The term “peddler,” as used in this article, shall
mean and include any person who travels from place to place or from
house to house, and offers goods, services, wares, subscriptions,
photographs, or other merchandise for sale.
(2000 Code, sec. 4.301)
It is unlawful for any person, firm, corporation, or agent to fail to comply with the requirements of this article or any provision thereof, and each such failure shall be punished as a class C misdemeanor by a fine in accordance with the general penalty provision found in section
1.01.009 of this code. Each such person, firm, corporation, or agent shall be deemed to be guilty of a separate offense for each and every day, or part thereof, during which any violation of this article is committed or continued. Any complaint related to the violation of this article or any provision thereof shall be filed with the municipal court clerk.
(2000 Code, sec. 4.314)
The practice of going into and upon private residences in the city by peddlers not having been requested or invited to do so by the owner or occupant of said private residences for the purposes of soliciting orders for the sale of goods, wares and merchandise, or disposing of or peddling or hawking the same, is declared to be a nuisance and punishable as such as a class C misdemeanor by a fine in accordance with the general penalty provision found in section
1.01.009 of this code.
(2000 Code, sec. 4.310)
It shall be unlawful for any peddler to engage in the business
of peddling at any time between thirty (30) minutes prior to sunrise
and thirty (30) minutes after sunset except when the peddler has specific
invitation and appointment with the customer.
(2000 Code, sec. 4.311)
It shall be unlawful for any peddler to take a stand or stop
or stand his vehicle on any public street within the city for more
than fifteen (15) minutes.
(2000 Code, sec. 4.313)
It shall be unlawful for any person to be a peddler within the
city without first applying for and obtaining a permit to do so from
the city.
(2000 Code, sec. 4.302)
Said permit shall not be issued unless and until said applicant shall, by said investigation, be proven to have a reasonably good reputation for reliability and dependability. In order to defray part of the expense necessary to provide the surveillance and inspection of persons, firms, and corporations as required by the terms of this article, there is hereby fixed a permit fee as provided for in the fee schedule found in appendix
A of this code, which shall be collected from any person going in and upon the premises of private residences and soliciting orders for merchandise or offering the merchandise for sale and from each person so engaged in the act of soliciting for orders of merchandise or the sale of merchandise who calls upon the premises of a private residence. In no event shall there be any refund or proration of any fee paid under this article.
(2000 Code, sec. 4.304)
The permit required by section
4.03.043 and the bond required by section
4.03.045 shall not be required of the following:
(1) Ordinary
commercial travelers who sell or exhibit for sale goods, wares and
merchandise to persons engaged in the business of buying, selling
and dealing in the same within the city;
(2) Sale
of goods, wares and merchandise, the proceeds of which are to be used
and applied to some locally recognized charitable, educational, religious
or philanthropic purpose; and
(3) Those
bonded distributors who take orders for future delivery of products
regulated by interstate commerce.
(2000 Code, sec. 4.305)
Each application shall be accompanied by a surety bond in the
penal sum of $1,000.00, executed by such applicant as principal and
a surety company licensed to do business as such in this state. No
application shall be accepted, and no permit shall be issued hereunder,
without a surety bond as set forth herein.
(2000 Code, sec. 4.306)
Along with every permit issued under the provisions of this
article, the permittee shall be issued a card, which shall be wallet
size and contain the name of the permittee, permit number, date of
expiration of permit, and the signature of the city secretary. Such
card shall be stamped with the city seal on the face thereof. It shall
be unlawful for the permittee to engage in his business without having
such card in his possession, and it shall further be unlawful for
such permittee to fail or refuse to show or display such card upon
the request of any person demanding the same.
(2000 Code, sec. 4.307)
Each permit issued under the provisions of this article shall
not be transferable or assignable and shall give to no person other
than the permittee authority to transact any business in the city
as a peddler.
(2000 Code, sec. 4.308)
Each permit required by this article shall be valid for a period
of one calendar quarter, or part thereof, and may be removed by the
city for good cause.
(2000 Code, sec. 4.309)