(a) 
It shall be unlawful for an itinerant merchant as defined in section 26-126 to engage in such business within the city without first obtaining a permit from the city clerk. Such permit shall be posted at each location specified in the application and in such a place as to be visibly seen by traffic and/or passersby.
(b) 
The issuance of a permit under this division does not authorize the holder to go on private property for the purpose of engaging in his business, when he has notice that his entrance is forbidden or he has received notice to depart.
(2001 Code, sec. 26-156; Ordinance 03-2010, sec. 1, adopted 1/5/10)
(a) 
Any individual, firm, association or corporation desiring a permit required by this division shall make written application to the city clerk, on a form to be furnished by the city clerk. The application shall show the following:
(1) 
Full name of applicant;
(2) 
Date of birth of individual applicant or individual applying on behalf of non-individual applicant;
(3) 
Address of applicant or address of headquarters of non-individual applicant;
(4) 
If applicant is not an individual, the state in which the entity is organized;
(5) 
Social security number or driver’s license number of individual applicant or the employer’s identification number of non-individual applicant;
(6) 
Valid copy of sales and use tax permit issued by the state comptroller or sworn certification by applicant that the item sold is exempt from sales and use tax;
(7) 
The occupation in which the applicant desires to engage and for which he desires a permit;
(8) 
A full and complete description of the goods, wares, merchandise or other personal property or the services which the applicant desires to sell. The description shall give in detail the grade and character of the property or services to be sold. Further description as to grade and quality, depending on the nature of the property, may be required by the city clerk;
(9) 
The description and license number of all vehicles to be used by the applicant; and
(10) 
The address where the temporary business will be conducted.
(b) 
The application shall be signed by the applicant if an individual, by a partner if a partnership, by the president or vice-president if a corporation, and by an authorized officer if an association.
(2001 Code, sec. 26-157; Ordinance 03-2010, sec. 1, adopted 1/5/10)
There shall be attached to each application for a permit required by this division the following:
(1) 
If the applicant is an individual working for a company, a certificate or letter from the president, vice-president, general manager, sales manager, assistant sales manager or district or area manager of the company, stating that the applicant is an employee and/or agent of such company.
(2) 
If the applicant is other than an individual, the applicant shall furnish to the city clerk a list containing the name and permanent address of each employee working under the permit.
(3) 
A reference letter or report from the Better Business Bureau or Chamber of Commerce of the county in which the applicant resides or the business is located.
(2001 Code, sec. 26-158; Ordinance 03-2010, sec. 1, adopted 1/5/10)
The sponsoring organization of a multiple vendor event shall complete an application as required in sections 26-157 and 26-158. In addition, the sponsoring organization shall, within three days from the completion of the event, furnish the city clerk with a complete list of the name, permanent address, taxpayer number (or certification of exemption) and type of product sold by each merchant operating under the permit of the sponsoring organization.
(2001 Code, sec. 26-159; Ordinance 03-2010, sec. 1, adopted 1/5/10)
(a) 
Each applicant for an itinerant merchant permit shall be charged a fee established by separate ordinance, regardless of the term of the permit. Itinerant merchants having more than one location shall be charged an additional fee for each additional location as established by separate ordinance and adopted by city council.
(b) 
Every permit shall expire on December 31 of the year in which it was issued.
(2001 Code, sec. 26-160; Ordinance 03-2010, sec. 1, adopted 1/5/10)
If, upon consideration, it shall appear to the city clerk that the statements contained in the application for the permit required under this division are true and that the applicant has the right, under the laws of this state and city, to engage in the requested business, then the city clerk shall issue the permit.
(2001 Code, sec. 26-161; Ordinance 03-2010, sec. 1, adopted 1/5/10)
An itinerant merchant shall not be permitted to move to any location other than that which is specified in the original application without having first provided written notice to the city clerk.
(2001 Code, sec. 26-162; Ordinance 03-2010, sec. 1, adopted 1/5/10)
Each permit issued under this division shall contain the following:
(1) 
The name and address of the applicant.
(2) 
If an individual, a physical description of the applicant.
(3) 
The type of permit, whether for a solicitor or itinerant merchant.
(4) 
The date of issuance and date of expiration of the permit.
(2001 Code, sec. 26-163; Ordinance 03-2010, sec. 1, adopted 1/5/10)
After the permit required under this division has been issued, the permit may be revoked by the city clerk if:
(1) 
The city clerk or other city official finds that the permit was obtained by false representation in the application.
(2) 
It shall appear to the city clerk that the holder of such permit has violated any city ordinance or any state law in connection with the collection or attempted collection of any account due to such permit holder or his employee or in connection with the repossession or attempted repossession of goods sold by the permit holder or any other person employed by the employer of the permit holder.
(3) 
It is determined that the permit holder is guilty of fraud, misrepresentation or false statement made in the course of carrying on his business under the permit or that his employees carry on a pattern of fraud, misrepresentation or false statement made in the course of carrying on business under the permit.
(2001 Code, sec. 26-165; Ordinance 03-2010, sec. 1, adopted 1/5/10)
If the applicant for a permit required under this division or the holder of such a permit is dissatisfied with any holding or finding of the city clerk, he shall have the right to appeal to the city council by filing a written notice of such appeal with the city clerk within ten days from the making and filing of such decision of the city clerk. Upon the filing of such notice of appeal, the application for the permit and all papers possessed by the city clerk in connection with such application and the permit shall be delivered to the city council. Such matters as may be in controversy shall be heard by the city council within 30 days after the filing of the notice of appeal. The city council shall have the same powers and authority at such hearing on such appeal as is vested in the city clerk by this article.
(2001 Code, sec. 26-166; Ordinance 03-2010, sec. 1, adopted 1/5/10)