As used in this article, the following terms shall have the
respective meanings ascribed to them:
Any person, as well as agents and employees of such person,
who engages in the temporary or transient business of selling or offering
for sale any goods, wares, food or merchandise or of exhibiting the
same or samples thereof for the purpose of taking orders for such
sale. Provided, however, the term “itinerant vendor” shall
not include or be construed to include anyone who engages in interstate
commerce, nor anyone upon whom the provisions of this article would
impose a direct and unlawful burden on interstate commerce.
Any such business transacted or conducted for which definite
arrangements have been made for the hire, rental or lease of fixed
premises in the city for a period of at least ninety (90) days in,
upon or from which such business is to be operated or conducted.
Any vendor engaged in such a business as may be operated
or conducted by a person, or by the agents or employees of such person,
who resides or is located away from the city or who has a fixed place
of business other than in the city, and who moves stocks of goods,
wares, food or merchandise or samples thereof into the city for sale
or exhibition with the intention of removing them or the unsold portion
from said city before the expiration of forty (40) days.
(1978 Code, sec. 15-50)
This article shall not be construed to include any of the following:
(1)
Ordinary
commercial travelers who sell or exhibit for sale goods, wares or
merchandise to parties engaged in the business of buying and dealing
in goods, wares or merchandise in the city.
However, ordinary commercial travelers shall be required to
obtain permits in business areas, but without the requirement of a
permit fee.
(2)
Vendors
of farm produce, poultry stock or agricultural products in their natural
state and who actually produce said products on their own premises,
whether within or without the city.
(3)
Sales
of goods, wares or merchandise donated for sale by the owners thereof,
the proceeds whereof to be applied to charitable or philanthropic
purposes.
(4)
Persons
engaged in interstate commerce.
(1978 Code, sec. 15-54; Ordinance 648 adopted 5/11/04; Ordinance adopting Code)
It shall be unlawful for any itinerant vendor to sell, offer
for sale, or exhibit for the purpose of taking orders for the sale
thereof, any goods, wares, food, merchandise, subscriptions to magazines
or newspapers, or photographs to be taken in the future in the city
from any vehicle not mentioned in the application to the city secretary
for a permit as an itinerant vendor.
(1978 Code, sec. 15-55)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined as provided in section 1.01.009 for each sale, offer for sale, and exhibit for the purpose of taking orders for the sale thereof, each of which shall constitute a separate offense.
(1978 Code, sec. 15-56)
It shall be unlawful for any itinerant vendor to sell, offer
for sale, or exhibit for the purpose of taking orders for the sale
thereof any goods, wares, food, merchandise, subscriptions to magazines
or newspapers, or photographs to be taken in the future, in the city,
without an effective itinerant vendor permit.
(1978 Code, sec. 15-51)
(a)
The
city secretary shall issue to any itinerant vendor a permit authorizing
such itinerant vendor to sell, exhibit for sale, offer for sale, or
exhibit for the purpose of taking orders for the sale thereof in the
city his goods, wares, food, merchandise, subscriptions to magazines
or newspapers, or photographs to be taken in the future, only after
such itinerant vendor shall have fully complied with all provisions
of this article and made payment of the sum as established from time
to time by resolution of the commission for said permit, which sum
shall be compensation to the city for the services herein required
of it as well as enabling the city to partially defray the expenses
of enforcing this article and of properly policing and inspecting
such itinerant vendor periodically, provided the applicant shall have
complied with this section.
(b)
The
itinerant vendor shall make application to the city secretary in the
form of a sworn affidavit stating the full name and address of its
officers if it is a corporation, and the partnership name and the
names and addresses of all partners if such itinerant vendor is a
representative of a partnership. Such application shall further state
the following:
(1)
The kind and character of goods, wares, food or merchandise to be
sold, offered for sale, or exhibited;
(2)
A certified copy of the charter and permit to do business in the
state if the itinerant vendor is a representative of a corporation
incorporated under the laws of any other state of the United States;
(3)
The license number of any vehicle to be operated by such itinerant
vendor;
(4)
A statement as to whether or not the applicant has ever been convicted
of an offense pertaining to dangerous drugs or narcotics as defined
by the statutes of the state;
(5)
A bond in the penal sum of one thousand dollars ($1,000.00) signed
by some surety company authorized to do business in the state, payable
to the mayor of the city and his successors in office for the use
and benefit of all persons entitled thereto and conditioned for the
final delivery of goods, wares, food, merchandise, magazines, newspapers,
or photographs in accordance with the terms of such order obtained
and also conditioned to indemnify all purchasers or customers for
all defects in material or workmanship if they exist in the article
sold by the principal in 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 further use and
benefit of all persons, firms or corporations that may purchase or
give any order to the principal on said bond; and
(6)
A written statement that the city will be given credit with the comptroller
of the state for all sales taxes due upon sales made within the city
for which such tax is collectible. If any such itinerant vendor should
fail to properly account for such sales tax, no further permits shall
be issued to such itinerant vendor.
(c)
No
such permit shall be effective until the passage of seventy-two (72)
hours from the date such application is filed with the city secretary.
(d)
Such
permit provided for herein shall not be transferable, nor give authority
to more than one (1) person to conduct business as an itinerant vendor
within the city, but any such person having obtained such license
may have the assistance of one (1) or more persons in conducting said
business if the holder of the permit is personally present.
(1978 Code, sec. 15-52; Ordinance
adopting Code; Ordinance 763 adopted 12/9/13)
The permit provided for herein shall be issued for a term of
thirty (30) days from and after the effective date thereof and shall
be permanently displayed in a conspicuous place on the premises where
the sale or exhibit is being conducted and shall remain so displayed
so long as any goods, wares, food or other merchandise is being sold
or exhibited. In the event that the holder of any permit as provided
herein has no temporary place of business, but conducts said business
on or from any horse-drawn or motor-powered conveyance, then said
permit shall be permanently displayed in a conspicuous place on said
conveyance where such sale or exhibit is being conducted and shall
remain so displayed so long as any goods, wares, food or other merchandise
are being sold or exhibited.
(1978 Code, sec. 15-53)
