An itinerant merchant, peddler, or solicitor, as the terms are used in this division, shall be held to be any person, firm, company, partnership, corporation, or association engaged in any activity mentioned in section 4.05.003 hereof.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 3(D))
Any person, firm, or corporation violating any provisions of this division or failing to observe any provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provided in section 1.01.009 of this code, and each and every day or fraction of a day during which this division or any part thereof shall be violated shall be deemed a separate offense and punishable as such.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 3(H); Ordinance adopting 2015 Code)
It shall hereafter be unlawful for any itinerant merchant, peddler, or solicitor to go from house to house within the city limits 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 secretary. It shall also hereafter be unlawful to sell or solicit in the city as aforesaid without carrying such license while engaged in such soliciting or selling.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 3(A))
The application mentioned in section 4.05.003 shall be accompanied by a bond in the penal sum of one thousand dollars ($1,000.00), signed by the applicant and signed as surety by some surety company authorized to do business in the state, 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. Provided that, in case the applicant is a person, firm, company, partnership, corporation, or association engaging in any activity mentioned in section 4.05.003 hereof through one (1) or more agents or employees, such person, firm, company, partnership, corporation, or association shall be required to enter into only one (1) bond, in the sum of one thousand dollars ($1,000.00) as above required, which bond shall be made to cover the activities of all its agents or employees.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 3(C))
The license fee for an itinerant merchant or itinerant vendor shall be ten dollars ($10.00). Provided, however, when any person, firm, company, partnership, corporation, or association engages in any activity mentioned in section 4.05.003 hereof through one (1) or more agents or employees, such person, firm, company, partnership, corporation, or association shall, in addition to said ten dollar ($10.00) fee above mentioned, pay a license fee of five dollars ($5.00) for each agent or employee so engaged, all of which licenses shall be valid for three (3) months from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of said licenses. The license fee shall be waived for resident agents of nationally recognized firms.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 3(E))
Any person desiring to go from house to house in the city to sell or solicit orders for goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines shall secure a license for a period of time, plainly designated from sunrise to sunset, meaning only daylight hours; the time varies since summer sunrise to sunset and winter sunrise to sunset differs in time of day. The license issued and the card allowing the peddler to sell in the city shall so be plainly marked from sunrise to sunset.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 3(B))
The provisions of this division shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to vendors of farm or dairy products, nor to charitable organizations approved by the city council.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 3(F))
(a) 
The provisions of this division shall not apply to persons engaged in interstate commerce as that term is herein defined; provided, however, that it shall be unlawful for persons engaged in interstate commerce to go from house to house or place to place in the city without having first registered with the city secretary giving the following information:
(1) 
Name, home address and local address, if any, of the registrant.
(2) 
Name and address of the person, firm, or corporation, if any, that he or she represents or for whom or through whom orders are to be solicited or cleared.
(3) 
Nature of the articles or things which are to be sold or for which orders are to be solicited.
(4) 
Whether the registrant, upon any sale or order, shall demand, receive, or accept payment or deposit of money in advance of final delivery.
(5) 
Period of time which the registrant wishes to solicit or sell in the city.
(b) 
The registrant, at the time of the registration, as herein provided for, shall submit for inspection of the city clerk or city secretary written proof of his identity, which may be in the form of an automobile operator’s license or identification letter or card issued to the registrant by the person, firm, or corporation for whom or through whom orders are to be solicited or cleared. The term “interstate commerce” means soliciting, selling, or taking orders for or offering to take 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.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 3(G))