(a)
Solicitors.
It shall 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 or services without having obtained
a current license to do so from the city, in compliance with the terms
of this division.
(b)
Peddlers.
It shall be unlawful for any peddler, as defined
herein, his agents, employee, servant or representative to sell, offer
or exhibit for the purpose of taking orders for sale thereof any goods,
wares, services or merchandise in the city without having obtained
a current license to do so from the city, in compliance with the terms
of this division.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1011)
Every person required by this division to have a license shall
make written sworn application to the secretary of the city for such
license. The license application shall show the name and address of
the applicant; the name and address of the person, firm or corporation,
if any, that the applicant represents; authority of the applicant
to act for the cause he purports to represent; the type of goods,
merchandise, wares or services offered for sale; and the period of
time the applicant wishes to sell or solicit in the city. Said applicant
must furnish a copy of his active limited sales and use tax permit
and a copy of his driver’s license to complete the application
information.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1012)
The fee for any license required under this division shall be a standard fee for all applicants and shall be such as to cover the cost of processing any license application. The license fee shall be as set forth in the fee schedule in appendix A of this code.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1013; Ordinance adopting 2019 Code)
The city secretary shall issue to every license applicant a
license as provided for within this division upon compliance with
the terms of this division. Said license shall give no authority to
any person other than the applicant to transact any business in the
city.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1014)
Each license issued under this division shall remain in force
and effect for such period of duration not to exceed over one year
from the date of issuance so long as the business for which the same
is procured shall be continuously conducted within the city.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1015)
No license issued under the provisions of this division shall
be transferable or assignable nor give authority to more than one
person.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1016)
Each person having a license issued under the provisions of
this division who operates solely and exclusively from a fixed business
location within the city shall prominently display the license at
all times in a conspicuous place upon the premises of said fixed business
location. Every person having a license issued under the provisions
of this division who goes from house to house or from place to place
within the city shall carry the license upon their person and produce
the license for inspection by any person so requesting.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1018)
No fee shall be required of those persons engaging in interstate
commerce.
(Ordinance adopting 2004 Code; 2004
Code, sec. 4.1019)
The city secretary shall submit a copy of all licenses to the
police department and shall keep a full permanent record of all licenses
issued under the terms of this division.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1021)
(a)
The
chief of police, upon investigation by the police department, is authorized
to revoke the peddler’s license of any person found to be misrepresenting
or making false statements in regard to the product or service he
is attempting to sell, or his authority to sell such product or service,
or if the conduct of such person during selling or delivery endangers
the safety, health or property of the citizens of the city.
(b)
The
license issued under this division may be suspended upon receipt by
the chief of police of complaints by two (2) or more persons that
any license holder has made misrepresentations or false statements
as to the product or service he is attempting to sell or take orders
for, or his authority to make such solicitation, or that such license
holder’s conduct, in the belief of such persons making the complaints,
endangers their safety, health or property. Upon suspension, the chief
of police shall immediately investigate such complaints and he may
revoke such license upon completion of his investigation; provided,
however, that notice of such revocation shall be mailed to the licensee
at the address given on the licensee’s application form. Said
notice shall inform the licensee that he may request in writing, within
ten (10) days of his receipt of notice of revocation, a hearing before
the city council to determine whether his permit should be reinstated.
Said hearing shall be held within thirty (30) days of the date of
request for hearing.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1022)
Each permit issued under this division shall contain the signature
and seal of the city secretary, and shall show the name, address and
photograph of the permittee, the class of permit issued and the kind
of goods, wares, merchandise or services to be sold thereunder, the
amount of fee paid, the date of issuance and the length of time the
same shall be operative, as well as the permit number and other identifying
description of any vehicle used in such business.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1023)
