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The purpose of this chapter is to regulate the activities of individuals who engage in door to door solicitation and/or the activities or persons referred to in this act as transient merchants to protect against criminal activity, including fraud, to minimize the unwelcome disturbance of citizens and the disruption of privacy as necessary in the interest and promotion of the public health, safety, convenience, peace, comfort, order and public welfare of the town and the citizens and inhabitants thereof.
(Ord. 2015-04, passed 3-12-2015)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number:
FOOD. Any raw, cooked, or processed edible substance, ice, beverage, drink or ingredient used or intended for use or for sale in whole or in part for human consumption.
LICENSE. A license which has been issued pursuant to the requirement of this chapter.
PEDDLER. Any person traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place to place, from house to house, or from street to street carrying, conveying, or transporting goods, wares, merchandise, food products, offering and exposing them for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance. However, one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word PEDDLER shall include the words HAWKER and HUCKSTER.
SOLICITOR. Any person traveling from place to place, from house to house, or from street to street within the town, for the purpose of taking orders for the sale of goods, wares, merchandise, magazines, books, or personal property of any nature whatsoever for a future delivery, or for services to be furnished and performed in the future, regardless of whether the person has, carries, or exposes for sale a sample of the subject of the sale or whether he is collecting advance payments on the sales or who solicits monies door-to-door for non-profit or not-for-profit organizations.
TRANSIENT MERCHANT. Any person, whether as owner, agent, consignee, or employee, who engages in a temporary business of selling and delivering goods, wares, and merchandise within the town, and who, in furtherance of this purpose, hires, leases, uses, or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in hotels, motels, lodging houses, apartments, shops or any street, alley or other place within the town, for the exhibition and sale of the goods, wares, and merchandise, either privately or at public auction. However, this definition shall not be construed to include any person who, while occupying temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only, and this definition shall not be construed to include any person who is a commercial traveler or salesman calling exclusively upon businesses, professional persons, schools, or public institutions for the purposes of taking orders or selling books, equipment, supplies, or services used professionally thereby. A person shall be a transient merchant even though he temporarily associates with a local dealer, trader, merchant, or auctioneer, or conducts the transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. The term TRANSIENT MERCHANT shall include the terms ITINERANT MERCHANT and ITINERANT VENDOR.
(Ord. 2015-04, passed 3-12-2015)
(A) It shall be unlawful for a transient merchant, peddler, or solicitor to engage in their respective business within the corporate limits of the town without obtaining a license in compliance with the provisions of this chapter. The obtaining of a license by an employer or principal shall in no way relieve any employee or agent of that employer or principal of his or her legal obligation to obtain a license.
(B) Licenses issued under the provisions of this chapter shall contain the information and be in the form prescribed by the Town Council.
(C) It shall be unlawful for a transient merchant, peddler or solicitor to engage in door-to-door solicitations before 9:00 a.m. and after 6:00 p.m., and the license to be issued shall show on its face that restriction.
(Ord. 2015-04, passed 3-12-2015)
Applicants for any license under this chapter, whether a natural person, firm, corporation or other entity, shall file a written sworn application signed by the applicant, if an individual, by a partner if a
partnership, and by an officer or duly authorized agent if a corporation, with the Clayton Clerk-Treasurer showing the following information:
(A) The names and description of the applicant and, if other than a natural person, the names of the persons having the management or supervision or the applicant's business during the time that it is proposed that it will be carried on in the town.
(B) The full permanent address and full local address of the applicant.
(C) A brief description of the nature of the business and the goods to be sold, whether the goods are proposed to be sold from stock in possession, or from stock in possession and by sample; to be sold at auction, direct sale, or by direct sale and by taking orders for future delivery; and where the goods or property proposed to be sold are manufactured and produced.
(D) If the applicant is employed or acting as an agent, the name and address of the employer or principal, together with the credentials establishing the exact relationship.
(E) The place or places within the town where the applicant proposes to carry on his or her business and the length of time during which the applicant proposes that the business shall be conducted.
(F) If one or more vehicles are to be used, a description of them, together with license numbers or other means of identification.
(G) A copy of a current, valid state issued identification containing a photograph of the applicant and each person who will be selling or soliciting under the license, or if a corporation, a photograph of the person to have the management or supervision of the applicant's business in the town.
(H) If the applicant is proposing to sell food and is required by local or state ordinances, regulations or laws to have a separate permit or license, including but not limited to a food service establishment permit, the applicant will produce a copy of any and all valid permits or licenses required.
(I) Any other reasonable information as to the identity or character of the applicant; or his or her agents or employees or the method or plan of doing business that the town may deem proper to fulfill the purpose of this chapter in the protection of the public good and welfare.
(Ord. 2015-04, passed 3-12-2015)
(A) A license shall be issued to a vendor by the Clerk-Treasurer upon such vendor's completion of an application, confirmation that such vendor has no felony or misdemeanor conviction within 15 years of the application date for a crime of dishonesty, fraud, theft and/or moral turpitude, and such vendor has paid a license fee of $40 for a ten-day license for $150 for a 120-day license for each person selling items.
(B) The decision as to whether an application is approved or denied shall be made by the town within 20 days from the date the application is submitted to the Clayton Clerk-Treasurer for processing.
(Ord. 2015-04, passed 3-12-2015)
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