[Adopted as Ch. 5.32 of the 1997 Code]
It is unlawful for any person, firm, or corporation to engage
in the business of hawker or peddler of any merchandise, article or
thing without having first secured a license therefor.
As used in this article, the following terms shall have the
meanings indicated:
The selling, bartering or exchanging or the offering for
sale, barter or exchange of any tangible personal property upon or
along the streets, highways or public places of the City or from house
to house, whether at one place thereon or from place to place, from
any wagon, truck, pushcart or other vehicle or from movable receptacles
of any kind, but shall not include the delivery of any item previously
ordered or the sale of items along delivery routes where the purchaser
has previously requested the seller to stop and exhibit his items;
nor shall "peddle" be taken to include the solicitation of orders
by sample where the goods are not delivered at the time the order
is taken.
A person desiring a license may obtain the same by making application
with the City Clerk and providing the following information:
A.
Name and physical description of applicant;
B.
Permanent home address and local address if operating from such an
address;
C.
A brief description of the business and of the goods to be sold;
D.
Name and address of the employer, if any;
E.
The length of time for which the right to do business is desired;
F.
Evidence that the agent is acting on behalf of the corporation he
represents;
G.
Statement of the applicant's criminal record, other than a traffic
record;
H.
The last three cities and villages where the applicant carried on
business immediately preceding the date of application and the address
from which such business was conducted in those municipalities.
[Amended 8-16-2004 by Ord. No. 2288]
Upon receipt of each application, it shall be referred to the Chief of Police, who shall investigate the business, personal and criminal history of the applicant. The investigation shall include a Federal Bureau of Investigation (FBI) criminal history background investigation. If the applicant is a corporation or limited-liability company, an FBI criminal history investigation shall be required for each manager, officer, director and shareholder owning in the aggregate more than 5% of the stock of the company or corporation. If the applicant is a copartnership, an FBI criminal history investigation shall be required for each general partner or limited partner owning in the aggregate more than a 5% interest in the partnership. The applicant shall remit payment of the fee required by the City for the FBI investigation(s) and investigative report(s), which fee shall be set by Chapter 165, Article II, of the City's Municipal Code (same being the ordinance of the City which annually sets license and other fees and charges of the City), as from time to time in effect. The applicant (and any other person for whom a background investigation is required) shall sign the required forms for the FBI investigation(s), and be fingerprinted on the required FBI fingerprint card at the time the applicant applies for the peddler's license. No action will be taken on the application until the Police Chief has received the FBI report with regard to the criminal history investigation(s) pertaining to the applicant and each other person for whom a background investigation is required. The application shall be denied in the event the FBI investigative report indicates the applicant or any other person for whom a background investigation is required has a criminal history which disqualifies the applicant from receiving the license.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
It is unlawful for any person to go upon the premises of another
for the purpose of selling or peddling without the consent or invitation
of the owner or occupant.
