A peddler or [as] that term is used in this article shall be held to be any person, firm, company, partnership, corporation or association engaged in any activity mentioned in section
4.05.003.
(1986 Code, ch. 4, sec. 1(E); 1993
Code, sec. 4.105)
The provisions of this article shall not apply to sales made
to dealers by commercial travelers or sales agents in the normal course
of business, nor to sales made under authority and by order of law,
nor to any nonprofit, charitable or benevolent association (Scouts,
band, booster clubs, church, etc.).
(1986 Code, ch. 4, sec. 1(F); 1993
Code, sec. 4.106)
It shall hereafter 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, magazines or subscriptions
to magazines, without having first applied for and obtained a license
to do so from the city secretary. It shall also hereafter be unlawful
to sell or solicit in the city as aforesaid without carrying such
license while engaged in such soliciting or selling.
(1986 Code, ch. 4, sec. 1(A); 1993
Code, sec. 4.101; Ordinance 357-94 adopted 2/15/94)
Any person desiring to go from house to house or place to place
in the city to sell or solicit orders for goods, wares, merchandise,
services, photographs, magazines or subscriptions to magazines shall
make written application to the city secretary for a license to do
so, which application shall show:
(1) The
name, home address and local address, if any, of the registrant;
(2) The
name and address of the person, firm or corporation, if any, that
he/she represents or for whom or through orders are to be solicited
or cleared;
(3) The
nature of the articles, things or services which are to be sold or
for which orders are to be solicited;
(4) Whether
the registrant, upon any sale or order, shall demand or receive or
accept payment or deposit of money in advance of final delivery;
(5) The
period of time in which the registrant wishes to solicit or sell in
the city; and
(6) Documentation
certifying that all applicable state and local sales taxes will be
paid to the city or information indicating exemption from such obligation.
(1986 Code, ch. 4, sec. 1(B); 1993
Code, sec. 4.102; Ordinance 357-94 adopted 2/15/94)
The registrant, at the time of the registration, as herein provided
for, shall submit for inspection of the city secretary written proof
of his/her identity, which may be in the form of an automobile operator’s
license, identification letter or card issued to the registrant by
the person, firm or corporation for whom or through whom orders are
to be solicited or cleared.
(1986 Code, ch. 4, sec. 1(C); 1993
Code, sec. 4.103)
The application mentioned in section
4.05.004 shall be accompanied by a bond in the sum of five hundred dollars ($500.00), signed by the registrant and co-signed, as surety, by a surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines, etc., 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 of 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 any agent or employee of the principal. Provided that, in case the applicant is a person, firm, company, partnership, corporation or association engaging in any activity mentioned in section
4.05.003 through one or more agents or employees, such persons, firms, companies, partnerships, corporations or associations shall be required to enter into only one (1) bond in the sum of five hundred dollars ($500.00) as above required, which said bond shall be made to cover the activities of all its agents or employees.
(1986 Code, ch. 4, sec. 1(D); 1993
Code, sec. 4.104)
(a) Each
peddler shall pay a license fee in the amount established by city
council. When any person, firm, company, partnership, corporation
or association engages in any activity mentioned in 4.05.003 through
one or more agents or employees, such person, firm, company, partnership,
corporation or association shall, in addition to the fee mentioned,
pay an additional fee in the amount established by city council for
each agent or employee so engaged. Fees shall be used for the purpose
of defraying expenses incident to the issuance of said licenses. Any
amounts not used for this purpose shall be remitted to the general
fund of the city. No fee shall be required of those persons engaging
in interstate commerce.
(b) All
licenses issued under the provisions of this article shall be valid
for three (3) months from the date of their issuance.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.107; Ordinance adopting 2017 Code)