CHAPTER 111:  PEDDLERS
Section
   111.01   Definitions
   111.02   License required
   111.03   Application procedure
   111.04   Standards for issuance
   111.05   Revocation procedure
   111.06   Standards for revocation
   111.07   Appeal procedure
   111.08   Exhibition of identification
   111.09   Policy on soliciting
   111.10   Notice regulating soliciting
   111.11   Posted notice; solicitors to comply
   111.12   Prohibited solicitation
§ 111.01  DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS.  The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
   GOODS.  Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.
   ITINERANT MERCHANT.  Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the city.
   PEDDLER.  Any person, not an itinerant merchant, who:
      (1)   Travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or
      (2)   Without traveling from place to place, sells or offers goods for sale from any public place within the city.
   SOLICITOR.  Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future.  A person who is a solicitor is not a peddler.
§ 111.02  LICENSE REQUIRED.
   (A)   Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the city.
   (B)   The fee for the license required by this chapter shall be as follows: $10 per day, $20 per week, $50 per month, and $100 per year.
   (C)   It shall be unlawful for any solicitor, salesman, or peddler to solicit any individual between the hours of 8:00 p.m. and 8:00 a.m., unless they have a previous appointment with the resident or residents of the premise solicited. It shall be unlawful at any hour for a solicitor, salesman, or peddler to solicit without a proper permit on his or her person at all times.
   (D)   No license issued under this section shall be transferable.
   (E)   All day licenses issued under this chapter shall expire 24 hours after the date of issuance thereof.
   (F)   All week licenses issued under this chapter will expire seven days after the date of issuance thereof.
   (G)   All month licenses issued under this chapter will expire 30 days after the date of issuance thereof.
   (H)   All year licenses issued under this chapter will expire one year after the date of issuance thereof.
(Ord. 1017, passed 7-14-2015)  Penalty, see § 10.99
§ 111.03  APPLICATION PROCEDURE.
   (A)   All applicants for licenses required by this chapter shall file an application with the City Clerk.  This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:
      (1)   The name and address of the applicant;
      (2)   (a)   The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the city;
         (b)   The local address of such individual;
         (c)   The permanent address of such individual;
         (d)   The capacity in which such individual will act;
      (3)   The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;
      (4)   The time period or periods during which it is proposed to carry on applicant's business;
      (5)   (a)   The nature, character, and quality of the goods or services to be offered for sale or delivered;
         (b)   If goods, their invoice value and whether they are to be sold by sample as well as from stock;
         (c)   If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;
      (6)   The nature of the advertising proposed to be done for the business;
      (7)   Whether or not the applicant, or the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.
   (B)   Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:
      (1)   A description of the applicant;
      (2)   A description of any vehicle proposed to be used in the business, including its registration number, if any.
   (C)   All applicants for licenses required by this chapter shall attach to their application, if required by the city, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.
   (D)   Applicants who propose to handle foodstuffs shall also attach to their application, in addition to any attachments required under division (C), a statement from a licensed physician, dated not more than 10 days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.
Penalty, see § 10.99
§ 111.04  STANDARDS FOR ISSUANCE.
   (A)   Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.
   (B)   The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare.  In particular, tangible evidence that the applicant:
      (1)   Has been convicted of a crime of moral turpitude; or
      (2)   Has made willful misstatements in the application; or
      (3)   Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like; or
      (4)   Has committed prior fraudulent acts; or
      (5)   Has a record of continual breaches of solicited contracts;
will constitute valid reasons for disapproval of an application.
§ 111.05  REVOCATION PROCEDURE.
   Any license or permit granted under this chapter may be revoked by the City Clerk after notice and hearing, pursuant to the standards in § 111.06.  Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing.  Such notice shall be mailed to the licensee at his last known address, at least 10 days prior to the date set for the hearing.
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