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.
(2002 Code, sec. 4.201)
It shall be unlawful for any person to be a peddler within the
town without first applying for and obtaining a permit to do so from
the town.
(2002 Code, sec. 4.202)
(a)
Contents of application.
Any person desiring to be a
peddler within the town shall first file a written application for
a permit to do so with the town, which application shall show:
(1)
The name and address of the applicant;
(2)
The name and address of the person whom the applicant represents;
(3)
The name of the last three (3) towns in which the applicant worked
as a peddler, if any;
(4)
The kind of goods, wares, and merchandise offered or to be offered
for sale by the applicant;
(5)
Whether the applicant will demand, accept, or receive payment or
deposit of money in advance of final delivery of an order; and
(6)
The period of time such applicant intends to solicit, sell, or take
orders in the town.
(b)
Satisfactory proof of authority.
The application shall
also show satisfactory written proof of the applicant’s authority
to represent the company or the individual the applicant represents.
(c)
Filing period.
No permit shall be issued until such
application has been filed with the town for a period of not less
than seventy-two (72) hours.
(2002 Code, sec. 4.203)
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 the appendix 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.
(2002 Code, sec. 4.204)
The permit fee required by section 4.03.004 and the bond required by section 4.03.006 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 town;
(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.
(2002 Code, sec. 4.205)
Each application shall be accompanied by a surety bond in the
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.
(2002 Code, sec. 4.206)
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 town secretary. Such
card shall be stamped with the town 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.
(2002 Code, sec. 4.207)
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 town
as a peddler.
(2002 Code, sec. 4.208)
Each permit required by this article shall be valid for a period
of thirty (30) days, and may be removed by the town for good cause.
(2002 Code, sec. 4.209; Ordinance
adopting Code)
The practice of going into and upon private residences in the town 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.
(2002 Code, sec. 4.210)
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.
(2002 Code, sec. 4.211)
(a)
Unlawful to sell, exhibit or advertise on public property.
No person shall have the right to sell, exhibit or advertise
for sale on any street, sidewalk, alley, median, parkway or portion
of public right-of-way within the town limits any goods, wares, merchandise
of any kind or character; or to use any part of the streets, sidewalks
or alleys within the town as a place to carry on such trade, profession
or business.
(b)
Unlawful to solicit for contributions on public property.
No person shall have the right to solicit for contribution or donations
on any street, sidewalk, alley, median, parkway or portion of the
public right-of-way within the town; or to use any part of the streets,
sidewalks or alleys within the town as a place to carry on such solicitation.
(c)
Mayor authorized to grant permission for use of public right-of-way.
Notwithstanding subsections (a) and (b), upon application to the mayor or his designee in writing, and based upon a showing of good cause or public need, the mayor or his designee shall have the authority to grant permission to any person, firm, corporation, association or organization the right to conduct such trade, profession, business or solicitation on a public right-of-way, designating the exact location, time and duration of such permit.
(2002 Code, sec. 4.2012)
It shall be unlawful for any peddler to take a stand or stop
or stand his vehicle on any public street within the town for more
than fifteen (15) minutes.
(2002 Code, sec. 4.213)
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 may be filed with the town secretary.
(2002 Code, sec. 4.214)
