The following words, terms and phrases, when used in the article,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning.
An individual or business including mobile food vendors,
who desires to do business from a fixed location without traveling
from place to place, house to house, or street to street.
Any person, whether a resident of this city or not, who shall
go from house to house or from place to place in the city, for the
purpose of soliciting, selling or taking orders for offering to sell
or take orders for any goods, wares, merchandise, services, money,
photographs, newspapers or magazines.
Any individual person, entity, firm or corporation who requests,
solicits, collects or accepts donations, funds, pledges or anything
of value.
(Ordinance 2012-17 adopted 5/1/12)
Any peddler, solicitor or itinerant merchant who enters upon
premises owned or leased by another and willfully refuses to leave
the premises after having been notified by the owner or possessor
of the premises, or his agents, to leave the same, shall be fined
as set forth in Section 4.416.
(Ordinance 2012-17 adopted 5/1/12)
It shall be unlawful for any itinerant merchant, peddler or
solicitor to engage in business or to solicit, collect or accept donations,
funds, pledges or any other thing of value within the city without
first having applied for and obtained a license from the city secretary.
(Ordinance 2012-17 adopted 5/1/12)
Solicitors shall be limited to one license per year and limited
to a three-day period consisting of Thursdays, Fridays and Saturdays
for no more than six (6) hours per day.
(Ordinance 2012-17 adopted 5/1/12)
It shall be unlawful for any peddler or itinerant merchant to
engage in the business between the hours of one-half hour before sunset
and 9:00 a.m. the following morning, or at any time on Sundays except
by specific appointment with or invitation from the prospective customer.
(Ordinance 2012-17 adopted 5/1/12)
All peddlers, solicitors and itinerant merchants must comply
with the provisions of this article at least seven days prior to going
within the city for the purpose of engaging in business.
(Ordinance 2012-17 adopted 5/1/12)
It shall be unlawful for any person to engage in business as
a peddler, solicitor or itinerant merchant within the city without
first having applied for and obtained a license from the city secretary.
(Ordinance 2012-17 adopted 5/1/12)
Any person desiring a license to engage in business as a peddler,
solicitor or itinerant merchant within the city shall make written
application to the city, which such application shall show and contain
the following:
(1)
The name
and address of the applicant;
(2)
The name
and address of the person, if any, that the applicant represents;
(3)
The kind
of goods or services offered for sale;
(4)
Whether
the applicant, upon any sale or order, shall demand, accept, or receive
payment or deposit of money in advance of final delivery;
(5)
The period
of time such applicant wishes to engage in such business within the
city;
(6)
Whether
or not the applicant has ever been convicted of a felony, and if so,
the complete circumstances thereof;
(7)
The last
five cities wherein the applicant has worked before coming to the
city.
(Ordinance 2012-17 adopted 5/1/12)
Before any license shall be issued under the provisions of this
article, the applicant therefor shall pay to the city a fee based
upon the length of time he desires such license as follows:
(1)
For one
year: $300.00.
(2)
For six
months: $200.00.
(3)
For three
months: $100.00.
(4)
For one
month: $60.00.
(5)
For one
week: $30.00.
(6)
For one
day: $15.00.
(Ordinance 2012-17 adopted 5/1/12)
No license shall be required of an organization or entity, or
persons representing an organization of entity, which is locally based
in the county, and upon request can demonstrate it operates a nonprofit
corporation, or is certified under state or federal statutes as a
tax exempt organization. Such locally based organization or entities
shall include:
(1)
Public
or private schools including their attendant groups and organizations;
(2)
Organized
religious congregations;
(3)
Local,
state and federal governmental entities and their political subdivisions;
(4)
Chartered
civic, fraternal or sorority organizations;
(5)
Any locally
based organization entitled to conduct operations under the Charitable
Raffle Enabling Act.
(Ordinance 2012-17 adopted 5/1/12)
No license shall be issued under the provisions of this article
until the applicant shall have complied with all the provisions and
requirements of this article.
(Ordinance 2012-17 adopted 5/1/12)
Each license issued under the provisions of this article shall
be signed by the city secretary, shall be dated as of the date of
its issuance, and shall state the duration or term of such license
on the face thereof. Any license not dated and signed as herein required,
or which was issued in violation of this section shall be void.
(Ordinance 2012-17 adopted 5/1/12)
Every license issued under the provisions of this article shall
be valid for the period of time stated therein.
(Ordinance 2012-17 adopted 5/1/12)
Every peddler, solicitor or itinerant merchant licensed under
the provisions of this article and doing business within the city
shall display his license upon the request of any person, and failure
to so display such license shall be deemed a misdemeanor.
(Ordinance 2012-17 adopted 5/1/12)
Any license issued under the provisions of this article may
be revoked for the violation by the licensee of any applicable provision
of this code, state law or city ordinance, rule or regulation.
(Ordinance 2012-17 adopted 5/1/12)
(a)
A violation
of any provisions of this article for which another penalty is not
already herein provided, shall be subject to the penalty provisions
of Section 1.109 of this code.
(b)
A violation
of Section 4.402 shall be fined in accordance with the general penalty
provision set forth in Section 1.109 of this code.
(Ordinance 2012-17 adopted 5/1/12)
