Itinerant vendor.
All persons, firms and corporations, as well as their agents and employees, who engage in the temporary or transient business in the city of selling or offering for sale any goods or merchandise, or exhibiting the same for sale, or exhibiting the same for the purpose of taking orders for the sale thereof, and shall include those who use the public streets, ways, walks or parks for the purpose of carrying on such business or conducting such exhibits thereof, and those who either hire, rent, lease, or occupy any room or space in any building, structure, or other enclosure in the city in, through, or from which any goods or merchandise may be sold, offered for sale, or exhibited for the purpose of taking orders for the sale thereof in the conduct of such business or exhibits.
(1) 
The word “temporary” as used above means and shall be construed to mean any such business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease of premises for at least one month in or upon which such business is to be operated or conducted.
(2) 
The word “transient” as used above means, and shall be construed to mean, any such business of any such itinerant vendor as may be operated or conducted by persons, firms, or corporations, or by their agents or employees, who reside away from the city, or who have fixed places of business in places other than the city or who have their headquarters in places other than the city, or who move their stock of goods or merchandise or samples thereof into the city with the purpose or intention of removing them or the unsold portion thereof away from the city before the expiration of one month.
(Ordinance adopted 5/9/83, sec. 1)
Any person violating any of the provisions of this article shall upon the conviction thereof be fined not less than $50.00 nor more than $200.00, and each sale, offer for sale, exhibition for the purpose of sale, or exhibition for the purpose of taking orders for the sale thereof shall be a separate offense.
(Ordinance adopted 5/9/83, sec. 6)
This article is enacted under and in pursuit of the police power vested in the city by the state legislature.
(Ordinance adopted 5/9/83, sec. 7)
(a) 
It shall hereafter be unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof any goods or merchandise in the city without first obtaining a license permit as herein provided for. The city shall issue to any itinerant vendor a license permit authorizing each itinerant vendor to sell, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof, in the city, his goods or merchandise only after such itinerant vendor shall have fully complied with all the provisions of this article and made payment of the sum provided in the fee schedule in appendix A of this code for said permit license, and which sum shall be compensation to the city of the services herein required of it and to enable the city to partially defray the expenses of enforcing the provisions of this article; provided:
(1) 
The itinerant vendor shall make application to the city at least 3 days prior to the date of his contemplated sale or of exhibit to be held in the city, which application shall be in the form of an affidavit stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the names and addresses of its officers if it be a corporation, the partnership name and the names and addresses of all partners if such itinerant vendor be a firm.
(2) 
Before said license permit shall issue, the application therefor must be accompanied by:
(A) 
A statement showing the kind and character of the goods or merchandise to be sold, offered for sale or exhibited.
(B) 
A cash bond or surety bond of not less than $500.00.
(b) 
No fee shall be required of those persons engaging in interstate commerce.
(Ordinance adopted 5/9/83, sec. 2; Ordinance adopting Code)
The license permit provided for herein shall not be transferable nor give authority to more than one person to sell or exhibit goods or merchandise as an itinerant vendor, either by agent or clerk or in any other way than his own proper person, but any person having obtained such license permit may have the assistance of one or more persons in conducting the sale or exhibit, who shall have the authority to aid the principal, but not to act for or without him.
(Ordinance adopted 5/9/83, sec. 3)
The license as provided herein shall continue so long as such sale or exhibit is continuously held in the city, but in no event shall it continue for more than thirty days from the date of its issuance. Such license permit shall be prominently displayed in a conspicuous place wherever and whenever such sale or exhibit is being conducted and shall remain so displayed so long as any goods or merchandise are being sold or displayed or exhibited.
(Ordinance adopted 5/9/83, sec. 4)
This article is not, and shall not be held to be, applicable to:
(1) 
The ordinary commercial traveler who sells or exhibits for sale goods or merchandise to parties engaged in the business of buying and selling and dealing in such goods or merchandise;
(2) 
Vendors of farm produce, poultry, stock, or agricultural products in their natural state;
(3) 
Sales of goods or merchandise donated by the owners thereof, the proceeds whereof to be applied to any charitable or philanthropic purpose;
(4) 
Religious institutions and parties.
(Ordinance adopted 5/9/83, sec. 5)
Any peddler or solicitor who conducts or attempts to conduct business at a place where a sign clearly indicates that solicitors or peddlers are unwelcome is in violation of this article.
(Ordinance adopting Code)