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 consumer transaction for the purchase of goods, services,
or realty, payable in installments or in cash, in which the merchant
engages in a personal solicitation of the sale to the consumer at
the consumer’s residence, in person or by telephone, and the
consumer’s agreement or offer to purchase is given at the residence
to the merchant, either in person or by telephone. A “home solicitation
transaction” shall not include a sale made pursuant to a preexisting
revolving charge account or retail charge agreement, or a sale made
pursuant to prior negotiation between the parties at a business establishment
at a fixed location where goods or services are offered or exhibited
for sale, or a sale of realty in which transaction the purchaser is
represented by a licensed attorney or in which the transaction is
being negotiated by a licensed real estate broker.
The soliciting or taking orders for, or offering to sell
or take orders for, any goods, wares, merchandise or other personal
property or services which, at the time the order is taken, are in
a state other than this state or will be produced in a state other
than this state and shipped or introduced into this city in the fulfillment
of such order.
Any person offering or exposing for retail sale, or making
retail sales of, any goods, products, wares or merchandise or other
personal property of any type, at any outdoor business location; provided,
however, that this definition shall not include merchants who ordinarily
and regularly offer such items for retail sale within permanent structures
located on the same premises; provided further that this definition
shall not include those sales commonly known as a garage sale, porch
sale, backyard sale, patio sale, lawn sale, yard sale, attic sale,
estate sale, moving sale, or any similar sale of tangible personal
property held out for sale to the public and conducted from or on
any lot in a residential zoning district conducted by an individual
who owns, leases or has the permission of the owner of the structure
located on the same premises.
Any sale or sales transactions of goods, products, wares,
merchandise or other personal property, except as made by a person
engaged in selling such personal property at wholesale to dealers
in such property.
Selling or attempting to sell goods or services, or taking
or attempting to take orders for service or goods to be performed
or furnished in the future.
Any person who goes from house to house or place to place
soliciting, selling or taking orders for or offering to sell or take
orders for any goods, merchandise or services. The term “solicitor”
shall not include a person on property by invitation of the owner
of the property.
(1990 Code, sec. 3.401)
(a)
Itinerant
vendors shall not do business on Wesley Street.
(b)
There
shall be no outdoor sales of merchandise on Wesley Street, except
for outside merchandise displays by permanent vendors whose businesses
are located on Wesley Street; however, such displays must be set back
from all street-front property lines and from all rights-of-way by
a minimum of thirty (30) feet.
(c)
No
vendor may operate within five hundred (500) feet of any school, hospital
or church.
(d)
It
is a violation for any solicitor to conduct or attempt to conduct
business at a location where a sign clearly indicates that solicitation
is unwelcome.
(Ordinance 08-130 adopted 11/25/08)
(a)
No
person, owner, breeder or dealer shall offer, sell, barter, trade,
lease, or give away any live animal, on or along any street, roadway
or right-of-way; or from any parking lot along such street roadway
or right-of-way.
(b)
This
section shall not apply to:
(1)
Incidental sale of pets that are associated with sales commonly known
as a garage sale, porch sale, backyard sale, patio sale, lawn sale,
yard sale, attic sale, estate sale, moving sale, or any similar sale
of tangible personal property held out for sale to the public and
conducted from or on any lot in a residential zoning district conducted
by an individual who owns, leases or has the permission of the owner
of the structure located on the same premises.
(2)
Transactions by a business at its permanent retail location who normally
engage in the sale of pets and otherwise meet all other display and
setback requirements of this article.
(3)
A special adopt-a-pet event sponsored by a not-for-profit animal
shelter, animal rescue or animal adoption organization, from a nonresidential
location and upon review and approval by the community development
department. Such events must be located at or near the building or
building entrance.
(Ordinance 08-130 adopted 11/25/08)
Any person violating any provision of this article shall be, upon conviction, adjudged guilty of a misdemeanor and fined as provided for in section 1.01.009 of this code. Every sale of an itinerant vendor without a permit or otherwise in violation of this article shall constitute a separate offense.
(Ordinance 08-130 adopted 11/25/08)
(a)
It
shall be unlawful for any person to engage in business as a solicitor
or itinerant vendor within the corporate limits of the city without
first obtaining an itinerant vendor permit from the city.
(b)
It
shall be unlawful for any person to state, maintain, imply or represent
that he has an itinerant vendor permit when he does not, in fact,
possess a valid itinerant vendor permit from the city.
(c)
Persons
required by this code to possess an itinerant vendor permit from the
city, upon request from any police officer, any enforcement official,
or person, shall promptly produce such permit.
(1990 Code, sec. 3.402; Ordinance
adopting Code)
Applicants for a permit pursuant to this division shall file
with the city director of community development a verified application
on a form to be furnished by the city, which shall contain the following
information:
(1)
The
full name, description, birth date, and social security number of
the applicant; include driver’s license number or other form
of government identification which includes a photograph. The director
of community development or the police chief may request to see the
originals of such documents;
(2)
The
applicant’s address and telephone number, both legal and local;
(3)
A
brief description of the business to be conducted, items to be sold,
and the legal description and address of any fixed outdoor location
desired for business;
(4)
For
interstate commerce exemption applicants, the state where the goods
originate;
(5)
The
time period for which the applicant desires to do business;
(6)
The
license number and description of any vehicle to be used (if applicable);
(7)
A
verification that the applicant or the applicant’s employer
possesses a valid state sales tax certificate, or other proof that
sales tax has been or is being paid on the items sold or to be sold,
or proof that the applicant or the applicant’s employer is exempt
from the payment of sales tax;
(8)
The
content of any signs to be used;
(9)
A
site plan depicting the fixed outdoor location desired, if any, and
the location of any structure, vehicle, sign or display to be used
while conducting the business at such fixed location;
(10)
A written, notarized statement by the legal owner of the land upon
which any fixed outdoor business location shall be located authorizing
the use of the land for the purposes desired by the applicant;
(11)
If employed by another, the name and address of the applicant’s
employer, together with a brief description of credentials showing
the exact relationship; and
(12)
A statement of whether the applicant has been convicted within the
previous five years of a felony or misdemeanor involving dishonesty
or fraud, burglary, theft, robbery, homicide, murder or any sex offense,
and the punishment or penalty assessed.
(1990 Code, sec. 3.403)
Any person making application for a permit required by the provisions of this division shall pay to the city a nonrefundable application fee. The amount of such fee shall be as set forth in section A6.05.033 of appendix A to this code. This application for an itinerant vendor’s permit shall be accompanied by a bond in the sum of two thousand dollars ($2,000.00), signed by the applicant and signed, as surety, by a surety company authorized to do business in the state, satisfactory to the director of community development, conditioned for the final delivery of goods, wares, merchandise, or services, and conditioned for the correction or remedy of any and all defects in material or workmanship that may exist in the article sold by the principal of such bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of all persons who may make any purchase or give any order to the principal on such bond, or to an agent or employee of the principal.
(1990 Code, sec. 3.404)
(a)
Upon
receipt of an application for a permit pursuant to this division,
the director of community development shall make or cause to be made
any inquiry or investigation that may be necessary to determine whether
the applicant is in compliance with the provisions of all laws and
ordinances applicable to outdoor selling as well as other applicable
provisions of this code.
(b)
Upon
completion of any investigation as provided for by this section, the
director of community development shall review the application to
ensure that:
(1)
The applicant or applicant’s employer possesses a valid state
sales tax certificate, or he or she has otherwise demonstrated that
sales tax has been or is being paid on the items sold, or the applicant’s
employer is exempt from payment of such tax;
(2)
The applicant or the applicant’s employer is aware of the responsibility
to collect and pay sales tax, unless tax exempt;
(3)
The site chosen for any fixed outdoor business location is appropriately
zoned for such a land use, is otherwise in full compliance with the
city’s zoning code, and the said location does not extend onto
any portion of the public right-of-way;
(4)
The applicant’s character or business responsibility is not “unsatisfactory” (as defined in subsection (d) below);
(5)
The applicant’s proposed signs and locations comply with all
of the provisions of the city’s zoning code; and
(6)
The application otherwise complies with all of the provisions of
the Code of Ordinances.
(c)
Within
three (3) business days after receipt of the application, the director
of community development shall either approve or disapprove of the
application. Grounds for disapproval shall be the following:
(1)
A finding that the application is incomplete or insufficient;
(2)
Nonpayment of the application fee;
(3)
Failure of the applicant to verify that he or she, or the applicant’s
employer, possesses a valid state sales tax certificate; or that sales
tax has been or is being paid on the items sold; or that he or she,
or the applicant’s employer, is otherwise exempt from payment
of sales tax;
(4)
A finding that the site chosen for a fixed outdoor business location
is not properly zoned for the proposed land use or that said site
extends onto a portion of the public right-of-way;
(5)
A finding that the applicant’s proposed signs and locations
therefor are not in compliance with the city’s zoning code;
(6)
A finding that a false statement or material representation is made
on the application, which shall be grounds for immediate denial or
revocation of a permit;
(7)
A finding that the application is not in conformance with any other
applicable provisions of the Code of Ordinances; or
(8)
A finding that the applicant’s character or business responsibility for an itinerant vendor permit is “unsatisfactory” (as defined in subsection (d) below); or if the application is approved the director of community development shall issue the permit. If the application is disapproved, the director of community development shall state in writing and with specificity the reason(s) for disapproval. The director of community development shall immediately notify the applicant of such disapproval. Mailing a copy of a letter of disapproval to the address shown on the application shall be deemed to be adequate notification of the applicant.
(d)
For
the purpose of this section, “unsatisfactory character or business
responsibility” of an applicant shall be defined as follows:
(1)
A finding that the applicant has been convicted of two or more violations
of the provisions of this article within the preceding 12 months;
(2)
A finding that a previous permit held by the applicant pursuant to
the provisions of this article was revoked within the previous 12
months; or
(3)
A conviction, within the previous five years, of either a felony
or misdemeanor offense involving fraud or dishonesty, including but
not limited to larceny, theft, burglary, robbery, embezzlement, homicide,
murder or any sex offense, or crimes involving fraud.
(1990 Code, sec. 3.405)
(b)
The
following are exempt from the permit fee, application and restrictions:
(1)
Any individual soliciting for a locally sponsored philanthropic,
charitable, political, religious, and nonprofit corporation. These
individuals shall notify the director of community development, in
writing, of the approximate dates they are soliciting in the area,
persons who will solicit, a description of items to be sold, and the
organization they represent.
(2)
Newspaper carrier.
(3)
Any person permitted for food service and engaged in the food service
business.
(c)
All
other sections of this article shall apply.
(1990 Code, sec. 3.406)
The director of community development shall specify on the face
of the permit the legal description and address of the fixed outdoor
location desired for business by any itinerant vendor. The director
of community developer shall specify on the face of the permit the
expiration date. No permit may be issued for any length of time longer
than thirty (30) days from the date of the application. The itinerant
vendor shall engage in business only at the fixed outdoor location
specified on the face of the permit.
(1990 Code, sec. 3.409)
All vendors permitted under the provisions of this division
shall comply with the following rules and regulations which shall
be conditions of the permits:
(1)
The itinerant vendor shall deposit a sum as provided in section A6.05.037 of the fee schedule in appendix A to this code with the city, conditioned that no paper, litter or other debris will be permitted to remain upon the site of the temporary sale. The deposit shall be returned to the permittee within ten (10) days after said permit expires, upon certification by the director of community development that all conditions of this article have been met. Should actual costs for necessary cleaning exceed this amount, the permittee shall pay such additional sum to the city within ten (10) days from the date of notification. If that amount is not paid, no future permits shall be issued to the same permittee for a period of two (2) years. Nothing herein shall preclude the city from enforcing any legal or equitable remedy against the permittee in addition to the deposit. The applicant shall have the right to present evidence to the director of community development of why the deposit should be lowered or waived, and the building official shall have the authority to grant such reduction or waiver.
(2)
All
vendor premises and surrounding area shall be kept clean and free
of trash and litter. A trash receptacle shall be available upon or
within seventy-five (75) feet of every vending unit. Every vendor
issued a permit under the provisions of this division shall, within
five (5) days of such issuance, verify in writing that he has obtained
training or information on litter and waste handling from Keep America
Beautiful Inc., or some other approved organization operating an educational
program to reduce litter in the city.
(3)
The
itinerant vendor shall provide one (1) unisex portable sanitary facility.
In lieu of the portable sanitary facility, the vendor may provide
a permission letter from the owner or manager of a property located
within a two-hundred-foot radius of the sale property granting permission
to use their sanitary facilities; however, the property within a 200-foot
radius of the sale property shall not be located across a thoroughfare
of four lanes or larger.
(4)
(A)
Itinerant vendors shall conduct vending operations between the hours
of 9:00 a.m. and 4:00 p.m. on weekdays, and between 7:00 a.m. and
2:00 p.m. on weekends, and no vending unit shall remain on the premises
except during such period of operations.
(B)
No person shall go upon any residential premises and ring the doorbell,
or rap or knock upon the door, or create any sound in a manner calculated
to attract the attention of the occupant, for the purpose of engaging
or attempting to engage in a home solicitation transaction, prior
to 9:00 a.m. or after 9:00 p.m. of any day, Monday through Saturday,
or any time on Sunday, New Year’s Day, July Fourth Holiday,
Labor Day, Thanksgiving Day, or Christmas Day.
(5)
All
permits shall be prominently displayed and plainly visible within
or upon the vending unit. Identification cards shall be displayed
to any person so requesting.
(1990 Code, sec. 3.410; Ordinance
adopting Code)
(a)
All
itinerant vendors shall comply with the site plan submitted pursuant
to the provisions of this division in regard to the fixed outdoor
location specified therein, and in regard to the location of any structure,
vehicle, sign, or display to be used while conducting business at
such fixed outdoor location.
(b)
An
itinerant vendor who desires a different fixed outdoor location for
conducting business, or who desires to otherwise amend the submitted
site plan, shall file an amended site plan prior to deviating from
the site plan then on file with the director of community development.
(c)
Upon
the filing of an amended site plan, the director of community development
shall review it to ensure compliance with the provisions of this article
and all other applicable provisions of this code. If the amended site
plan is approved, the director of community development shall amend
the permit to indicate any new fixed outdoor location for the conduct
of the business.
(d)
Failure
of an itinerant vendor to comply with the original or amended site
plan on file with the director of community development shall constitute
a violation of this article subject to the penalty specified in this
article.
(1990 Code, sec. 3.411)
Itinerant vendors are hereby required to exhibit and display
their permits or authorized evidence thereof at all times whenever
they are engaged in outdoor selling.
(1990 Code, sec. 3.412)
Permits issued under the provisions of this division may be
revoked. Grounds for revocation shall include but not be limited to
the following:
(1)
Fraud,
misrepresentation, or any false statement contained in the application
for the permit;
(2)
Conviction
of the permittee of a felony;
(3)
Conviction
of a misdemeanor involving fraud or dishonesty, including but not
limited to fraud, larceny, burglary, robbery, or embezzlement;
(4)
A
conviction of the permittee for two or more violations of the provisions
of this article within the preceding 12 months; or
(5)
A
finding that the permittee has conducted the business for which the
permit was issued in an unlawful manner or in such manner as to constitute
a breach of the peace.
(1990 Code, sec. 3.413)
When a permit issued pursuant to the provisions of this division
expires, or is revoked, its holder shall surrender it to the director
of community development and the permit shall become the property
of the city.
(1990 Code, sec. 3.414)
In the event an applicant is denied a permit or a permit is
revoked, the applicant may appeal the decision by filing a written
statement to the city manager no later than ten (10) days after denial
or revocation. The city manager may affirm, reverse, or modify the
decision of the director of community development and shall do so
within three (3) business days of the receipt of the appeal.
(1990 Code, sec. 3.407)
The holder of any expiring permit, issued under this division, who desires a new permit, shall file a written application for renewal with the director of community development. The application for renewal shall contain the information required in section 6.05.032 of this division. The director of community development, in determining whether to approve or disapprove an application for renewal of a permit, shall be guided by the provisions in section 6.05.034 of this division.
(1990 Code, sec. 3.415)
