(A) City permit required. Except as otherwise provided for by this chapter, no person shall conduct business within this jurisdiction as a peddler or a transient merchant without first obtaining a city permit. Solicitors need not be permitted, but are required to register with the city pursuant to § 116.07.
(B) Application. An application for a city permit to conduct business as a peddler or transient merchant shall be made at least 14 regular business days before the applicant desires to begin conducting a business operation within the city. Application for a permit shall be made on a form approved by the City Council and available from the office of the City Clerk. All applications shall be signed by the applicant. All applications shall include the following information:
(1) The applicant's full legal name;
(2) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer;
(3) A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features, and the like);
(4) Full address of applicant's permanent residence;
(5) Telephone number of applicant's permanent residence;
(6) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent;
(7) Full address of applicant's regular place of business, if any exists;
(8) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines;
(9) The type of business for which the applicant is applying for a permit;
(10) The dates during which the applicant intends to conduct business with a maximum of five consecutive days (for peddlers/solicitors) and 30 consecutive days for transient merchants;
(11) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up his or her business;
(12) A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses;
(13) A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant;
(14) Written permission of the property owner or the property owner's agent for any location to be used by a transient merchant;
(15) A general description of the items to be sold or services to be provided;
(16) Any and all additional information as may be deemed necessary by the City Council;
(17) The applicant's driver's license number or other acceptable form of identification; and
(18) The license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the permitted business operation.
(C) Fee. Fees are due once the applicant's permit has been approved by the City Clerk and prior to the issuance of the permit. All fees will be established in the annual fee schedule as set by City Council.
(D) Procedure. Upon receipt of the application and payment of the permit fee, the City Clerk will, within two regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If the City Clerk determines that the application is incomplete, the City Clerk must inform the applicant of the required, necessary information that is missing. If the application is complete, the City Clerk must order any investigation, including background checks, necessary to verify the information provided with the application. Within ten regular business days of receiving a complete application the City Clerk must issue the permit unless grounds exist for denying the permit application under § 116.04, in which case the City Clerk must deny the request for a city peddler or transient merchant permit. If the City Clerk denies the permit application, the applicant must be notified in writing of the decision, the reason for denial and the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, an appeal before the City Council. The City Council shall hear the appeal within 20 days of the date of the request for an appeal
(E) Duration. All permits granted under this chapter shall be valid only during the time period indicated on the permit.
(F) Professional fundraisers not exempt. A professional fundraiser working on behalf of an otherwise exempt group or person shall not be exempt from the licensing requirements of this chapter.
(G) Permit exemptions.
(1) No permit shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on their own farm(s).
(2) No permit shall be required for any person going from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement for the primary purpose of exercising that person's state or federal constitutional rights such as the freedom of speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if the person's exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity.
(Ord. 116, passed 4-24-13)