For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any person, whether a resident of this city or not, traveling
from house to house or from street to street for the purpose of selling
or soliciting for sale, goods, wares, merchandise, or services, other
than agricultural products produced or processed in this state, and
also means and includes any person transacting a temporary business
within the city at an established place of business.
A self-propelled mounted food established vehicle designed
to be readily moveable.
An activity which makes a significant contribution to cultural,
economic, or social welfare of the city; is sponsored or organized
by the city, an individual, corporation, or organization; is held
at a particular time and location; and is for the purpose of the sale
or distribution of services or goods on public property.
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
(A)
It
shall be unlawful to engage in business as a merchant or vendor within
this city without first obtaining a permit.
(B)
Such
permit, along with a fee that is set by Council from time to time,
shall be obtained by registering with the city and providing necessary
information. (See exceptions listed in sec. 113.03.)
|
Penalty, see sec. 10.99
|
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
The provisions of this chapter shall not apply to the following:
(A)
Sales
made to dealers or permanent merchants by commercial travelers selling
in the usual course of business;
(B)
Sheriffs,
constables, bona fide assignees, receivers, or trustees in bankruptcy,
or other public officers selling goods, wares, and merchandise according
to law; or
(C)
Solicitations,
sales, or distributions made by charitable, educational, political,
IPOIA, or religious organizations which have their principal place
of activity within this county.
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
Any merchant or vendor who enters upon premises owned, leased,
or rented by another and refuses to leave such premises, after having
been notified by the owner or occupant of such premises or his or
her agent to leave the same and not return to such premises, shall
be deemed guilty of criminal trespass and may be deemed guilty of
a misdemeanor.
Penalty, see sec. 10.99
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
It shall be unlawful for any merchant or vendor to sell or solicit,
take orders for, offer to sell or take orders for, or display any
goods, wares, merchandise, photographs, newspapers, or magazines on
any public square, park, street, road, highway, or alley within the
city without having first obtained a special events permit.
Penalty, see sec. 10.99
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
It shall be unlawful for any merchant or vendor to enter upon
any private premises when the same are posted with sign stating “no
merchant or vendor allowed” or “no solicitations allowed”,
or other words to that effect.
Penalty, see sec. 10.99
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
Every merchant or vendor having a permit issued under the provisions
of this chapter and doing business within the city shall display his
or her valid permit in full view at all times while engaged in selling
activities. Failure to do so shall be deemed a misdemeanor.
Penalty, see sec. 10.99
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
Every permit issued under the provisions of this chapter shall
be valid for the period of time stated therein, but in no event shall
any such permit be issued for a period of time in excess of six months.
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
(A)
Any
permit or special event permit issued under the provisions of this
chapter may be revoked by the city’s Permit Department for the
violation by the permittee of any provision of this code, state law,
or city ordinance that directly relates to the duties and responsibilities
of the permitted occupation, drunkenness, or disorderly conduct.
(B)
Any
person denied, or revocation a permit or special events permit may
appeal the denial or revocation within five business day of the denial,
or revocation by filing with the City Secretary a written notice of
the appeal. The city may uphold, revise or overturn the denial or
revocation. If the city upholds the denial or revocation, the applicant
may appeal to the City Council within five business days of the city
upholding the denial or revocation by filing a written appeal with
the City Secretary. If a hearing if requested, the City Council will
hear it, at the next scheduled Council meeting, no later than 45 days
from notice of request. The decision of the City Council shall be
final.
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
(A)
Prohibition.
It shall be unlawful for any person to solicit funds, to advertise,
or to distribute any item, either on foot or in automobiles, for any
cause whatsoever, at any intersection or crossing of streets within
the city limits, such solicitation or distribution would cause the
blocking of traffic so as to create a traffic hazard.
(B)
Exceptions.
See exceptions listed in sec. 113.03(B) and (C).
|
Penalty, see sec. 10.99
|
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
It shall be unlawful for any merchant or vendor to make false
or fraudulent statements concerning the quality or nature of his or
her goods, wares, merchandise, or services for the purpose of inducing
another to purchase the same.
Penalty, see sec. 10.99
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 2/18/16; Amendment of 3/10/16)
It shall be unlawful to engage in mobile food vendor within
the city.
|
Penalty, see sec. 10.99
|
(Amendment of 2/18/16; Amendment of 3/10/16)
