For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Soliciting, selling, or taking orders for, or offering to
take orders for, any goods, wares, merchandise, photographs, 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.
Any person, firm, company, partnership, corporation, or association
engaged in going 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,
newspapers, magazines or subscriptions to newspapers or magazines.
(1997 Code, sec. 111.01)
This entire article is and shall be deemed an exercise of the
police power of the state, and the city, for the public safety, comfort,
convenience and protection of the city and citizens of said city,
and all of the provisions hereof shall be constructed for the accomplishment
of that purpose.
(Ordinance 171219-01 adopted 1/3/18)
It shall be unlawful for any person, firm, company, partnership,
corporation, or association, including those having no permanent business
location in the city, to go from house to house or from place to place,
or setting up a temporary business location within the city or the
extraterritorial jurisdiction of the city, soliciting, selling, taking
orders for or offering to 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 or permit to do so from the city secretary of said city.
It shall be unlawful to sell or solicit in the city without carrying
such license or permit while engaged in selling or soliciting any
of the aforementioned.
(Ordinance 171219-01 adopted 1/3/18)
The provisions of this article 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.
(Ordinance 171219-01 adopted 1/3/18)
All itinerant merchants or vendors in interstate commerce or
otherwise, shall first make written application to the city secretary
for a license or permit providing the following information:
(1)
Name,
home address and local address, if any, photo identification, home
and work phone numbers of registrant.
(2)
Name,
address, and phone number of the person, firm, or corporation, if
any, that he or she represents or for whom or through orders are to
be solicited or cleared.
(3)
Nature
of the products or services which are to be sold, or for which orders
are to be solicited.
(4)
Whether
registrant, upon any sale or order shall demand or receive or accept
payment or deposit of money in advance of final delivery.
(5)
Period
of time registrant wishes to solicit or sell within the city or ETJ.
(Ordinance 171219-01 adopted 1/3/18)
Each itinerant merchant or vendor proposing to sell on foot,
by hand cart or push cart, from a wagon, motor vehicle, railroad car,
or other vehicle or conveyance shall pay a permit or license fee as
listed in the fee schedule.
(Ordinance 171219-01 adopted 1/3/18)
Door-to-door sales shall only be permitted between one half-hour
after sunrise and one half-hour before sunset.
(Ordinance 171219-01 adopted 1/3/18)
Itinerant merchants or vendors shall, upon request by the code
enforcement officer or other person designated by the city secretary
of the city, or upon request by any law enforcement officer, immediately
surrender the license or permit.
(Ordinance 171219-01 adopted 1/3/18)
Any person, firm or corporation violating any provisions of
this article or failing to observe any provisions hereof, shall upon
conviction, be fined a sum of not less than $10.00, nor more than
$500.00. A separate offense shall be deemed committed on each day
any violation occurs or continues.
(Ordinance 171219-01 adopted 1/3/18)
