[P&L Code § PL1206.2]
As used in this article, the following terms
shall have the meanings indicated:
TRANSIENT MERCHANT
A.
Any person who engages in or conducts a business
of selling goods, wares and merchandise and who, for the purpose of
carrying on such business, uses, leases or occupies, either in whole
or in part, a room, building, structure, vehicle, railroad car, lot
or area of any kind in the City for the exhibition and sale of such
goods, wares, merchandise and equipment. Such term and the provisions
of this article shall not apply to:
(1)
Any such business which has been assessed, as
of the 31st day of December next preceding, for personal property
taxes upon the stock of goods, wares, merchandise, leasehold improvements
and equipment thereof.
(2)
Any branch established by such exempt business.
(3)
Businesses licensed under other provisions of
this Code.
(4)
Commercial travelers making sales to dealers,
retailers or selling agents in the usual course of business for resale.
(5)
Persons making sales for charitable, fraternal,
religious or public purposes.
(6)
Any person selling goods, wares or merchandise
of any description raised, produced or manufactured by the individual
offering the same for sale.
(7)
Any person renting a stall at the City market
or having a concession at the annual county fair.
[P&L Code § PL1206.3]
No transient merchant shall employ runners,
solicitors or decoys to call attention to his wares.
[P&L Code § PL1206.3; amended 8-27-1979 by Ord. No.
1169]
A. No transient merchant shall use any weighing or measuring
device, unless such device has been examined and approved by the state
inspector of weights, scales and measures.
B. No transient merchant shall sell or offer for sale
any article or commodity purporting to be in quantities of standard
weight or measure, whether in original or other package or not, unless
the same shall be actually of the weight or measure purported.
[P&L Code § PL1206.3]
No itinerant merchant shall sell, or offer for
sale, any defective, faulty, incomplete or deteriorated article of
merchandise, unless such merchandise is so represented to prospective
customers.
[P&L Code §§ PL1206.3,
PL1206.4]
A. If a transient merchant is engaged in the sale, or
offering for sale, of fruits, vegetables or other food, the same shall
at all times be subject to inspection by the health officer or his
duly authorized agent, and no fruits, vegetables or other food shall
be sold in any case where the health officer or his duly authorized
agent feels that such food would be detrimental to health.
B. No itinerant merchant shall sell, or offer for sale,
any fruits, vegetables or other food which has been injured by frost
or which is spoiled, unsound, unripe, unwholesome or otherwise unfit
for human consumption or which is otherwise than as represented by
the itinerant merchant, either by advertisement or otherwise.
C. It shall be the duty of the health officer or his
duly authorized agent to inspect any fruits, vegetables or other food
sold by an itinerant merchant to ascertain whether or not the same
is fit for human consumption. If it is determined by the health officer
that any such food is not fit for human consumption, it shall be unlawful
for the itinerant merchant to offer the same for sale in the City.