The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. The words, terms,
or conditions in this article shall be given their common usage unless
otherwise defined.
Charitable, educational, patriotic or philanthropic purposes
means the use, actual or represented, of money or property
for any of the following purposes:
(1)
For the benefit of any poor, underprivileged, needy, sick or
crippled persons;
(2)
For the benefit of any church, congregation, religious society,
or other religious group or order which is not exempt from this division
under this article.
Flea market
means a business, place or location of a business where a
vendor is conducting business.
Flea market operator
means the person, organization, or corporation that own,
and/or manage and/or operate a flea market.
Itinerant
means nonresident and applies to any person engaging in the
business of being a vendor or solicitor as herein defined, who does
not reside in the city.
Merchandise
is to be construed broadly and includes, but is not limited
to, any and all articles or objects of trade or commerce, goods, commodities,
products, wares, money, or any personal property to be sold, exhibited
or offered for sale.
Reside
means having dwelled continually within the city for at least
the 30 consecutive days immediately preceding the date of application
for a license, or having owned, rented or leased a dwelling within
the city during that period of time.
Solicitor
means any person who shall solicit or accept orders for or
subscriptions to any book, magazine, or periodical, or for any merchandise
when delivery is to be made in the future.
Temporary
means any act of vending or soliciting transacted or conducted
in the city upon premises for which definite arrangements have not
been made in writing for the hire, rental or lease of such premises
for at least three months for the purpose of transacting or conducting
such business of vending or soliciting.
Vendor
means any person who engages in a temporary business in the
city of selling, exhibiting or offering for sale any merchandise,
including:
(1)
Any person who engages in such business upon or from a truck
or other vehicle within the limits of the city; or
(2)
Any person who hires, rents, leases or occupies any room or
space in any building, structure, enclosure, vacant lot or any other
property whatsoever in the city, in, through or from which any merchandise
may be sold, offered or exhibited for sale; or
(3)
Any person who carries any merchandise with him, whether such
merchandise is carried on foot or motor vehicle, or other conveyance
whatsoever, from place to place, or from house to house, within the
city, exhibiting or offering his own or his principal's merchandise
for sale, and who then and there sells and delivers it to other persons
or dealers; or
(4)
Any person who engages in the business of buying selling or
exchanging money for profit.
(Ordinance 87-219-5, § I(1)(A),
I(2)(A), adopted 7/14/1987)
Any person violating any of the provisions of this article shall, upon conviction, be punished as provided in section
1-13.
(Ordinance 87-219-5, § III,
adopted 7/14/1987)
No person shall engage in, transact, or conduct the business
of a flea market, as herein defined, either as principal or as agent,
servant or employee of any other person, without first having obtained
a license therefor, unless such person is exempt, under the provisions
of this article, from having to obtain such a license.
(Ordinance 87-219-5, § I(1)(B),
adopted 7/14/1987)
(a) Every
person, before engaging in the business of operating a flea market
in the city, shall pay, in advance, to the city secretary an annual
city license fee to be set out by ordinances by the city council and
maintained in the schedule of fees on file in the city secretary's
office.
(b) Licenses
shall expire one year from the date of issuance.
(c) This
section shall not apply to:
(1) Any
person (to include, but not be limited to, farmers, vendors, peddlers,
hucksters, whether on foot or from a vehicle) who distributes, transports
or sells only foods or beverages, provided such person shall pay the
license fee and comply with all applicable provisions set forth in
this article;
(2) The
distribution or sale of newspapers, pamphlets, handbills or other
written or printed matter sold or distributed for the purpose of disseminating
news, information or religious materials;
(3) Any
nonprofit or charitable organization, or any person participating
in an exhibition or event sponsored by a nonprofit or charitable organization,
provided that said organization obtain the approval of the city secretary;
(4) Any
person soliciting for charity, provided that person obtains the approval
of the city secretary;
(5) An
ordinary commercial traveler who sells or exhibits for sale merchandise
to parties engaged in the business of buying and selling and dealing
in such merchandise;
(6) Farmers
or their employees who produce and sell farm products, poultry, stock
or agricultural products in their natural state;
(7) Anyone
engaged wholly in interstate commerce, or anyone whose operations
form an integral part of interstate commerce and upon whom the provisions
of this article would impose a direct and unlawful burden with respect
to such operations;
(8) Any
person residing in the city who is not engaged in business at a flea
market or soliciting in a flea market or does not regularly engage
in the business of vending or soliciting and who, on five or less
days during the course of any calendar year, transacts sales of used
merchandise which had previously been obtained for domestic or personal
use, provided that such person, upon the request of the city secretary,
shall sign a statement verifying that:
a. Such
person is not in the business of vending or soliciting; and
b. Such
person has not and will not transact sales under this section on more
than five days during the course of the current calendar year.
(Ordinance 87-219-5, § I(1)(C),
adopted 7/14/1987)
(a) A temporary
license or receipt may be issued to any itinerant vendor, flea market,
or solicitor who engages in the business of a vendor or solicitor,
as herein defined, within the city during a time when he would be
unable to apply for a state limited sales and use tax permit as required
by law.
(1) Such
a temporary license or receipt shall be valid for not more than two
consecutive days;
(2) The
fee for a temporary license shall be established by ordinance by the
city council and maintained in the schedule of fees on file in the
city secretary's office.
(b) All
other licensing provisions found in this article shall remain in full
force and effect and apply equally to those doing business with a
temporary license or receipt.
(Ordinance 87-219-5, § I(1)(D),
adopted 7/14/1987)
(a) As a
prerequisite to obtaining the license herein required, every person
engaging in the business of vendor or flea market or solicitor shall
make application upon a blank form to be designed and furnished by
the city secretary, wherein the applicant shall give the following
information:
(1) Name;
residence and business addresses, and length of occupancy of each;
(2) Character
of merchandise to be offered for sale;
(3) Applicant's
last business occupation, last place of residence and license number
and place of issuance or license of motor vehicle, if any, used in
applicant's business;
(4) Acceptable
personal identification, such as a driver's license, birth certificate
or passport;
(5) Proof
that applicant has applied for and/or secured a sales tax permit;
(6) An
agreement to collect and promptly pay all applicable sales taxes;
(7) Any
other pertinent information deemed necessary by the city secretary.
(b) With
respect to itinerant vendors and itinerant solicitors, the city secretary
shall refer the application to the police chief. The police chief
may require any such applicant to be fingerprinted and to make periodic
reports of his whereabouts and activities to the extent the police
chief deems it necessary to protect the public from any abuse of the
privileges granted under this article. After conducting a hearing,
the municipal judge may revoke the license of any person who fails
to make reports as required by the police chief under this provision.
(c) The
city secretary shall review and in his discretion approve or deny
the application of a person seeking exemption from the provisions
of this article. Appeals of the decision of the city secretary shall
be made to the city council by delivering written notice of appeal
to the city secretary and shall be placed on the city council agenda
for review and action.
(Ordinance 87-219-5, § I(1)(E),
adopted 7/14/1987)
(a) Upon
receipt of the completed application and payment of the license fee
as herein provided, the city secretary shall issue and deliver to
such vendor or flea market operator or solicitor a license which shall
show the date of issuance, the name, occupation, place of residence
of licensee and fee paid therefore, and the licensee shall carry his
license with him and shall exhibit the same whenever requested by
any inspector, police officer or other officer authorized by law to
make inspections and arrests under this article.
(b) No license
issued hereunder shall be transferable.
(c) The
holder of a flea market license shall agree in the application therefore:
(1) To
be liable for all applicable sale taxes due to be collected or that
should have been collected;
(2) Further
without diminishing or limiting the liability stated above, shall
assist all appropriate governmental bodies in the collection of said
sales taxes;
(3) Shall
secure and deliver to the city secretary a completed license application
and license fee from all vendors or solicitors doing business at said
flea market at the time said vendors or solicitors shall commence
doing business at said flea market.
(Ordinance 87-219-5, § I(1)(F),
adopted 7/14/1987)
(a) It shall
be the duty of the city secretary, or his designee, the police chief,
or his designee, or of the peace officers of the city, to inspect
merchandise offered for sale in the city by a vendor or solicitor.
(b) The
city secretary or police chief shall have the power to condemn and
confiscate any merchandise which they deem to be unsafe or otherwise
unfit for sale to the public, or which they deem to be misrepresented
as to grade, quality or condition. Such condemnation and confiscation
shall remain in effect as long as necessary to protect the public
from the danger which is being prevented by the condemnation; notice
of such action shall be given to the owner or person displaying such
merchandise at the time such action is taken.
(c) After
conducting a hearing, having given three or more days' written notice
to the holder of the license mailed or delivered to the address of
the license holder as stated in the license application, the police
chief may revoke the license of any person who shall offer for sale
merchandise which is unsafe or unfit for sale to the public, or who
shall intentionally misrepresent the quality, grade or conditions
of any merchandise offered for sale.
(d) Any
person may appeal the decision or action of the city secretary or
police chief made hereunder by delivering written notice of appeal
to the city secretary who shall place the appeal on the city council
agenda for review and action.
(Ordinance 87-219-5, § I(1)(G),
adopted 7/14/1987)