[P&L Code § PL1206.2]
As used in this article, the following terms shall have the meanings indicated:
- 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]
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.
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]
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.
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.
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.