(A) (1) When used in this section, the term ITINERANT VENDOR shall mean and include all persons who engage or conduct within this city, either in one place, 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 purposes a room or rooms at any hotel, motel or lodging house, for the exhibition and sale of such goods, wares and merchandise; and the person so engaged shall not be released from the provisions of this section by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary or transient business in connection with or as part of the business of, or in the name of, any local dealer, trader, merchant or auctioneer.
(2) 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 streets, roads or highways, from packs or vehicles, nor to persons selling meat or the produce of the farm, garden, dairy, nor to any sales of goods, wares and merchandise on the ground of any agricultural association during the continuance of any annual fair held by such association; nor to any sales by societies acting for charitable, religious or benevolent 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 market place.
(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 the sale of any goods damaged by smoke, fire, water or otherwise, unless before so doing he or she shall state in writing, under oath, to the City Collector and Treasurer at the time he or she makes application for a license, hereinafter provided for, all the facts relating to the reason and character of such special sale as advertised, held forth, or represented, including a statement of the names of the persons from such goods, wares or merchandise were purchased, and the date of the delivery of the same to the person applying for 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. And such itinerant vendor shall also include in such statement 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 Treasurer and a record shall be kept by said Collector and Treasurer of all such statements, in convenient form and open to public inspection.
(C) The annual license fee to carry on the business of itinerant vendor shall be an amount set forth by Council from time to time.
(D) Every itinerant vendor who sells or exhibits for sale at public or private sale, any goods, wares or merchandise without first obtaining a license therefor, and in all other respects complying with the provisions of this subchapter, or who makes any false statement in reference to the matter set out in division (B) above, or who fails to comply with the requirements of this subchapter, and every person, whether principal or agent, who, by circular, handbills, newspaper, or in any manner advertises such sale, as herein described, before proper licenses are issued to the vendor and before he or she has complied with the provisions of this subchapter, shall be guilty of a violation of this subchapter, and shall be punished accordingly.
(1991 Code, § 6-14.15) (Ord. passed 3-15-1984) Penalty, see § 110.999