When used in this article, the following words and phrases shall have the meanings ascribed to them in this section:
Itinerant photographer.
Includes any person or persons, association of persons, firm or corporation, that engages in the temporary or transient business of exposing plates or films to make negatives for making pictures or photographs therefrom or that engages in selling pictures and/or photographs and who, for the purpose of taking and/or selling any pictures and/or photographs, either rents, hires, leases or occupies any room or space or building, structure, other enclosure, vacant lot or any other property whatsoever in the city in, through or from which any pictures and/or photographs may be taken and/or sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof.
Itinerant vendor.
Includes all persons, firms and corporations as well as their agents and employees, who engage in the temporary or transient business in the city, of selling or offering for sale, any goods or merchandise, milk, bread, pastries and/or vegetables or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof and who, for the purpose of taking orders for the sale thereof and who, for the purpose of carrying on such business or conducting such exhibits thereof, either hire, rent, lease or occupy any property whatsoever in the city in, through or from which any goods or merchandise, fruits and/or vegetables may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof.
Peddler.
Any person who goes from house to house selling any kind of goods, wares, products, articles or merchandise.
Solicitor.
Any person who goes from house to house soliciting and/or taking orders for goods, wares, merchandise, subscriptions to magazines and newspapers, photographs to be taken in the future or any article for future delivery.
Temporary.
Any such business transacted or conducted for which definite arrangements have not been made by such itinerant vendor or itinerant photographer for the hire, lease or rental of premises for at least one month in or upon which such business is to be operated or conducted.
Transient.
Any such business of any itinerant vendor or itinerant photographer as may be operated by or conducted by persons, firms or corporations or by their agents or employees, who reside away from the city or who have fixed places of business in places other than the city or who move stocks of goods or merchandise or fruits and/or vegetables or photographic equipment and pictures and/or photographs or samples into the city with the intention of removing them, or the unsold portion thereof, or such equipment, away from said city before the expiration of one month.
(1993 Code, sec. 3-4-1)
(a) 
Prohibited areas.
It shall be unlawful for any licensee under this article to sell, peddle or solicit and/or take orders for goods, wares, merchandise, subscriptions to magazines and newspapers, photographs to be taken in the future or any article for future delivery within the fire limits of the city or within one hundred feet (100') of any business building.
(b) 
Solicitation at back door.
It shall be unlawful for any licensee to go to any back door of any home in the city.
(c) 
Hours.
It shall be unlawful for any licensee to operate or work from house to house in the city between the hours of seven o’clock (7:00) p.m. and nine o’clock (9:00) o’clock a.m. on the following day.
(d) 
Parking time limited.
It shall be unlawful for any peddler or solicitor using or employing in his business any kind of vehicle, to take a stand or stop or stand his vehicle upon any public street within the corporate limits of the city for a longer period of time than ten (10) minutes.
(1993 Code, sec. 3-4-6)
(a) 
This article shall not apply to the following persons, upon satisfactory proof to the chief of police and/or mayor that they actually belong to the following classes:
(1) 
Commercial traveler.
The ordinary commercial traveler who sells or exhibits for sale goods or merchandise to parties engaged in the business of buying and selling and dealing in goods and merchandise.
(2) 
Farmers.
Vendors of farm produce, poultry, stock or agricultural products of any sort in their natural state, which have been produced by such vendors.
(3) 
Philanthropists.
Sales of goods and/or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any genuinely charitable or philanthropic purpose or cause.
(b) 
No person shall be relieved from the provisions of this article by reason of being associated with any local person, dealer, trader, merchant, auctioneer or photographer.
(1993 Code, sec. 3-4-7)
Any person wishing to engage in any of the businesses and/or trades herein defined shall first apply for a license to do so from the city secretary.
(1993 Code, sec. 3-4-2)
All licenses required in section 4.03.031 of this article shall be secured in the following manner:
(1) 
Contents of application.
(A) 
Any application for a license shall show the name and address of the applicant, and in the event of such applicant being or representing a corporation, the names and addresses of its officers and the location of its principal office and place of business.
(B) 
Said application shall specify the kind of goods or products to be sold, solicited or displayed, whether the applicant will take any orders for future delivery and, if so, whether he will, on such orders, demand, accept or receive payment or deposit of money in advance of final delivery.
(2) 
Waiting period.
The application for all licenses issued under this article shall be made at least ten (10) days prior to the issuance thereof.
(3) 
Investigation of applicant and issuance of license.
(A) 
During the ten-day waiting period, the chief of police and/or mayor shall investigate the moral character, identity and responsibility of the applicant. If the chief of police and/or mayor shall determine, after reasonable investigation, that the applicant is of good moral character and proposes to engage in a lawful and legitimate business, he may recommend to the city secretary that a license be issued to the applicant.
(B) 
The city secretary shall issue no license hereunder without the recommendation and approval of the chief of police and/or mayor.
(1993 Code, sec. 3-4-3)
(a) 
The city secretary or mayor shall issue the following licenses, subject to compliance with the provisions of this article, upon the payment of the following fees:
(1) 
Corporations.
For all legally incorporated enterprises and the agent of responsible authority, the license fee shall be as set in the fee schedule of this code, in cash in advance. All other representatives of said corporation shall pay an additional fee as set in the fee schedule of this code in cash, in advance.
(2) 
Noncorporations.
For all other classes of itinerant vendors, photographers, peddlers and solicitors, the license fee as set in the fee schedule of this code, in cash, in advance
(b) 
No fee shall be required of those persons engaging in interstate commerce.
(Ordinance 321-11-2017, ex. A, adopted 4/10/17; Ordinance adopting Code)
(a) 
All classes of itinerant vendors, photographers, peddlers and solicitors shall, upon making proper application and receiving approval by the chief of police or city mayor, have issued to them a license to sell on the streets of the city. The license duration shall be, in no event, longer than a period of five (5) working days from the date of issuance.
(b) 
No license hereunder shall be transferable, and any person licensed hereunder who permits, suffers or allows any other person to exhibit, show or expose said license for the purpose of avoiding the provisions or penalties of this article shall, in addition to any or all other penalties herein provided, cause said license to be automatically and permanently revoked by such act.
(1993 Code, sec. 3-4-5)
Any license issued hereunder may be revoked by the chief of police and/or mayor for any violation by the holder thereof of this article, or whenever the holder shall, in the judgment of the chief of police and/or mayor, cease to possess the character and/or qualifications required for the issuance of such license.
(1993 Code, sec. 3-4-8)