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Any peddler, solicitor, or transient merchant, as defined herein, desiring a permit shall file with the Police Chief the required application forms, which shall contain the following information:
1. Name, date of birth, and social security number of each person who will be selling goods or merchandise within the City.
2. Permanent and local addresses and telephone numbers of each person who will be selling goods or merchandise within the City.
3. A brief description of the product(s) to be sold, the sales method, and the dates, times, and location(s) of the sales. No sales will be allowed before 9:00 a.m. or after 9:00 p.m.
4. Name, address, and phone number of the firm for which or on whose behalf the orders are solicited, or the supplier of the goods offered for sale.
5. Length of time for which the permit is desired.
6. Make, model, year, color, and license plate information of each vehicle which will be used in the proposed solicitation.
7. Copy of State sales tax permit and Federal tax identification number.
If a single group, organization, club, business, or agency is sponsoring an event wherein multiple peddlers, solicitors, and/or transient merchants/vendors will be selling goods, merchandise, or services at a single location and/or under one roof, the sponsor may apply for a single Special Event Permit. The sponsor will be responsible for collecting the names, addresses, and phone numbers of each of the peddlers, solicitors, and/or transient merchants/vendors who will be selling at the Special Event. This information shall be furnished to the Police Chief along with the application for the Special Event so that any reference or background checks that are deemed necessary can be conducted prior to approval of the permit. This information shall also be retained by the event sponsor so that customers will have access to contact persons at each company in the event of any questions, comments, complaints, or concerns regarding any goods, merchandise, or services purchased at the Special Event. Each permit will be valid for a maximum of seven (7) days. The Special Event Permit described in this section will be in lieu of the permits normally required for individual peddlers, solicitors, and/or transient merchants.
In determining whether any permit under this chapter should be granted or denied, the following standards shall be taken into consideration:
1. If the proposed activity is likely to cause undue congestion of a public area.
2. If the proposed activity is likely to create a safety hazard.
3. If the applicant has had an unreasonable number of complaints for misrepresentation, fraud, or selling defective merchandise.
4. If the applicant or any of its agents or representatives has been convicted within the last five (5) years of any public offense relating to fraud, misrepresentation, or moral turpitude.
5. If the proposed activity is likely to cause excessive or unusual noise.
6. If the proposed activity is located in a structure other than a permanent building or an accessory building of less than 120 square feet. Permits shall be denied for activities that will be conducted in temporary structures, trailers, tents, or other similar temporary arrangements for more than 5 days in a 60 day period.
(Ord. 1705 - Sep. 17 Supp.)
Prior to issuing the said peddler’s, solicitor’s, or transient merchant’s permit, the Police Chief shall collect for the City a permit fee in the sum of twenty-five dollars ($25.00) for each day the applicant, as shown by the application, shall propose to sell or offer for sale any goods, wares or merchandise within the City. The fee for each Special Event permit shall be one hundred dollars ($100.00).
Upon receiving an application for a peddler’s, solicitor’s, or transient merchant’s permit, the Police Chief shall investigate (or cause to be investigated) the reputation and character of the applicant. Up to a maximum of ten (10) days will be allowed for the completion of this investigation. If, upon completion of such investigation, the Police Chief is satisfied that the statements and representations contained in the application are true, and that the applicant is of good reputation and character, and has met all of the permit requirements contained in this chapter, the Chief shall issue to the applicant a permit as a peddler, solicitor, or transient merchant upon payment of the fee as herein prescribed for the period of time requested in said application and for use at the location and place where it is stated in said application. This permit shall be carried by each person selling goods or merchandise for the applicant and shall be displayed upon demand to any potential customer, or police officer. Such permit shall be valid only for the period of time and at the location and place described therein.
The Police Chief may revoke any permit issued under the provisions of this chapter for any of the following causes:
1. For any violations of the provisions of this chapter.
2. For making false or misleading statements or representations on the application form.
3. For making false or misleading statements or representations regarding any article sold or offered for sale as to condition, quality, original cost, or cost to such peddler, solicitor or transient merchant.
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