[Adopted 2-28-1984 by Ord. No. 895 as
Art. I of Ch. 219 of the 1984 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any person who goes about from place to place, traveling
by foot, wagon, automotive vehicle or other type of conveyance, selling
or offering for sale any goods, wares or merchandise, and includes
hawkers and hucksters.
A.
It shall be unlawful for any person to engage in business
as a peddler without first having obtained a license from the Roseville
Police Department. No license shall be granted except upon approval
of the Chief of Police.
B.
Nothing herein contained shall be construed to prevent
any manufacturer, farmer, mechanic or nurseryman from selling his
or her work or production without a license.
Application for a license shall be filed with
the Roseville Police Department in the form and manner required by
such Department. Such application shall contain, among other things,
the following information:
A.
The name and a description of the applicant.
B.
The address (permanent and temporary) of the applicant.
C.
A brief description of the nature of the business
and the goods to be sold.
D.
If the applicant is employed, the name and address
of his or her employer, together with credentials establishing such
relationship.
E.
The length of time for which a license is desired.
F.
If a vehicle is to be used, a description of the same,
together with the license number and other information that may be
required.
G.
A photograph of the applicant, taken within 60 days
immediately prior to the date of filing such application, which photograph
shall be two inches by two inches and shall show the head and shoulders
of the applicant in a clear and distinguishing manner.
H.
The criminal record of the applicant.
[Amended 6-11-1985 by Ord. No. 918]
I.
The names of two or more personal references who will
certify as to the good character and business responsibility of the
applicant.
[Amended 6-11-1985 by Ord. No. 918]
J.
A statement as to whether the applicant has ever been
convicted of any crime, misdemeanor or violation of any City ordinance
and, if so, full particulars as to the nature of the offense, the
court before whom conviction was had or a plea of guilty entered and
the punishment or penalty assessed therefor.
K.
A statement by a duly licensed physician, dated not
more than 10 days prior to submission of the application, certifying
the applicant to be free of any infectious, contagious or communicable
disease.
[Amended 6-11-1985 by Ord. No. 918]
[Amended 6-11-1985 by Ord. No. 918]
A.
The Roseville Police Department shall forward such
application to the Chief of Police who shall cause an investigation
to be made of the applicant's character and business responsibility.
After such investigation, the Chief of Police shall endorse upon such
application his or her approval or disapproval.
Before any license shall be issued, the applicant shall pay the fees prescribed in Chapter 133, Fees, of this Code.
A.
Any honorably discharged member of the Coast Guard,
soldier, sailor or marine of the military or naval service of the
United States, who is a resident of the state and a veteran of any
war in which the United States of America has been or shall be a participant,
shall have the right to hawk, vend or peddle his or her own goods,
wares and merchandise within the City by procuring a license therefor
as herein prescribed. Application for such license shall be made to
the Roseville Police Department in the form and manner prescribed
in this article, and upon presentation to the Police Department of
a certificate of honorable discharge from the Coast Guard, Army, Navy
or Marine Corps of the United States, which certificate shall show
that the applicant is a veteran of any war in which the United States
has been or shall be a participant, a veteran's license shall be issued
to the applicant without cost.
B.
Any person exempt by law from the payment of license
fees as prescribed herein shall comply with all other provisions of
this article, and upon submission of satisfactory evidence to the
Roseville Police Department of such exemption, the Police Department
shall issue to such applicant a license without requiring the payment
of any fee, and the Police Department shall indicate upon the face
of the license that same was issued pursuant to such exemption without
any fee being paid therefor.
The Roseville Police Department shall issue
to each licensee, at the time of delivery of the license, two license
plates for each vehicle to be used, and a metal badge shall also be
issued to each licensee hereunder. Such plates and badges shall bear
the words "licensed peddler," the term for which the license is issued
and the number of the license. License plates shall be affixed to
the front and rear or on both sides of the vehicle. The badge shall
be conspicuously displayed by the licensee on the front of his or
her hat or the upper portion of an outer garment at all times.
No license or badge issued under the provisions
of this article shall be used or worn at any time by any person other
than the licensee.
No peddler shall engage in any business, or
make any call for business purposes, before the hour of 9:00 a.m.
or after 7:00 p.m. or sundown, whichever first occurs.
A.
It shall be unlawful for any licensee, or any person
in his or her behalf, to shout, cry, blow a horn, ring a bell or use
any sound device, including loudspeakers or sound amplifiers, upon
any of the streets, alleys, parks or other public places of the City
or upon any private premises for the purpose of attracting attention
to any goods, wares or merchandise which the licensee proposes to
sell.[1]
B.
It shall be unlawful for any licensee, or any person
in his or her behalf, to use or employ any flashing lights on any
vehicle or any other device for the purpose of attracting attention
to any goods, wares or merchandise which the licensee proposes to
sell.
A.
A license may be denied any applicant by the Roseville
Police Department, and any license may be suspended or revoked by
the City Manager, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application.
(2)
Fraud, misrepresentation or false statement made when
engaging in business as a peddler.
(3)
Any violation of this article or of any other ordinance
of the city.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Whenever the Chief of Police or designee shall deny
or revoke any license, a notice specifying the cause of such denial
or revocation shall be given to the applicant or licensee.
[Amended 7-27-1999 by Ord. No. 1125]
[Amended 7-27-1999 by Ord. No. 1125]
Any person aggrieved by the Chief of Police
or designee in the denial or revocation of a license may, within 10
days, file a written request for a hearing with the City Manager.
The City Manager shall set a time and place for a hearing, and notice
thereof shall be given to the appellant. Upon such hearing, the City
Council shall determine whether the license should be denied or revoked,
and such determination shall be final and conclusive.
A.
It shall be the duty of any police officer to require
any person observed engaged in the business of peddling to exhibit
his or her license and to otherwise enforce the provisions of this
article.
B.
It shall be unlawful for any person to refuse to exhibit
his or her license, upon request, to any private citizen or police
officer.
The Roseville Police Department shall maintain
a record of each license issued hereunder and shall indicate therein
all reports of violation.
