This article is and shall be deemed an exercise of the police
power of the state and of the city for the public safety, comfort,
convenience and protection of the city and citizens of the city, and
all of the provisions hereof shall be construed for the accomplishment
of that purpose.
(1986 Code, ch. 4, sec. 5:A)
Interstate commerce.
Soliciting, selling or taking orders or offering to take
orders for any goods, wares, merchandise, photographs, newspapers,
magazines, or subscriptions to newspapers or magazines which, at the
time the order is taken, are in another state or will be produced
in another state and shipped or introduced into this city in the fulfillment
of such orders.
(1986 Code, ch. 4, sec. 5:B)
Any person, firm or corporation violating any provision of this
article or failing to observe any provision hereof shall be deemed
guilty of a misdemeanor and upon conviction shall be fined, and each
and every day or fraction of a day during which this article, or any
part thereof, shall be violated shall be deemed a separate offense
and punishable as such.
(1986 Code, ch. 4, sec. 5:I)
The provisions of this article shall not apply to sales made
to dealers by commercial travelers or sales agents in the usual course
of business, nor to sales made under authority and by order of law,
nor to vendors of farm or dairy products.
(1986 Code, ch. 4, sec. 5:G)
(a) The
provisions of this article shall not apply to persons engaged in interstate
commerce as that term is herein defined; provided, however, that it
shall be unlawful for persons engaged in interstate commerce to go
from house to house or place to place in the city without having first
registered with the city secretary and secured a certificate of registration.
Each registrant shall provide the city secretary with the following
information when registering:
(1) Name, home address and local address, if any, of the registrant;
(2) Name and address of the person, firm, or corporation, if any, that
he or she represents or for whom or through whom orders are to be
solicited or cleared;
(3) Nature of the articles or things which are to be sold or for which
orders are to be solicited;
(4) Whether the registrant, upon any sale or order, shall demand or receive
or accept payment or deposit of money in advance of final delivery;
and
(5) Period of time for which the registrant wishes to solicit or sell
in the city.
(b) The
registrant, at the time of the registration, as herein provided for,
shall submit for inspection of the city secretary written proof of
his identity, which may be in the form of an automobile operator’s
license or identification letter or card issued to the registrant
by the person, firm or corporation for whom or through whom orders
are to be solicited or cleared.
(c) When
any such person so engaged in interstate commerce shall have submitted
the above-required information to the city secretary, said official
shall issue a certificate of registration under his hand and the seal
of the city stating that the registrant has duly complied with this
article. Such certificates shall be valid for one (1) year from the
date of their issuance.
(1986 Code, ch. 4, sec. 5:H; Ordinance
adopting Code)
(a) Prohibited acts.
The practice of going in and upon private
residences in the city by solicitors, peddlers, hawkers, itinerant
merchants or transient vendors of merchandise, not having been requested
or invited to do so by the owner or owners, or occupant or occupants,
of said private residences, for the purpose of soliciting orders for
the sale of goods, wares and merchandise, and/or for the purpose of
disposing of and/or peddling or hawking the same, is hereby declared
to be a nuisance, and punishable as such nuisance, as a misdemeanor.
(b) Enforcement.
The chief of police of the city, and all
other police officers of the city, are hereby required and directed
to suppress the same and to abate any such nuisance as is described
above.
(c) Penalty.
Any person found guilty of perpetrating a nuisance
as described and prohibited above shall, upon conviction thereof,
be fined, and each call made shall be considered as a separate offense.
(1986 Code, ch. 4, sec. 5:J)
It shall hereafter be unlawful for any person to go from house
to house or from place to place in the city soliciting, selling or
taking orders or offering to sell or take orders for any goods, wares,
merchandise, services, photographs, newspapers, magazines, or subscriptions
to newspapers or magazines without having first applied for and obtained
a license to do so from the city secretary. It shall also hereafter
be unlawful to sell or solicit in the city as aforesaid without carrying
such license while engaged in such soliciting or selling.
(1986 Code, ch. 4, sec. 5:C)
Any person desiring to go from house to house or from place
to place in the city to sell or solicit orders for goods, wares, merchandise,
services, photographs, newspapers, magazines, or subscriptions to
newspapers or magazines shall make written application to the city
secretary for a license to do so, which application shall show the
name and address of the applicant, the name and address of the person,
firm, or corporation, if any, that he or she represents and the kind
of goods offered for sale, and 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 such applicant
wishes to sell or solicit in the city.
(1986 Code, ch. 4, sec. 5:D)
The license fee for an itinerant merchant or itinerant vendor shall be as set forth in appendix
A to this code. Provided, however, when any person, firm, company, partnership, corporation or association engages in any activity mentioned in section
4.03.031 hereof through one (1) or more agents or employees, such person, firm, company, partnership, corporation, or association shall, in addition to the fee above mentioned, pay a license fee as set forth in appendix
A for each agent or employee so engaged, all of which licenses shall be valid for one (1) year from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of said licenses.
(1986 Code, ch. 4, sec. 5:E)
The application mentioned in section
4.03.032 hereof shall be accompanied by a bond in the penal sum set forth in appendix
A to this code, signed by the applicant and signed, as surety, by some surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines, and newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of said bond at the time of delivery, and that may be discovered by such purchaser or customer within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons, firms or corporations that may make any purchase or give any order to the principal on said bond, or to an agent or employee of the principal. Provided that, in case the applicant is a person, firm, company, partnership, corporation or association engaging in any activity mentioned in section
4.03.031 hereof through one (1) or more agents or employees, such person, firm, company, partnership, corporation or association shall be required to enter into only one (1) bond, in the sum above required, which bond shall be made to cover the activities of all its agents or employees.
(1986 Code, ch. 4, sec. 5:F)