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:
Food establishment.
Coffee shops, cafeterias, short order cafes, restaurants, luncheonettes, taverns, sandwich stand, BBQ stands, soda fountains and all other such eating or drinking establishments.
Garage sales.
A bona fide sale commonly known as or advertised as garage sale, lawn sale, attic sale, rummage sale, or any similar casual sale of personal used goods or merchandise upon a residential property provided not more than one sale per four month period occurs upon the residential property which lasts not longer than two consecutive days.
Mobile food establishment.
A food establishment operating from a vehicle or any portable structure on a trailer or wheels, that meets all the requirements of county health district; has received a permit to operate; has a properly licensed operator for the vehicle to be operated; the vehicle otherwise complies with the rules of the road; and that does not remain in any one location for a period of more than two (2) weeks.
Noncommercial purpose or cause.
A purpose or cause not created, existing or espoused for the generation of profit or the remuneration of individuals, including, but not limited to, the religious or charitable solicitation of contributions, seeking political support or contributions, the promotion of civic causes, the promotion of conservation of resources or animals, advocating a philosophy or religion, or minors conducting fundraising activities, who represent an organization for the benefit of youths, including but not limited to Boy Scouts, Girl Scouts, little league groups, and school groups.
Open air vendor.
Any person who engages in a commercial business within the city of selling, or offering for sale, any goods, merchandise or products, or exhibiting goods or merchandise for sale, or for the purpose of taking orders for the sale thereof, who displays, exhibits, sells, or offers for sale such goods, merchandise or services upon or from any vehicle, cart, stand, stall, tent, or other such structure similar structure, from, in or upon any private commercial or industrial premises or public property. The vending structure shall comply with the applicable zoning, building codes, and site development requirements of the city, when applicable. The term does not include peddlers, solicitors, or itinerant vendors who continuously move about from place to place and who do not occupy any particular parcel of private property as a permanent or stationary place for the conduct of their business. The term shall exclude authorized mobile food, seasonal food and temporary food establishments and garage sales compliant with the requirements of this article.
Peddler.
Any person, whether a resident of this city or not, who sells or offers for sale for immediate delivery any goods, merchandise, or products by carrying goods, merchandise or products from place to place, house to house, business to business, street to street, or upon public property. Transfer of payment at the time of sale or later is immaterial. The word “peddler” shall include the terms “solicitor,” “itinerant vendor” and “commercial solicitor.” This term shall not include individuals connected with a noncommercial purpose or cause.
Permit holder.
Any person holding a current permit or license issued pursuant to this article.
Person.
An individual human, partnership, co-partnership firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
Semi-permanent establishment.
An establishment operating at a fixed nonresidential location after having received a permit to operate for a specific season or portion of the year only, not to exceed six (6) months in any calendar year, that operates from a trailer, stand or building which does not permit access to customers inside of the establishment.
Services.
The performance of labor for the benefit of another or at another’s command.
Solicitor.
A person who attempts to make personal contact with a resident at his/her residence without a prior specific invitation or appointment from the resident, for the primary purpose of:
(1) 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
(2) 
Distributing a handbill or flyer advertising a commercial event or service.
Special event.
An activity which makes a significant contribution to the cultural, economic, or social welfare of the city, is sponsored or organized by the city, an individual, corporation or organization, is held at a particular time and location, and is for the purpose of the sale or distribution of services or goods on public property.
(Ordinance 2014-06 adopted 5/13/14; Ordinance 2018-02 adopted 4/10/18)
It shall be unlawful for any peddler or solicitor to sell or solicit or take orders for or offer to sell or take orders for or display any goods, wares, merchandise, animals, photographs, newspapers, magazines, food, drink or confection on any public square, park, street, road, highway, alley, sidewalk or other public property within the limits of the city without having first obtained an appropriate permit authorizing the specific activity at such location as provided for in this article. Noncommercial purposes or causes shall be exempt from permit requirements provided no goods are sold and the activities do not interfere with traffic.
(Ordinance 2014-06 adopted 5/13/14)
The provisions of section 4.04.002 shall not apply to the following upon private premises within the city or public property when specifically noted:
(1) 
Except as set forth in section 4.04.047 pertaining to Mill Pond Park, authorized contractual concessions permitted upon city premises by agreement, lease or contract with the city duly authorized by the city council3
(Ordinance 2018-02 adopted 4/10/18)
It shall be unlawful for any peddler or solicitor to enter upon any private premises or to ring the doorbell or rap or knock in any way in a manner calculated to attract the attention of the occupant when such premises are posted with a sign stating “no peddlers allowed” or “no solicitations allowed” or other words to such effect.
(1) 
A person desiring that no merchant or other person engage in home solicitation at his or her residence or business shall exhibit in a conspicuous place upon or near the main entrance to the building, a weatherproof card, not less than three inches by four inches in size, containing the words “no peddlers allowed” or “no solicitations allowed” or other words to such effect. The letters shall not be less than two-thirds of an inch in height. Everyone permitted under this article, upon going onto any premises upon which a building is located, shall first examine the main entrance to the building to determine if any notice prohibiting soliciting is exhibited upon or about the main entrance of the building. If a notice complying with this section is exhibited, the permittee shall immediately depart from the premises without disturbing the occupant, unless the visit is the result of a request by the occupant.
(2) 
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 of the residence or for the purpose of securing an audience with the occupant or engaging in or attempting to engage in a home solicitation transaction if a card, as described in subsection (a) of this section, is exhibited in a conspicuous place upon or near the main entrance to the building, unless the visit is the result of a request made by the occupant.
(3) 
No person, other than the occupant of the building, shall remove, deface or render illegible, a card placed by the occupant pursuant to subsection (1) of this section.
(4) 
Any person required to be permitted under this article who has gained entrance to a residence, business or other such premises, for audience with the occupant, whether invited or not, shall immediately depart from the premises without disturbing the occupant further when requested to leave by an occupant.
(5) 
Failure to comply with notice signs as provided in subsections (1) or (2) above; refusal to leave when asked as provide in this section; and operation after hours as established in section 4.04.005, shall be grounds for revocation of a permit or denial of a permit upon application.
(Ordinance 2014-06 adopted 5/13/14)
It shall be unlawful for any peddler or solicitor to engage in the business of peddling or soliciting within the city between the hours of 8:00 p.m. and 6:00 a.m. the following morning, or at any time on Sundays; provided that the following exceptions shall apply to this section only:
(1) 
The business is conducted pursuant to a specific appointment with, or invitation from, the prospective customer, or with a customer attending an advertised or invitational meeting held by such solicitor or peddler; or
(2) 
The business is conducted at a location situated on property zoned for a commercial or retail use and the customer travels to such location for the purpose of conducting such business.
(Ordinance 2014-06 adopted 5/13/14)
It shall be unlawful for any person to solicit funds, peddle, to advertise, or to distribute any item within the public right-of-way of any roadway within a distance of less than fifty (50) feet from the center of any intersection or crossing of streets within the city limits. It is a defense to prosecution that the activity was conducted wholly upon private property and otherwise permitted under the ordinances of the city.
(Ordinance 2014-06 adopted 5/13/14)
It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality or nature of any goods, wares, merchandise or services for the purpose of inducing another to purchase the same.
(Ordinance 2014-06 adopted 5/13/14)
It shall be unlawful for any peddler or solicitor to engage in business within the city without first obtaining a peddler’s permit from the city code enforcement officer as provided in this article. No permit shall be granted for a use at a fixed location which does not comply with the zoning district regulations for the fixed location upon which the use is proposed.
(Ordinance 2014-06 adopted 5/13/14)
The provisions of section 4.04.031 shall not apply to the following upon private premises within the city or public property when specifically noted:
(1) 
Ordinary commercial travelers or salesmen, transacting business only at wholesale dealers or with dealers in such goods or in goods or services for use in manufacturing or commercial purposes;
(2) 
Sheriff’s constables, bona fide assignees, receivers or trustees in bankruptcy or other public officers selling goods, wares and merchandise according to law;
(3) 
Solicitations, sales or distributions made for noncommercial purposes or causes, whether community service, charitable, educational or religious, shall not be required to obtain a permit. A mobile food establishment that is operated by a nonprofit, community service or religious group to provide food to the elderly at no charge, such as meals-on-wheels, or other similar charitable operation shall be exempt from a permit under this exception;
(4) 
Newspaper carriers and newspaper vending machines, provided also vending machines may be located upon a public sidewalk immediately outside a commercial business in a location which does not interfere with pedestrians or public use of the sidewalk;
(5) 
Sales conducted pursuant to statute or by order of any court;
(6) 
Person or transactions associated with bona fide trade shows, exhibits, expositions or conventions where all transactions of purchase, sale or exchange are made in connection with such trade show, exhibit, exposition or convention and within the confines of the approved area of the trade show, exhibit, exposition or convention sites;
(7) 
Individual, one time only sale of personal property items sold by the owner thereof at his private residence or business or an auctioneer, including farmers who sell agriculture products that were raised or grown by them;
(8) 
Organized community and festival events held by authority of agreements or special permits issued by the city council or held upon public premises or in or upon public parks under the auspices or sponsorship or within the regular administration of the parks and recreation department of the city;
(9) 
Authorized contractual concessions permitted upon city premises by agreement, lease or contract with the city duly authorized by the city council;
(10) 
Delivery services to permanent established businesses in the city which operate on site and by agreement with or invitation of such individuals, industries or businesses;
(11) 
Garage sales on private property;
(12) 
An auctioneer conducting an auction of an estate or other similar auction shall be exempt from the permit requirements of this article provided the auction is conducted wholly on private property not more often than once in a six month period; and
(13) 
Lemonade stands and similar activity conducted and operated entirely by children under the age of sixteen (16) years and upon the private residential premises of such children.
(Ordinance 2014-06 adopted 5/13/14)
It shall be unlawful to engage in business as a peddler or solicitor within the city code enforcement officer [sic] without first obtaining a permit. Such permit shall be obtained by registering with the city code enforcement officer and providing information under oath. The permits shall be a peddler’s permit. Prior to the issuance of a permit, the city code enforcement officer shall obtain all of the following information and any other information deemed pertinent and necessary:
(1) 
Date of registration;
(2) 
Name of registrant;
(3) 
Driver’s license number;
(4) 
Date of birth;
(5) 
Home address;
(6) 
Local address (if any);
(7) 
Nature of items or services to be sold or solicited;
(8) 
Whether registrant has ever been convicted of a felony of any nature or any other crime of moral turpitude and, if so, the place, date, and crime of which convicted;
(9) 
Tax identification number; and
(10) 
Any facts showing that the registrant is engaged in interstate commerce.
(Ordinance 2014-06 adopted 5/13/14)
The application for a permit required by this article shall, in addition to the information required pursuant to section 4.04.033, state or contain the following:
(1) 
A statement as to whether or not the applicant has been convicted of any crime or violation of any state or federal law or municipal ordinance or code; the nature of the offense; the punishment or penalty assessed therefor if previously convicted; and the place of conviction.
(2) 
All food vendors shall provide documentation to establish compliance with all city, state and county food handlers regulations. Such documentation shall include the food handler permits and other permits required to be obtained from the county health district.
(3) 
Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery.
(4) 
The period of time the applicant wishes to engage in business within this city.
(5) 
The local and permanent address and the name of the person, if any, that the applicant represents; the applicant’s tax identification number, if any.
(6) 
The last five cities or towns wherein the applicant worked before coming to this city.
(7) 
Statement of the areas in which activities will be carried out, i.e. if on public property the specific locations, if only door-to-door residential the subdivisions, etc.
(Ordinance 2014-06 adopted 5/13/14)
It shall be unlawful for any person to give any false or misleading information in connection with his or her application for a permit or a license required pursuant to this article. Applicant may not sell merchandise or solicit services not disclosed in the permit application.
(Ordinance 2014-06 adopted 5/13/14)
A copy of the application for permit will be referred to the chief of police who will undertake an investigation of the applicant’s record. At the time of making application for a permit, the applicant for a peddler or solicitor permit shall agree to submit to a background check and shall be photographed by the city. An applicant for permit may be reasonably denied if he or she is currently wanted on warrant for arrest, or other information as set out in section 4.04.044 is established. There will be a charge for the background check as set forth in appendix A to this code.
(Ordinance 2014-06 adopted 5/13/14)
(a) 
The application for a peddler permit to sell tangible goods or merchandise shall include with the application a bond in the penal sum of $1,000.00, signed by the applicant and by some surety company authorized to do business in this state, conditioned for the final delivery of goods, wares, merchandise or services 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 such bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery. Such bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on such bond, or to an agent or employee of such principal.
(b) 
Peddlers or solicitors selling food products or soliciting services solely shall not be required to have a bond.
(Ordinance 2014-06 adopted 5/13/14)
Before any permit shall be issued under the provisions of this article:
(1) 
The applicant for a peddler permit for door-to-door peddling or solicitation shall pay a fee pursuant to this article, based upon the time period he or she desires to engage in business in the city, as set forth in appendix A to this code.
(2) 
The applicant shall also pay all fees and costs to obtain all inspections and permits required under any other ordinance or regulation of the city or the county health district.
(3) 
Notwithstanding subsection (1) above, if an individual shall establish that he or she is engaged in interstate commerce and is exempt from the permit fee requirements pursuant to federal law, or that the imposition of such fee constitutes a burden and a constraint on interstate commerce, then in such event, such individual shall not be required to pay any fee established by this section.
(Ordinance 2014-06 adopted 5/13/14)
No permit shall be issued under the provisions of this article until the applicant shall have complied with all the provisions and requirements of this article applicable to such permit. No permit or license shall be issued to a corporation, partnership or other impersonal legal entity, but each individual person engaging in the business of peddling or soliciting within the city shall be required to have a permit or license, whether acting for himself or as an agent or representative of another.
(Ordinance 2014-06 adopted 5/13/14)
Every permittee for which sales tax are required to be collected and remitted to the state, shall, as a condition of the permit, collect and remit sales tax according to state requirements. The city, as a condition of a permit, may require the permittee to demonstrate compliance with state sales tax regulations. Failure to produce sufficient evidence of payment of sales tax may be a reason for denial of a permit, a permit renewal, or revocation of a permit.
(Ordinance 2014-06 adopted 5/13/14)
Each permit issued under the provisions of this article shall be signed by the appropriate authority issuing the permit; dated as of the date of its issuance; and shall state the duration or term of such permit on the face thereof. Any permit not dated and signed as provided in this section shall be void.
(Ordinance 2014-06 adopted 5/13/14)
Every permit holder having a permit issued under this article or required to have a permit and doing business within the city or any individual listed on a permit shall display his or her permit or copy of same upon the request of any person, and failure to do so shall be deemed a misdemeanor. Peddlers and solicitors shall wear the permit from a necklace or pin on the front of the individual’s body clearly visible there from.
(Ordinance 2014-06 adopted 5/13/14)
Every permit issued under the provisions of this article shall be valid for the period of time stated therein, but in no event shall any such permit or license be issued for a period of time in excess of 12 months, or any lesser period of time provided for in this article.
(Ordinance 2014-06 adopted 5/13/14)
(a) 
Denial.
The city reserves the right to deny an application for a permit to any person who has:
(1) 
In the past 12 months:
(A) 
Had a permit issued under this article revoked;
(B) 
Been convicted of a felony in the past 10 years;
(C) 
Failed to pay sales tax;
(D) 
Received a complaint that solicitation or peddling occurred during the prohibited times identified herein; or
(E) 
Otherwise violated this article.
(2) 
In the past 36 months:
(A) 
Had a valid complaint that goods were ordered but not delivered;
(B) 
Had more than one valid complaint that goods were delivered that were not the goods promised; or
(C) 
Been convicted of a misdemeanor charge involving crimes of moral turpitude.
(3) 
The permit application does not comply with this article or other applicable ordinances, rules, regulations or statutes.
(b) 
Revocation.
Any permit issued under the provisions of this article may be revoked for the violation by the permittee or licensee of any provision of this article, state law or other ordinance that directly relates to the duties and responsibilities of the permittee or licensed occupation authorized in the permit. Upon such revocation, such permit shall immediately be surrendered to the authority that issued the permit, and failure to do so shall be deemed a misdemeanor.
(c) 
Appeal.
Any person aggrieved by the denial or revocation of a permit may appeal within five days of the denial or surrender of the permit by written appeal tendered to the city code enforcement officer. A timely filed appeal shall suspend the revocation pending administrative reconsideration by the mayor. The mayor may uphold, revise or overturn the denial or revocation. If the mayor upholds the denial or revocation, the decision shall be effective immediately as to the revocation. Any person aggrieved by the decision of the mayor must appeal to the city council within ten (10) days from the decision of the mayor being mailed to the aggrieve person in writing by tendering a written appeal to the city code enforcement officer. The city council shall hear the appeal at the next available regular or special city council meeting. The decision of the city council is final.
(Ordinance 2014-06 adopted 5/13/14)
Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of five hundred dollars ($500.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein. Evidence of a culpable mental state shall not be required to establish a violation of this article.
(Ordinance 2014-06 adopted 5/13/14)
For the purposes of discharging the duties imposed by this article and to enforce its provisions, any peace officer or code enforcement officer is empowered to enter upon any premises for which a permit is issued and take such action to enforce this article as permitted in the code of criminal procedure. Unless otherwise specifically set forth in the ordinances of the city, or in the state law as adopted, allegations and evidence of culpable mental state are not required for proof of an offense.
(Ordinance 2014-06 adopted 5/13/14)
The city will allow not more than three (3) semi-permanent vendors to be permitted to vend in Mill Pond Park; one (1) vendor will be for aquatic/recreational rentals and two (2) vendors will be for snow cones, food/snacks and/or drinks. The city will follow the following process:
(1) 
The city manager shall request for proposals to be submitted to the city council each year not later than mid-April; one for each type of vended product.
(2) 
All proposers shall be required to submit information similar to that which is required for a permit as set out in this division.
(3) 
City council shall review and select not more than one (1) vendor for the aquatic/recreational rentals and not more than two (2) vendors for the snow cones, food/snacks and/or drinks and such vendors shall be required to adhere to all other permit provisions set forth herein for the duration of their season.
(Ordinance 2018-02 adopted 4/10/18)