[Code 1966, § 14.02(1)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who travels from place to place and from house to
house, offering for sale and selling articles of merchandise which
he carries.
A person who travels from place to place taking orders for
goods by sample or otherwise which he later delivers. It does not
include professional solicitation and collection of funds for charitable
purposes as regulated by W.S.A., § 440.41.
A person who engages in the sale of merchandise at any place
in the Village temporarily, and who does not intend to become and
does not become a permanent merchant of such place. For the purposes
of this article, sale of merchandise includes a sale in which the
personal services rendered upon, or in connection with such merchandise
constitutes the greater part of value for the price received.
A person who transports produce, not grown by him, in a truck
or other vehicles from a point without or within the Village and who
sells the produce directly from such vehicle to retail merchants without
advance orders.
[Code 1966, § 14.02(10)]
The penalty for violation of any provision of this article shall be a penalty as provided in § 1-12. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
[Code 1966, § 14.02(2)]
No person shall engage in the business of peddler, trucker,
solicitor or transient merchant within the Village without first obtaining
a license from the Chief of Police in compliance with the provisions
of this article.
[Code 1966, § 14.02(3)]
(a)
This article or any part of this article shall not apply to the following:
Newsboys, merchants delivering goods in the regular course of business;
vendors of milk, bakery goods, groceries or ice distributing products
to only regular customers on established routes; religious, charitable,
patriotic or philanthropic organizations; and persons selling property
at wholesale to dealers. This article also applies to transient merchants
and peddlers at fairs, civic celebrations, Maxwell Street Days and
the like, which have been approved by the Village Board.
(b)
Persons holding a state license under the provisions of W.S.A., § 440.41, shall be exempt from the provisions of this article, but such person, group, or organization shall register with the Chief of Police, file a copy of the application on file with the state department of licensing as set forth in W.S.A., § 440.41(2), and a list of names and current addresses of all persons proposed to be used in solicitation in the Village. The Chief of Police shall make such investigation of each proposed solicitor as set forth in § 22-31. No fee shall be required under this section except for the actual expense of record checks.
[Code 1966, § 14.02(4); Ord. No.
852, § I, 11-15-2011]
At the time of filing application, an investigation fee in an
amount as specified in the most current Village Board resolution shall
be paid to the Village Treasurer to cover the cost of investigation
of the facts stated in the application. The application shall be sworn
to by the applicant and filed with the Chief of Police and shall contain
such information as the chief shall require for the effective enforcement
of this section and the safeguarding of the residents of the Village
from fraud, misconduct or abuse.
[Code 1966, § 14.02(5)]
Upon receipt of each such application, the Chief of Police shall
immediately institute such investigation of applicant's business
and moral character as he deems necessary for the protection of the
public good, and shall endorse his approval or disapproval upon the
application within 72 hours after it has been filed with him, and
shall issue or deny the license or permission in accordance with his
findings after presentation by the applicant of a receipt of the Village
Treasurer showing payment of the required fee.
[Code 1966, § 14.02(6); Ord. No.
778, § I, 10-18-2005]
The fee for a peddler's license and a transient merchant
and trucker's license shall be specified in the most current
Village Board resolution. No fee shall be required for a solicitor's
license. Peddlers may employ one assistant and transient merchants
may employ two assistants without payment of an additional license
fee, but such persons must comply with the other provisions of this
article.
[Code 1966, § 14.02(7)]
If the Chief of Police determines from his investigation of the application that the interests of the Village or of inhabitants of the Village require protection against possible misconduct of the licensee or that the applicant is otherwise qualified but due to causes beyond his control is unable to supply all of the information required by § 22-30, he may require the applicant to file with the Village Clerk a bond in the sum of $1,000, with surety acceptable by the Village President, running to the Village, conditioned that he will fully comply with the ordinances of the Village relating to peddlers, canvassers or transient merchants, and guaranteeing to any citizen of the Village doing business with him that the property purchased will be delivered according to the representations of the applicant; provided, however, that action to recover on any such bond shall be commenced within six months after the expiration of the license of the principal.
[Code 1966, § 14.02(8)]
(a)
Consent of owner or occupant required. No peddler, trucker or transient
merchant shall go in or upon any private residence, business establishment
or office in the Village for the purpose of soliciting orders for
goods, wares and merchandise or peddling or hawking the same or soliciting
subscriptions for magazines or other periodicals without having been
requested or invited to do so by the owner or occupant of such place.
(b)
Display of license. Persons licensed under this section shall carry
their licenses with them while engaged in licensed activities and
shall display such licenses to any police officer or citizen upon
request.
(c)
Misrepresentation. No licensee shall intentionally misrepresent to
any prospective customer the purpose of his visit or solicitation,
nor the name or business of his principal, if any, nor the source
of supply of the goods, wares or merchandise which he sells or offers
for the sale, nor the disposition of the proceeds or profits of his
sales.
(d)
Loud noises and speaking devices. No licensee, nor any person in
his behalf, shall shout, cry out, blow a horn, ring a bell or use
any sound amplifying device upon any of the streets, alleys, parks
or other public place of the Village for the purpose of attracting
attention to any goods, wares or merchandise which such licensee proposes
to sell.
(e)
Use of streets. No licensee shall have any exclusive right to any
location in the public streets or sidewalks, or public way, nor shall
any licensee be permitted a stationary location thereon nor be permitted
to operate in a congested area where such operation might impede or
inconvenience the public use of such streets, sidewalk or public way.
For the purpose of this article, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested and the public impeded or inconvenienced.
[Code 1966, § 14.02(9)]
Licenses issued under the provisions of this article may be
revoked or suspended by the Village President for a period not to
exceed five days pending hearing by the Village Board for fraud, misrepresentation
or incorrect statements contained in the application or made in the
course of carrying on business; conviction of licensee for any crime
or misdemeanor; or conducting the licensed business in an unlawful
or disorderly manner as to menace the health, safety or general welfare
of the public.
