It shall be unlawful for any direct seller, transient merchant or solicitor
to engage in direct sales or solicitations within the City without being registered
and licensed for that purpose, as provided herein.
As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
Each individual applying for registration and licensing as a direct
seller, transient merchant or solicitor.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary person,
partnership, association or corporation for which there is provided proof
of tax-exempt status pursuant to § 501(c)(3) or (4) of the United
States Internal Revenue Code.
DIRECT SELLER
Any individual who, for himself or for a partnership, association
or corporation, sells goods or services or takes sales orders for the later
delivery of goods or services at any location other than the permanent business
place or residence of said individual, partnership, association or corporation
and shall include, but not be limited to, peddlers, canvassers and transient
merchants. The sale of goods and services includes donations requested or
required by the direct seller for the retention of goods or services by a
donor or prospective customer.
GOODS
Personal property of any kind and includes goods provided incidental
to services offered or sold.
PERMANENT MERCHANT
A direct seller or one representing a merchant who, for at least
one year prior to the submission of an application pursuant to this chapter,
has continuously operated an established place of business in the City or
has continuously resided in the City and now does business from his residence.
REGISTRANT
Each individual registered by the Clerk-Treasurer.
SOLICITOR
Any individual who, for himself or for any other person, organization,
society, association or corporation, personally solicits money, property or
financial assistance of any kind from persons other than members of such organization,
society, association or corporation.
TRANSIENT MERCHANT
Any person, whether as owner, agent, consignee or employee, who engages
in a temporary business of selling and delivering goods, wares and merchandise
within the City and who, in furtherance of such purpose, hires, leases, uses
or occupies any building, structure, motor vehicle, trailer, tent, railroad
boxcar or boat, public room in a hotel, lodging house, apartment, shop or
any street, alley or other place within the City for the exhibition and sale
of such goods, wares and merchandise, either privately or at public auction,
provided that such definition shall not be construed to include any person,
firm or corporation who or which, while occupying such temporary location,
does not sell from stock but exhibits samples for the purpose of securing
orders for future delivery only. The person, firm or corporation so engaged
shall not be relieved from complying with the provisions of this chapter merely
by reason of associating temporarily with any local dealer, trader, merchant
or auctioneer or by conducting such transient business in connection with,
as a part of, or in the name of any local dealer, trader or auctioneer.
The provisions of §
178-7B(2) and
(3) above shall apply to transient merchants.
The Chief of Police shall report to the Clerk-Treasurer all convictions
for violations of this chapter and the Clerk-Treasurer shall note any such
violation on the record of the registrant convicted. The Clerk-Treasurer shall
note any complaint or report of an alleged violation made by a resident of
this City or a police officer.
Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in Chapter
1, §
1-4 of this Code.