This entire 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 the citizens thereof, and all of the provisions of this article shall be construed for the accomplishment of that purpose.
(Ordinance 173, art. I(A), adopted 11/8/1988; 1993 Code, sec. 4.801(a))
For the purpose of this article:
Peddler.
One who sells or offers for sale tangible merchandise from a location on private premises for profit, and delivery is made at or soon after the time of the sale.
Permit board.
The corporation permit board created by section 4.04.031(a) of this article.
Solicitation activities.
Traveling either by foot or vehicle from business to business, going from door to door, house to house, building to building, or along any street in the city, personally contacting occupants or other persons within residential dwellings or commercial business establishments, selling or taking orders for or offering to sell or take orders for goods or services for commercial purposes.
(Ordinance 173, art. I(B), (C), adopted 11/8/1988; Ordinance 351 adopted 7/20/2004; 1993 Code, sec. 4.802)
(a) 
The provisions of this article shall not apply to the sale or soliciting of orders for the sale of milk, dairy products, bakery products, vegetables, poultry, eggs and other farm and garden products which have been raised or produced by the vendor; daily deliveries of milk and bakery and other food products; sales made to dealers by commercial sales agents in the usual course of business; or sales made under authority and by order of law.
(b) 
The provisions of this article shall not apply to local recognized nonprofit organizations engaged in selling or taking orders for goods for the purpose of raising money for charitable or educational purposes.
(Ordinance 173, art. III, adopted 11/8/1988; 1993 Code, sec. 4.804)
A solicitor shall only engage in the following solicitation activities:
(1) 
From the hours of 9:00 a.m. to 5:00 p.m.
(2) 
No weekend solicitation.
(3) 
Shall not engage in solicitation activities where signs are posted for no solicitation, either in residential areas or businesses.
(Ordinance 351 adopted 7/20/2004; 1993 Code, sec. 4.801(b))
(a) 
It shall be unlawful for any person to stop, stand or park any motor vehicle, truck, trailer or vehicle of any kind on any public street or alley in the city for the purpose of selling, exhibiting or soliciting orders for any goods, wares, merchandise, cold drinks, hot drinks or food, for a period longer than ten (10) minutes.
(b) 
No peddler or any other person or corporation or association or organization shall have or maintain in a stationary location any truck, trailer, booth or any other kind of structure on any public street or alley in the city for the purpose of selling, exhibiting, or soliciting orders for any goods, wares or merchandise.
(Ordinance 173, art. V, adopted 11/8/1988; 1993 Code, sec. 4.806)
(a) 
Permit board established.
There is hereby established the corporation permit board of the city. The permit board shall be composed of the chief of police and the city secretary. The permit board shall perform all duties incumbent upon it under the terms of this article.
(b) 
Permit required.
It shall be unlawful for any peddler, solicitor or itinerant vendor to engage in any activity mentioned in section 4.04.002 without having first applied for and obtained a permit to do so from the city.
(c) 
Application.
Any person desiring a permit required by this article shall make application therefor to the city secretary for a permit to do so, which application shall show the following:
(1) 
The full name and post office address of the applicant.
(2) 
The state, county, town or city in which the applicant permanently resides.
(3) 
The age, height, weight, complexion, color or hair, and color of eyes of the applicant.
(4) 
The occupation in which the applicant desires to engage and for which he or she desires a permit.
(5) 
A full and complete description of the goods or tokens which the applicant desires to sell, which description shall give in detail the grade and character of the goods to be sold. Further description as to grade and quality may be required by the permit board.
(6) 
Whether the applicant has ever been convicted of a felony or misdemeanor involving moral turpitude.
(7) 
Information required under subsections (1), (2), (3) and (6) of this subsection shall be furnished for each employee or agent of the applicant who solicits or peddles goods, wares or merchandise within the city.
(d) 
Application attachments.
There shall be attached to each application under this article the following:
(1) 
One (1) recent photographic likeness of the applicant’s face, which photographs will not exceed one (1) square inch in size.
(2) 
A certificate or letter from the president, vice-president, sales manager or district or area manager of the company for which the applicant works, sells or solicits, stating that the applicant is an employee and/or agent of such company.
(3) 
A reference to a recognized financial rating publication, which reference shall show the page on which the company’s financial standing may be found, or a letter of recommendation from a bank with which the company does business.
One or more of the above requirements may be waived by the city secretary for good cause.
(e) 
Hearing on application.
Upon the filing of an application for a permit under this article, it shall be the duty of the city secretary to retain the application. The permit board shall meet to consider all applications within twenty-four (24) hours of application, unless this time period would fall between 5:00 p.m. on Friday and 8:00 a.m. on Monday.
(f) 
Issuance of permit.
If, upon hearing, it shall appear to the permit board or a majority thereof that the statements contained in the application for a permit under this article are true, and that the applicant has the right, under the constitution and laws of this state and under the ordinances of this city, to engage in business, and that the applicant has not been convicted of a felony or a misdemeanor involving moral turpitude, the permit board shall issue such permit to the applicant.
(Ordinance 173, art. II, adopted 11/8/1988; 1993 Code, sec. 4.803)
(a) 
Expiration.
All permits issued under this article shall be valid for sixty (60) days from the date the permit is issued, unless sooner revoked as provided in this article.
(b) 
Permit valid only during daylight hours.
All permits issued under this article shall be valid only during daylight hours, sunup to sundown.
(c) 
Revocation.
If, after the permit provided by this article has been issued, the permit board or other agency or official of the city finds that the permit was obtained by false representation in the application, such permit may be revoked by the permit board. Such permit may also be revoked if it shall appear to the permit board that the holder of such permit has violated any ordinance of the city or any law of the state in connection with the collection, or attempted collection, of any account due to such permit holder or his employee, or in connection with the repossession or attempted repossession of goods sold by such permit holder or any person employed by the employer of such permit holder.
(d) 
Contents.
Each permit issued under this article shall contain the following:
(1) 
The name and address of the applicant.
(2) 
A physical description of the applicant.
(3) 
Date permit issued.
(e) 
Fees.
Each applicant for a permit under this article shall be charged fees as provided for in the fee schedule found in appendix A of this code. No fee shall be required of those persons engaging in interstate commerce.
(Ordinance 173, art. IV, adopted 11/8/1988; Ordinance adopting 1993 Code; 1993 Code, sec. 4.805; Ordinance adopting 2020 Code)
Every applicant for a permit under this article to solicit or take orders for or attempt to take orders for the sale of goods, wares or merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, shall file with the city secretary a surety bond, running to the city, in the amount of one thousand dollars ($1,000.00), with surety acceptable to and approved by the city manager, conditioned that the applicant comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating and concerning the business of solicitor and guaranteeing to any citizen of the city that all money paid as a down payment will be accounted for and applied according to the representations of the solicitor and further guaranteeing to any citizen of the city doing business with such solicitor that the property purchased will be delivered according to the representations of said solicitor. Action on such bond may be brought in the name of the city to the use and benefit of the aggrieved person. The bond requirements may be reduced or waived by the city secretary.
(Ordinance 173, art. VI, adopted 11/8/1988; 1993 Code, sec. 4.807)