§ 111.02 EXEMPTIONS.

   The terms of this subchapter shall not be applicable to farmers selling their own produce, to persons selling at wholesale to dealers, nor to newsboys, nor to bona fide merchants who merely deliver goods in the regular course of business, nor to bona fide charitable, religious, patriotic or philanthropic organizations.

(1994 Code, § 9-202)

§ 111.03 PERMIT APPLICATIONS.

   (A)   Applicants for a permit under this subchapter must file with the city a sworn written application containing the following:

      (1)   Name and physical description of applicant;

      (2)   Complete permanent home address and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made;

      (3)   A brief description of the nature of the business and the goods to be sold;

      (4)   If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship;

      (5)   The length of time for which the right to do business is desired;

      (6)   A recent clear photograph approximately two inches square showing the head and shoulders of the applicant;

      (7)   The names of at least two reputable local property owners who will certify as to the applicant’s good moral reputation and business responsibility, or in lieu of the names of references, such other available evidence as will enable an investigator to evaluate the applicant’s moral reputation and business responsibility;

      (8)   A statement as to whether or not the applicant has been convicted of any crime or misdemeanor or for violating any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;

      (9)   The last three cities or towns, if that many, where applicant carried on business immediately preceding the date of application and, in the case of transient merchants, the addresses from which such business was conducted in those municipalities; and

      (10)   At the time of filing the application, a fee as set forth by the City Commission shall be paid to the city to cover the cost of investigating the facts stated therein.

   (B)   (1)   Solicitor permits and transient vendor permits shall be one and the same as the same background and reference checks are required.

      (2)   All permit applications fees are due at time application is submitted.

      (3)   All permit fees are non-refundable.

      (4)   The permit fee of solicitor/transient vendor shall be $50 and are non-refundable.

(1994 Code, § 9-203) (Ord. 364, passed - -; Ord. 824, passed 8-27-2018)

§ 111.04 ISSUANCE OR REFUSAL OF PERMIT.

   (A)   Each applicant’s references and application information will be verified by the Police Department within 72 hours of application. The Chief of Police shall report its findings within the said 72 hours to applicant if permit is approved or denied.

   (B)   If, as a result of such verification, the Chief of Police finds the applicant’s moral reputation and/or business responsibility to be unsatisfactory, the city shall notify the applicant is denied.

   (C)   If the Chief of Police upon verification that the morals of applicant and the business responsibility of the applicant are satisfactory, the city shall advise applicant that they have been approved for a permit and that they will need to bring required bond to City Hall to have permit issued.

(1994 Code, § 9-204) (Ord. 824, passed 8-27-2018)

§ 111.05 APPEAL.

   Any person aggrieved by the action of the city in the denial of a permit shall have the right to appeal to the City Commission. Such appeal shall be taken by filing with the Mayor, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Mayor shall set a time and place for a hearing on such appeal and notice of the time and place of such hearing shall be given to the appellant. The notice shall be in writing and shall be mailed, postage prepaid, to the applicant at his or her last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing.

(1994 Code, § 9-205)

§ 111.06 BOND.

   Every permittee shall file with the city a surety bond running to the city in the amount of $1,000. The bond shall be conditioned that the permittee shall comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating peddlers, canvassers, solicitors, transient merchants, itinerant merchants or itinerant vendors, as the case may be, and shall guarantee to any citizen of the city that all money paid as a down payment will be accounted for and applied according to the representations of the permittee, and further guaranteeing to any citizen of the city doing business with said permittee that the property purchased will be delivered according to the representations of the permittee. Action on such bond may be brought by any person aggrieved and for whose benefit, among others, the bond is given, but the surety may, by paying, pursuant to order of the Court, the face amount of the bond to the Clerk of the Court in which the suit is commenced, be relieved without costs of all further liability.

(1994 Code, § 9-206)

§ 111.07 LOUD NOISES AND SPEAKING DEVICES.

   No permittee, nor any person in his or her behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the sidewalks, streets, alleys, parks or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the adjacent sidewalks, streets, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell.

(1994 Code, § 9-207) Penalty, see § 10.99

§ 111.08 USE OF STREETS AND SITE LOCATION.

   (A)   No permittee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where the operation might impede or inconvenience the public use of the streets. For the purpose of this subchapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.

   (B)   A written statement from the property owner shall be required validating that the applicant has the authority to set up a vendor location on a temporary basis at the site listed in the application.

(1994 Code, § 9-208) (Ord. 824, passed 8-27-2018) Penalty, see § 10.99

§ 111.09 EXHIBITION OF PERMIT.

   Permittees are required to exhibit their permits at the request of any police officer or citizen.

(1994 Code, § 9-209) Penalty, see § 10.99

§ 111.10 POLICE OFFICERS TO ENFORCE.

   It shall be the duty of all police officers to see that the provisions of this subchapter are enforced.

(1994 Code, § 9-210)