§ 111.02 DEFINITIONS.

   For the purpose of this chapter the following definitions shall unless the context clearly indicates or requires a different meaning.

   CONTRACTOR.

      (1)   Synonymous with the terms BUILDER, DUAL LICENSED CONTRACTOR, COMMERCIAL CONTRACTOR and RESIDENTIAL CONTRACTOR .

      (2)   Any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that, for compensation, undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or herself or by or through others, or directly or indirectly supervises others to:

         (a)   Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or any other structure or work in connection with the construction.

         (b)   Connect such structure or improvements to utility service lines and metering devices and the sewer line.

         (c)   Provide mechanical or structural service for any such structure or improvements.

      (3)   CONTRACTOR includes subcontractors, specialty contractors, floor covering contractors, landscape contractors and consultants representing themselves as having the ability to supervise or manage a construction project for the benefit of the property owner, including the hiring and firing of specialty contractors, the scheduling of work on the project and the selection and purchasing of construction material.

   PEDDLER or MOBILE MERCHANT. Any person, individual or corporation, or firm, whether a resident of the town or not, who travels, or whose agents travel, by foot, automobile or any other type of conveyance, from place to place, from house to house, from street to street or business to business, carrying, conveying or transporting goods, wares, merchandise, edible foodstuffs or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same from a cart, automotive vehicle or other conveyance, and further provided, that persons or firms who solicit orders and as a separate transaction make delivery to purchasers as a part of a scheme or design to evade the provisions herein contained shall be deemed a PEDDLER or MOBILE MERCHANT subject to the provisions herein contained. PEDDLER shall include the words HAWKER and HUCKSTER .

   SOLICITOR. Any person, individual or corporation, or firm, whether a resident of the town or not, who travels, or whose agents travel, by foot, automobile or any other type of conveyance, from place to place, from house to house, from street to street or business to business, taking or attempting to take orders for sale of goods, wares, merchandise, edible foodstuffs, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether collecting advance payments on such sales or not; provided that such definition shall include any person or firm who, for themselves or itself, or for another person or firm hires, leases, uses or occupies any building, structure, tent, shop or any other place within the town for the sole purpose of exhibiting samples and taking orders for future delivery.

   TRANSIENT MERCHANT, ITINERANT MERCHANT or ITINERANT VENDOR. Any person, corporate or individual, or firm, whether owner or otherwise, whether a resident of the town or not, who engages, or whose agents engage, in a temporary business of selling and delivering goods, wares, merchandise, edible foodstuffs or provisions, within the town, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, public room in a hotel, lodging house, apartment, shop, or any street, alley or other place within the town for the exhibition and sale of such goods, wares, merchandise and edible foodstuffs, either privately or at public auction. The person or firm 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 such local dealer, trader, merchant or auctioneer.

(Ord. O-2004-16, passed 4-5-04)8-1-8)

REGISTRATION

§ 111.10 REGISTRATION FEES.

   (A)   Any person operating as a solicitor, peddler, hawker, salesperson, or vendor of goods, wares, merchandise, magazines, or services who goes from house to house, or to only one house, in the town shall register with the Town Clerk and obtain an identification card showing such registration.

   (B)   The peddler's fee is $50 for a three-month period.

   (C)   Any person required to register under this chapter shall pay the appropriate registration fee in the amounts as determined by resolution of the Town Council.

(`87 Code, § 8-1-1) (Am. Ord. 92-03, passed 2-24-92) Penalty, see § 10.99

§ 111.11 IDENTIFICATION REQUIRED.

   (A)   Applications for registration under the terms of § 111.10 may be required to furnish two satisfactory photographs of the applicant, one to be attached to the applicant's registration card and the other to be retained by the Police Department. The Chief of Police may require the applicant to file his or her fingerprint identification with the Police Department.

   (B)   Applicants may be required to furnish to the Police Department a complete description of the product to be sold in the town, together with information regarding sales methods to be used and references that will enable the Chief of Police to determine whether or not such applicant is qualified to receive a registration card as provided in § 111.12. Investigation by the Chief of Police under the provisions of this chapter shall be completed within 15 days after the applicant has given the required information.

(`87 Code, § 8-1-2)

§ 111.12 REGISTRATION CARD ISSUANCE.

   Registration cards shall be issued unless the Chief of Police discovers that any such applicant is deemed not to be a proper person to be permitted to go from house to house because of any of the following reasons, in which case, in the interest of public safety and protection, the applicant shall not be registered:

   (A)   He or she has a felony criminal record;

   (B)   He or she is associated with a company that has engaged in fraudulent dealings; or

   (C)   The proposed sales proposition includes some element of trickery, fraud, or deceit.

(`87 Code, § 8-1-3)

§ 111.13 REGISTRATION CARD REVOCATION.

   Registration cards under this chapter may be revoked by the town at any time if deemed necessary in the interest of public safety and protection.

(`87 Code, § 8-1-4)

PROHIBITIONS AND RESTRICTIONS