The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Itinerant merchant or itinerant vendor.
Any person who goes 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 or magazines.
(1965 Code, sec. 14-13; 1989 Code,
sec. 13-1)
This article shall be deemed an exercise of the police power
of the state and of the city for the public safety, comfort, convenience
and protection of the city and the citizens thereof, and all of the
provisions of this article shall be construed for the accomplishment
of that purpose.
(1965 Code, sec. 14-1; 1989 Code,
sec. 13-2)
It is unlawful for any peddler or hawker of goods or merchandise
who enters upon premises owned or leased by another to willfully refuse
to leave such premises after having been notified by the owner or
possessor of such premises, or his or her agent, to leave the same.
(1965 Code, sec. 14-2; 1989 Code,
sec. 13-3)
It shall be unlawful for any itinerant merchant or vendor to
engage in any activity in the city coming under this article without
having first applied for and obtained a permit from the city secretary.
(1965 Code, sec. 14-15; 1989 Code,
sec. 13-4)
Any person desiring a permit shall make written application
to the city secretary, which application shall show the following:
(1) The
full name and post office address of the applicant.
(2) The
state, county, town or city in which the applicant permanently resides.
(3) The
age, height, weight, complexion, color of hair and color of eyes of
the applicant.
(4) The
occupation in which the applicant desires to engage and for which
he or she desires a permit.
(5) A
full and complete description of the goods, wares and merchandise
or other articles or tokens which the applicant desires to sell, which
description shall give in detail the grade and character of the property
to be sold. Further description as to grade and quality may be required
by the permit board.
(6) Whether
the applicant has ever been convicted of a felony or a misdemeanor
involving moral turpitude.
(1965 Code, sec. 14-16; 1989 Code,
sec. 13-5)
(a) There
shall be attached to each application for a permit the following:
(1) Two (2) recent photographic likenesses of the applicant’s face,
which photographs shall not exceed one (1) inch square in size.
(2) A certificate or letter from the president, vice-president, general
manager, sales manager, assistant sales manager or district or area
manager of the company for which the applicant works, sells or solicits,
stating that the applicant is an employee and/or agent of such company.
(3) A reference to a recognized financial rating publication, which reference
shall show the page on which the company’s or firm’s financial
standing can be found, or a letter or a certificate from an association
or organization which has as its purpose the protection of citizens
of the United States against illegal or unsavory business practices
stating that the firm or company is a member in good standing of such
association or organization.
(b) If
the applicant is an individual who is not working, selling or soliciting
for any firm or company, letters of recommendation from two (2) citizens
of the applicant’s permanent residence shall be submitted.
(1965 Code, sec. 14-17; 1989 Code,
sec. 13-6)
Each applicant for a permit shall be charged a fee which is set forth in the fee schedule in appendix
A of this code. No fee shall be required of those persons engaging in interstate commerce.
(1965 Code, sec. 14-19; 1989 Code,
sec. 13-7; Ordinance adopting 2016 Code)
If, upon hearing, it shall appear that the statements contained
in an application for a permit are true, and that the applicant has
the right, under the constitution and laws of this state and under
the ordinances of this city, to engage in business, and that the applicant
has not been convicted of a felony or a misdemeanor involving moral
turpitude, the city secretary shall issue such permit to the applicant.
(1965 Code, sec. 14-20; 1989 Code,
sec. 13-8)
Each permit issued under this article shall contain the following:
(1) The
name and address of the applicant;
(2) A
physical description of the applicant;
(3) A
photographic likeness furnished with the application;
(4) The
date the permit was issued.
(1965 Code, sec. 14-21; 1989 Code,
sec. 13-9)
It shall be unlawful for any itinerant merchant or vendor to
engage in any activity for which a permit is required by this article
unless he or she carries such permit on his or her person while so
engaged.
(1965 Code, sec. 14-22; 1989 Code,
sec. 13-10)
All permits issued under this article shall be valid from the date shown thereon for a period of one (1) year, unless sooner revoked as provided in section
4.03.039.
(1965 Code, sec. 14-23; 1989 Code,
sec. 13-11)
If, after the permit provided for in this article has been issued,
the city secretary finds that the permit was obtained by false representation
in the application, such permit may be revoked by the city secretary.
Such permit may also be revoked if the holder of such permit has violated
any ordinance of the city or any law of the state in connection with
any soliciting by such holder or in connection with the collection,
or attempted collection, of any account due to such permit holder
or his or her employer, or in connection with the repossession or
attempted repossession of goods sold by such permit holder or any
other person employed by the employer of such permit holder.
(1965 Code, sec. 14-24; 1989 Code,
sec. 13-12)
If the applicant for a permit or the holder of such a permit
is dissatisfied with any holding or finding of the city secretary,
he or she shall have the right to appeal to the city council by filing
a written notice of such appeal with the city council within ten (10)
days from the making and filing of such decision. Upon the filing
of such notice of appeal, the application for the permit and all papers
possessed by the city secretary in connection with such application
for such permit shall be delivered to the city council, and such matters
as may be in controversy shall be heard by the council at its next
regular meeting after the filing of the notice of appeal.
(1965 Code, sec. 14-25; 1989 Code,
sec. 13-13)
The provisions of this article shall not apply to the sale or
soliciting of orders for the sale of milk, dairy products, bakery
products, vegetables, poultry, eggs, and other farm and garden products
which have been raised or produced by the vendor, daily deliveries
of milk and bakery and other food products, newspaper distribution,
sales made to dealers by commercial travelers or sales agents in the
usual course of business, sales made by distributors of any merchandise,
or sales made under authority and by order of law.
(1965 Code, sec. 14-26; 1989 Code,
sec. 13-14)