(A) In order to sell any product or service to members of the public on or along the streets or the public rights-of-way, on private property, or in parks within boundaries of the town, each person or entity so transacting business must have a vendor's permit issued for that purpose by the Clerk-Treasurer.
(1) The Town Council shall, by resolution, fix the cost of a vendor's permit.
(2) A vendor's permit application shall be made to the Clerk-Treasurer, and may be subject to Town Council approval.
(3) A permit issued hereunder to a person or entity may not be sold, assigned, or given by the permit holder to any other person or entity.
(4) In the event a person or entity to whom a permit was issued by the Clerk-Treasurer attempts to sell, assign, or give the permit to another person or entity, such attempt shall render the permit void and invalid, and shall be subject to the penalties contained in § 115.99.
(5) In the event that multiple vendors are located on one property for the same event, only one permit is required of the property owner or event coordinator. The permit holder shall be responsible for all permit requirements for all vendors on the property.
(B) The Clerk-Treasurer shall be responsible for the design and color of such permits.
(1) Each permit issued by the Clerk-Treasurer shall bear the name and address of the permit holder, and the name and address of the responsible individual if the permit is issued in the name of the group or entity.
(2) The permit issued by the Clerk-Treasurer shall be displayed in a prominent place, readily visible to members of the public, including law enforcement officers.
(C) Clean up.
(1) An itinerant merchant, vendor, or organization shall allow no accumulation of trash, refuse, or garbage at the site of the permitted booth or specified area, but shall police the areas and shall dispose of all such materials as specified in the permit.
(2) In the event of a violation of this provision, the town may police such property or area, and the permittee, landowner, and organization holding a special event shall be liable for the actual cost of cleanup, or a charge of $50, whichever is greater.
(3) Prohibited items. No itinerant merchant and/or vendor shall place in plain view any type of pornographic material or items, nor sell the same to anyone under the age of 18 years old. Furthermore, no vendor shall sell any illegal drugs or drug paraphernalia to any person. In addition, there shall be no sales of weapons, such as guns, knives, or swords, to anyone under the age of 18.
(D) Exceptions. The provisions of § 115.02 as it applies to a license fee shall not apply to the following:
(1) Solicitations made upon premises owned or occupied by the organization on whose behalf such solicitation is made;
(2) Any religious organization, corporation, or association soliciting contributions solely from persons who are members thereof at the time of such solicitation;
(3) Any religious organization, non-profit, or not-for-profit organization that provides proper documentation of such status upon its license application; or
(4) Any and all vendor applications during the July 4th festival will be processed by the Lights Over Morse committee.
(E) Licenses not transferable. No license issued under this chapter shall be transferable.
(F) Expiration date required. All licenses issued under this chapter shall contain an expiration date, and the license shall expire on that date.
(Ord. 11-07-2017-2, passed 11-7-17)