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:
Interstate commerce.
The sale of goods that are brought directly from another state to be delivered to the ultimate consumer. Goods that are warehoused or otherwise stored within this state are not considered to be within interstate commerce.
Itinerant merchant.
Any person who sells or offers to sell or conducts sales by any of the methods described in the definition of peddler and solicitor at any location within the limits of the city and within a building consisting of four (4) walls and a roof or any other structure, tent, from a vehicle, or upon an open tract of land for a period of less than thirty (30) days.
Itinerant vendor.
Includes peddlers, solicitors or itinerant merchants as those terms are defined herein.
Peddler and solicitor.
Includes, but is not limited to, any person who goes from place to place in the city soliciting orders for, selling, or offering to sell or take orders for any goods, wares, merchandise, services, photographs, magazines, or subscriptions to magazines, or food products except as exempted by section 4.08.004.
Sales activity.
Includes, but is not limited to, the sales activities described in this section.
(1991 Code, sec. 24-1)
This entire article is and shall be deemed an exercise in police powers of the state, and of the city for the public safety, convenience, comfort and protection of the city and its citizens, and all of the provisions hereof shall be construed for the accomplishment of that purpose.
(1991 Code, sec. 24-3)
The provisions of this article, other than section 4.08.005, shall not apply to:
(1) 
The sale or soliciting of orders for the sale of milk or dairy products, bakery products, vegetables, poultry, eggs and other farm and garden products insofar as the sale of such commodities are authorized by law.
(2) 
Ordinary commercial travelers who sell or exhibit for sale goods or merchandise to parties engaged in the business of buying and selling and dealing in such goods or merchandise.
(1991 Code, sec. 24-4)
It shall be unlawful for any person engaged in soliciting customers for any person engaged in the sale of goods, wares or merchandise of any kind to stop or detain any person upon the street, sidewalk or public place, or in any manner to harass, disturb or importune any person, or to take hold of any person or any article belonging to or possessed by such person.
(1991 Code, sec. 24-5)
(a) 
Organized flea markets which engage in multiple sales activities conducted by multiple vendors displaying their wares shall be required to comply with the provisions of this article but shall only be required to obtain a permit for the flea market, provided the person responsible for such flea market shall list each vendor and such vendor’s address on the application for a flea market permit.
(b) 
Organized farmers’ markets which engage in multiple sales activities conducted by multiple farmers displaying their wares shall be required to comply with the provisions of this article, but those farmers’ markets operated by the growers of the products shall be specifically exempted from the regulations herein provided.
(1991 Code, sec. 24-7; Ordinance adopting Code)
(a) 
It shall be unlawful for any person to engage in the sales activity coming under this article without having first obtained a permit to do so from the city clerk.
(b) 
It shall be unlawful for any individual as the agent or employee of another regulated under this article to sell goods or solicit funds in the city unless its principal or employer has received a permit under this division.
(c) 
No person shall solicit funds for a charitable purpose other than that which is set out in the statement upon which the permit was issued.
(d) 
It shall be unlawful for any individual directly or through an agent or employee to sell goods or solicit funds within the corporate limits of the city after the expiration of the permit issued by the city under this division.
(e) 
It shall be unlawful for any person directly or through an agent or employee to sell goods or solicit funds within the corporate limits of the city without a permit issued by the city under this division.
(f) 
It shall be unlawful for any individual directly or through an agent or employee to sell goods or solicit funds within the corporate limits of the city after the expiration of the permit issued by the city under this division.
(g) 
It shall be unlawful for any individual directly or through an agent or employee to solicit funds for a purpose other than that set out in the registration statement upon which the permit was issued.
(1991 Code, sec. 24-26)
Charitable, religious and nonprofit organizations which engage in the sales activities defined by this article shall be required to register with the city clerk on an annual basis providing the information specified by this section. Such organizations shall, in lieu of obtaining a permit for each worker or volunteer for such organization, be required to furnish to the city clerk the names and addresses of all workers or volunteers and provide them with proper identification prior to engaging in any sales activities. Charitable, religious and nonprofit organizations shall be exempt from the payment of the processing fee.
(1991 Code, sec. 24-27)
(a) 
Every person desiring a permit under this division shall make a written application therefor to the city clerk. The application shall state or include:
(1) 
Name and business address of applicant; location where sales will be conducted within the city.
(2) 
Name and address of person applicant is representing; agent for service of a corporation and/or name of owner of a business not incorporated; the assumed name of such business filed in the index in the county of its home office, for any business.
(3) 
An original copy of sales tax permit issued by the state comptroller.
(4) 
The kind, type and character of goods the applicant will offer for sale, and state whether such applicant, upon any such sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery and the period of time the applicant wishes to sell or solicit in the city.
(5) 
Permanent residence address of applicant.
(6) 
List of convictions for felonies, if any; type of offense and length of time served.
(7) 
Names and phone numbers of three (3) character witnesses who can be contacted within the next twenty-four (24) hours.
(8) 
Written consent from property owner or agent authorized to grant consent to applicant’s use of such private property for sales activity indicated in permit application.
(9) 
Name of each employer, agent, or representative for the applicant who will sell, offer, exhibit or solicit orders for the sale of goods, wares or merchandise for or on behalf of the applicant.
(b) 
A fee in the amount established by ordinance shall be charged for processing such application which sum shall be compensation to the city for the services required of it by this division and to enable the city to partially defray the expenses of enforcing the provisions of this division. Such fee is nonrefundable.
(c) 
The application required by this section shall be furnished to the city clerk under oath of the applicant.
(1991 Code, sec. 24-28)
Upon application for a permit being made by the applicant for the sale of goods within the city, the city clerk shall deliver the application to the chief of police, who shall investigate and verify the applicant, his firm or the firm he represents and report his findings to the city clerk by 5:00 p.m. the following business day. The city clerk shall prepare a memorandum summarizing the findings to be filed in the city clerk’s office.
(1991 Code, sec. 24-29)
An applicant for a permit under this division shall furnish a bond in the sum of not less than one thousand dollars ($1,000.00). It shall be executed by the itinerant merchant, peddler or solicitor, as principal with two (2) or more good and sufficient sureties satisfactory to the city clerk, which bond shall be payable to the mayor and his successors in office for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to a person caused by or arising from or growing out of the wrongful, fraudulent, or illegal conduct of the itinerant merchant, peddler or solicitor while conducting the sale or exhibit in the city. The bond shall remain in full force and effect for the entire duration of the permit as provided in this division and two (2) years thereafter.
(1991 Code, sec. 24-30)
It shall be unlawful for any individual directly or through his agents or employees to represent that the issuance of a permit under this division constitutes an endorsement or approval of the purposes of a solicitation or product for sale by the city.
(1991 Code, sec. 24-33)
The city clerk may deny, suspend, or revoke an applicant’s permit where he determines that:
(1) 
The applicant has given false or misleading information in his application for itinerant vendor’s license;
(2) 
The applicant has sold goods in violation of this article or violated other applicable laws and ordinances, pertaining to such activity in the course of such sale;
(3) 
The applicant has employed, contracted, or otherwise associated or enlisted unlicensed vendors as agents, employees, or representatives to sell, offer, exhibit, or solicit orders for the sale of goods in violation of this article;
(4) 
The applicant has unlawfully permitted another person to sell goods while displaying an itinerant vendor’s permit issued to such applicant;
(5) 
The applicant has unlawfully duplicated, reproduced, or altered an itinerant vendor’s permit for the purpose of circumventing the provisions of this article;
(6) 
The applicant presents or exhibits a false, counterfeit or altered itinerant vendor’s permit to any purchaser of goods, to the city clerk or his designee, or to any law enforcement officer;
(7) 
The applicant fails to display conspicuously his itinerant vendor’s permit in the course of selling goods within the city;
(8) 
The applicant engages in the sale of goods of a character or in such a manner as to endanger the health, safety, morals, or welfare of the public;
(9) 
The applicant fails to obey any lawful order of the city clerk, his designee, or any law enforcement officer having jurisdiction within the city;
(10) 
The applicant fails to appear in municipal court with respect to a summons or citation issued for violation of this article;
(11) 
The applicant fails to supply requested information pertaining to his state sales tax permit;
(12) 
The applicant is found to be selling goods at retail without a valid state sales tax permit;
(13) 
The applicant violates any law or regulation of the state pertaining to registration, filing of reports, or payment of any applicable state sales tax;
(14) 
The applicant’s state sales tax permit is suspended, expires, or is revoked under state law.
(1991 Code, sec. 24-34)
(a) 
If the applicant for permit required by this division is not satisfied with findings by the city clerk, or the results of the investigation and memorandum filed by the city clerk regarding such application, he may have the right to appeal to the city council by filing a written notice of such appeal with the city clerk within ten (10) days after the making and filing of such decision by the city clerk. Upon the filing of such notice of appeal, the application and all papers possessed by the city clerk in connection with such application shall be delivered to the city council and such matters as may be in controversy shall be heard by the city council at its next regular meeting after the filing of the notice of appeal and the council shall have the same powers and authority at such hearing on such appeal as are by this division invested in the city clerk.
(b) 
The right of appeal set out herein is not a condition precedent to the applicant’s seeking any other judicial relief in a court of competent jurisdiction.
(1991 Code, sec. 24-35)
A permit granted under this division shall be valid for one hundred eighty (180) days but may be renewed upon payment of a renewal fee in the amount established by ordinance. Each applicant for renewal must verify permit information as correct and file copies of sales tax returns for the prior business period.
(1991 Code, sec. 24-36)
It shall be unlawful for an individual to sell goods or solicit funds while displaying an identification card issued under this division in the name of another individual, organization, or entity.
(1991 Code, sec. 24-37)