(a) "Itinerant vendor," for the purpose of this section, means and includes all persons, firms, or corporations, both principals and agents, who engage or conduct within this City, either in one locality, or in traveling from place to place, a temporary or transient business of selling goods, wares and merchandise; and who, for the purpose of carrying on such business, use, lease, or occupy either in whole or in part, a room, building or other structure, or who use, lease or occupy for such purpose a room or rooms in any hotel or lodging house, for the exhibition and sale of such goods, wares and merchandise; and the person, firm or corporation so engaged shall not be relieved from the provisions of this section by reason of chant or auctioneer, or by conducting such temporary or transient business in connection with or as part of the business of, in the name of any local dealer, trader, merchant or auctioneer. The provisions of this section shall not apply to sales made to persons by commercial travelers, or selling agents in the usual course of business, nor to bona fide sales of goods, wares, or merchandise, by sample for future delivery; nor to hawkers or peddlers in the street, roads or highways, from packs or vehicles, nor to persons selling meat or the products of the farm, garden or dairy, nor to any sales of goods, wares or merchandise on the grounds of any agricultural association during the continuance of any annual fair held by such association, nor to any sales by societies acting for charity, religious or public purposes; nor to judicial sales directed by law, or under the orders of any court; nor to the sales of the common necessities of life in any public marketplace.
(b) No itinerant vendor shall advertise, represent or hold forth a sale of goods, wares or merchandise as a bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver, attorney, manufacturer's, wholesale, or closing-out sale, or a sale of any goods damaged by smoke, fire, water or otherwise, unless before so doing he shall state in writing, under oath, to the City Collector, all the facts relating to the reason and character of such special sale so advertised, held forth, or represented, including a statement of the names of the persons from whom such goods, wares or merchandise were purchased and the date of the delivery of the same to the person applying for the license; the place, if any, where such goods, wares or merchandise were previously exposed for sale, and such details as are necessary to exactly locate and fully identify all such goods, wares and merchandise proposed to be sold. Such itinerant vendor shall also include in such statements the name and residence of the owner or owners in whose interest the business is conducted, to be kept on file in the office of the City Collector, and a record shall be kept by the City Collector of all such statements in convenient form and open to public inspection.
(c) On every license to carry on the business of itinerant vendor in this City, there shall be assessed an annual license tax of five hundred dollars ($500.00); provided, however, that no such license shall be issued or such license tax assessed for any period less than one year.
Every itinerant vendor who sells or exhibits for sale, at public or private sale, any goods, wares and merchandise without first obtaining a City license therefor, and in all other respects complying with the provisions of this section, or who makes any false statement, or who fails to comply with the requirements of this section, and every person, whether principal or agent who, by circular, handbill, newspaper, or in any manner advertises such sale, as herein described, before the proper City license is issued to the vendor, and before he has complied with the provisions of this section shall be guilty of a violation of this section and shall be punished accordingly, by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00); and each day that any violation thereof shall continue shall be deemed to constitute a separate offense and be punished hereunder accordingly.
(Ord. 103. Passed 6-25-42.)