This entire article is and 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 citizens of the
city; and all of the provisions hereof shall be construed for the
accomplishment of that purpose.
(1977 Code, sec. 4-31)
An “itinerant merchant” or an “itinerant vendor” as the terms are used in this article shall be held to be any person, firm, company, partnership, corporation, or association engaged in any activity mentioned in section 4.02.032 hereof.
(1977 Code, sec. 4-35)
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,
nor to vendors of farm or dairy products who actually produce the
products on their own premises.
(1977 Code, sec. 4-37)
(a)
The
provisions of this article shall not apply to persons engaged in interstate
commerce as that term is defined herein; provided, however, that it
shall be unlawful for persons engaged in interstate commerce to go
from house to house or place to place, in the city, or to sell, offer
for sale, or exhibit for the purposes of taking orders for the sale
of any goods or merchandise in the city without having first registered
with the city secretary, giving the following information:
(1)
Name, home address, and local address, if any, of registrant;
(2)
Name and address of the person, firm, or corporation, if any, that
he represents or for whom or through whom orders are to be solicited
or cleared;
(3)
Nature of the articles or things 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;
and
(5)
Period of time which registrant wishes to solicit or sell in the
city.
(c)
The
registrant at the time of the registration, as herein provided, shall
submit for inspection of the city secretary written proof of his identity,
which may be in the form of an automobile operator’s license,
identification letter or card issued to registrant by the person,
firm, or corporation for when or through when orders are to be solicited
or cleared.
(d)
The
term “interstate commerce” means soliciting, selling,
or taking orders for, or offering to take orders for, any goods, wares,
merchandise, photographs, newspapers, or magazines, or subscriptions
to newspapers 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 the city in the fulfillment of such orders.
(1977 Code, sec. 4-38)
(a)
It
shall be unlawful for any person to go 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, or for any itinerant vendor to sell, offer
for sale, or exhibit for the purpose of taking orders for the sale
thereof, any goods or merchandise in the city, without having first
applied for and obtained a license to do so from the city secretary.
It shall also be unlawful to sell or solicit in the city as aforesaid
without carrying such license while engaged in such soliciting or
selling.
(b)
The
term “itinerant vendor” as used herein means and includes
and shall be construed to mean and include all persons, firms, associations,
or corporations, as well as their agents and employees, who engage
in temporary or transient business in the city of selling or offering
for sale any goods, wares, or merchandise or exhibiting the same for
the purpose of taking orders for the sale thereof. The word “temporary”
as used herein 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 ninety (90) days in or upon which such business is to be
operated or conducted, or from which business is to be operated or
conducted. The word “transient” as used herein means and
shall be construed to mean any such business of an itinerant vendor
as defined herein 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 move stocks of goods, wares, 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 ninety (90) days.
(1977 Code, sec. 4-32)
Any person desiring to go from house to house or from place
to place in the city, to sell or solicit orders for goods, wares,
merchandise, services, photographs, newspapers, or magazines, or subscriptions
to newspapers or magazines, or any itinerant vendor desiring to sell,
offer for sale, or exhibit for the purpose of taking orders for the
sale thereof, any goods or merchandise in the city, shall make written
application to the city secretary for a license to do so at least
five (5) days prior to the date of his contemplated sale or exhibit
to be held in the city, which application shall show the name and
address of applicant; the name and address of the person, firm, or
corporation, if any, that he represents; the kind of goods offered
for sale; whether such applicant upon any such sale or order shall
demand, accept, or receive payment or deposit of money in advance
of final delivery; and the period of time such applicant wishes to
sell or solicit in the city.
(1977 Code, sec. 4-33)
The application mentioned in section 4.02.032 hereof shall be accompanied by a bond in the penal sum of ten thousand dollars ($10,000.00), signed by applicant and signed, as surety, by some surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines, and newspapers in accordance with the terms of any order obtained prior to delivery, and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal on 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 use and benefit of all persons, firms, or corporations that may make any purchase or give any order to the principal on said bond, or to an agent or employee of the principal; provided, that, in the case applicant is a person, firm, company, partnership, corporation, or association engaging in any activity mentioned in section 4.02.032 hereof through one or more agents or employees, such persons, firm, company, partnership, corporation, or association shall be required to enter into only one bond, in the sum of ten thousand dollars ($10,000.00), as above required, which bond shall be made to cover the activities of all its agents or employees.
(1977 Code, sec. 4-34; Ordinance
2007-02, sec. 2, adopted 5/2/07)
The license fee for an itinerant merchant or itinerant vendor shall be one hundred dollars ($100.00); provided, however, when any person, firm, company, partnership, corporation, or association engages in any activity mentioned in section 4.02.031 hereof through one or more agents or employees, such person, firm, company, partnership, corporation, or association shall, in addition to said one hundred dollar ($100.00) fee above mentioned, pay a license fee of ten dollars ($10.00) for each agent or employee so engaged, all of which licenses shall be valid for one year from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of the licenses. In addition to the license, the city shall issue an itinerant vendor’s ID card to each agent or employee of such itinerant vendor upon payment of the ten dollar ($10.00) fee herein required.
(1977 Code, sec. 4-36; Ordinance
2007-02, sec. 3, adopted 5/2/07)
