months after the expiration of any such license, and shall be held to assure only business transacted under the authority of the license issued pursuant to the application which such bond accompanied.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every huckster and itinerant vendor doing business under the
provisions of this chapter must, upon demand of any person, exhibit
his license and permit the same to be then and there read by the person
making such demand. Every transient retail merchant and transient
wholesale merchant doing business under the provisions of this chapter
shall at all times keep the license conspicuously posted in or upon
his place of business. Any huckster or itinerant vendor who fails
or refuses to exhibit his license, as above provided, and any transient
retail merchant or transient wholesale merchant who fails to post
and keep posted his license, as above provided, is guilty of a violation
of this chapter.
Whenever in the judgment of the Mayor of the Village any licensee
under this chapter is conducting the industry, pursuit, profession,
occupation, vocation, business and/or trade so licensed in a manner
which violates any ordinance or regulation under the general police
power of the Village, or in any manner detrimental to the public health,
morals or welfare, he may suspend such license by notice to that effect,
personally served upon the licensee or left at his place of business
with the person in charge thereof. The license shall thereupon stand
suspended. At the next regular meeting of the Board of Trustees or
at any special meeting thereof called for this purpose, such suspension
of the license shall be taken up and considered by the Board. The
Board shall then have the power and authority to vacate such suspension,
continue the suspension for any period not exceeding 60 days, or revoke
the license by majority vote of the Board entered in the minutes of
the proceedings of the Board, a copy of which order shall be personally
served upon the licensee or left at his place of business with any
person in charge thereof. Such license shall thereupon stand renewed,
suspended or revoked, as specified in the order. When revoked, the
balance of the license fee collected thereon shall be refunded to
the licensee upon claim or demand, provided that such claim and demand
for refund is made by the licensee within 30 days after such revocation;
otherwise the fee shall not be refunded.
The Clerk of the Village is charged with the collection of the
licenses provided for in this chapter, and applications for licenses,
accompanied by the fee therefor, shall be filed with the Clerk of
the Village. The Clerk shall prepare all blanks for applications and
licenses and all books of account in connection therewith. All expenses
in connection with the administration of this chapter shall, so far
as possible, be charged against the funds collected under this chapter.
Every person licensed under the provisions of this chapter shall be subject to regulation, inspection, control and supervision under the general police power of the Village and all of the provisions of this Code or which may hereafter be adopted in aid of such police power and regulation. Each license shall be subject to suspension and revocation as provided in § 208-6.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No peddler, solicitor, traveling salesman or door-to-door vendor
shall enter any private dwelling in the Village without being admitted
into the same, nor shall he insist upon showing or selling his goods
to any person therein after being told that such person does not wish
to purchase them. He shall not refuse to leave the premises when requested,
nor shall he otherwise vex or annoy any person.[1]
