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)