(A) Purpose. The purpose of this chapter is to protect local consumers by requiring that itinerant sales persons engaging in the business of going from consumer to consumer, whether on the streets or at their place of residence or employment, and purchase a local business license to protect local consumers against deceptive practices and defective products sold by itinerants.
(B) License required. Every itinerant vendor, before doing any business within the city, shall procure an itinerant vendor business license.
(C) License fee duration.
(1) Before commencing business within the city, an itinerant vendor must apply for a license and pay to the City Clerk a license fee as set forth by resolution by the City Council.
(2) An itinerant vendor business license shall be issued for a period of 90 days.
(D) License application. Every itinerant vendor desiring to do business within the city must, before commencing such business, file with the City Clerk an application which shall set forth:
(1) Name of applicant;
(2) Applicant’s place of permanent residence;
(3) Applicant’s headquarters, if any;
(4) Date of applicant’s arrival in the city;
(5) City or county from which last license, if any, received;
(6) Whether the applicant is acting as principal, agent or employee;
(7) If acting as agent or employee, the name and place of business of the applicant’s principal or employer;
(8) If an agent, as part of application, principal’s acknowledgment of each agency must accompany application;
(9) Brief descriptive list of articles to be offered for sale, or service to be performed; and
(10) Whether payments or deposits of money are collected when orders are taken, or in advance of final delivery. At the time of filing the application, the application fee shall be paid as required by this section.
(E) Proof of liability insurance required.
(1) Proof of liability insurance, including insuring company’s contact information is required.
(2) The City Clerk will verify proof of liability insurance prior to issuing the business license.
(F) License issuing. Upon proper application for a city itinerant vendor business license, the city shall issue a license containing the following information:
(1) The name of the person to whom the license is issued (the licensee);
(2) Licensee’s headquarters, if any;
(3) Date of licensee’s arrival in the city;
(4) The inclusive dates the license is in effect; and
(5) The nature of the licensee’s business.
(G) Exhibition of license upon demand. Every itinerant vendor doing business under the provisions of this chapter must keep the license easily accessible and, upon demand of any person, exhibit the itinerant vendor license to be read by the person making the demand; and any such itinerant vendor who knowingly refuses or fails to exhibit his license as above provided is guilty of a violation of this chapter.
(H) License non-transferable. Itinerant vendor licenses are not transferable and will have printed on the face of the license the words not transferable.
(I) Interstate commerce. Nothing contained in this section is intended to operate so as to interfere with the power of the United States to regulate commerce between the states as such power is defined by the Supreme Court of the United States.
(Prior Code, § 5.02.086) (Ord. 128, passed 9-8-2009)