This division shall be deemed an exercise of the police power
of the state and of the city, for the safety, convenience and protection
of the city and citizens of the city, and all of the provisions hereof
shall be construed as being regulatory in pursuance of the accomplishment
of that purpose.
(Ordinance 530, sec. 1, adopted 12/20/10)
It shall hereafter be unlawful for any person to go from house
to house or from place to place in the city, soliciting, selling or
taking orders for or offering to sell or take orders for any goods,
wares, merchandise, services, photographs, newspapers, magazines,
or subscriptions to newspapers or magazines, without having first
applied for and obtained a license to do so from the city. It shall
further be unlawful for any person to go from house to house or from
place to place in the city, soliciting, selling or taking orders for
or offering to sell or take orders for any goods, wares, merchandise,
services, photographs, newspapers, magazines, or subscriptions to
newspapers or magazines outside the hours of 10:00 a.m. and 6:00 p.m.
(sunrise to sunset).
(Ordinance 571 adopted 12/19/11)
Any person desiring to go from house to house or from place
to place in the city, to sell or solicit orders for goods, wares,
merchandise, services, photographs, newspapers, magazines, or subscriptions
to newspapers or magazines, shall make known such information to the
city secretary on a written registration form before being issued
such a license, such registration to include the name and address
of registrant, the name and address of the person, firm, or corporation,
if any, that he or she represents and the kind of goods, services
or merchandise offered for sale, and whether such applicant upon any
such sale or order shall demand, accept or receive payment or deposit
of money in advance of final delivery, and the period of time such
applicant wishes to sell or solicit in the city.
(Ordinance 530, sec. 3.01, adopted 12/20/10)
The registration required in section
4.03.033 hereof shall be accompanied by a bond in the penal sum of one thousand dollars ($1,000), signed by applicant as principal, and signed by any surety company authorized to do business in the state, as surety. Such bond shall be conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines and newspapers 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 said bond, at the time of delivery, and that may be discovered by such purchaser or customer within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons, firms, or corporations that may make any purchase or give any order to the principal on said bond, or to an agent or employee of the principal.
(Ordinance 530, sec. 3.02, adopted 12/20/10)
The license fee for such door-to-door merchant or vendor shall be as provided for in the fee schedule in appendix
A of this code. Provided, however, when any person, firm, company, partnership, corporation or association engages in any activity mentioned in section
4.03.032 hereof through one or more agents or employees, such person, firm, company, partnership, corporation or association shall, in addition to said fee above mentioned, pay a license fee as provided for in the fee schedule in appendix
A of this code for each agent or employee so engaged, all of which licenses shall be valid for not more than ninety (90) days from the date of their issuance. The fees herein provided for shall be compensation to the city for the services herein required of it and to enable the city to partially defray the expenses of enforcing the provisions of this division.
(Ordinance 530, sec. 4, adopted 12/20/10; Ordinance adopting Code)
The provisions of this division shall not apply to the following:
(1) Persons engaged in interstate commerce as that term is herein defined; provided, however, that it shall be unlawful for persons engaging in interstate commerce to go from house to house or place to place in the city without having first registered with the proper authority as provided in section
4.03.033 hereof. The term “interstate commerce” means soliciting, selling or taking orders for any goods, wares, merchandise, photographs, newspapers or magazines, or subscriptions to newspapers or magazines which, at the time the order is taken, are in another state or will be produced in another state and shipped or introduced into this city in the fulfillment of such orders.
(2) Sales
made in the usual course of business. Sales made to dealers by commercial
travelers or sales agents in the usual course of business are exempt
from the provisions of this division.
(3) Vendors
of farm or dairy products.
(4) Charitable
or philanthropic purposes: exemption is also granted where proceeds
can be clearly shown to be applied to charitable or philanthropic
purposes only.
(5) Vendors
with occupational state license and state tax number to conduct door-to-door
sales.
(Ordinance 530, sec. 5, adopted 12/20/10)
Any person, firm, corporation or association which shall violate
any provisions hereof shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined no less than one dollar ($1.00)
and no more than two hundred dollars ($200.00).
(Ordinance 530, sec. 6, adopted 12/20/10)