CHAPTER 111: PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS
Section
111.01   Definitions
111.02   License requirement
111.03   Application procedure
111.04   Standards for issuance
111.05   Revocation procedure
111.06   Standards for revocation
111.07   Appeal procedure
111.08   Exhibition of identification
 
111.99   Penalty
§ 111.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. The business carried on by any person who is an itinerant merchant, peddler or solicitor as defined in this section.
   GOODS. Merchandise of any description whatsoever, and includes but is not restricted to wares and foodstuffs.
   ITINERANT MERCHANT. Any person, whether as owner, agent or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of that business, uses any building, structure, vehicle or any place within the city.
   PEDDLER.
      (1)   (a)   Any person who travels from place to place by any means carrying goods for sale, making sales or making deliveries; or
         (b)   Any person who, without traveling from place to place, sells or offers goods for sale from any public place within the city.
      (2)   A person who is a PEDDLER is not an itinerant merchant.
   SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a SOLICITOR is not a peddler.
§ 111.02 LICENSE REQUIREMENT.
   (A)   Any person who is an itinerant merchant, peddler or solicitor shall obtain a license before engaging in that activity within the city.
   (B)   The fee for the license required by this chapter shall be as set from time to time by the City Council.
   (C)   No license issued under this chapter shall be transferable.
   (D)   All licenses issued under this chapter shall expire 90 days after the date of issuance thereof.
Penalty, see § 111.99
§ 111.03 APPLICATION PROCEDURE.
   (A)   All applicants for licenses required by this chapter shall file an application with the City Clerk/Treasurer. This application shall be signed by the applicant if an individual, by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:
      (1)   The name and address of the applicant;
      (2)   (a)   The name of the individual having management authority or supervision of the applicant’s business during the time that it is proposed to be carried on in the city;
         (b)   The local address of the individual;
         (c)   The permanent address of the individual; and
         (d)   The capacity in which the individual will act.
      (3)   The name and address of the person, if any, for whose purpose the business will be carried on and, if a corporation, the state of incorporation;
      (4)   The time period or periods during which it is proposed to carry on applicant’s business;
      (5)   (a)   The nature, character and quality of the goods or services to be offered for sale or delivered;
         (b)   If goods, their invoice value and whether they are to be sold by sample as well as from stock; and
         (c)   If goods, where and by whom the goods are manufactured or grown, and where the goods are at the time of application.
      (6)   The nature of the advertising proposed to be done for the business; and
      (7)   Whether or not the applicant, the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) above has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.
   (B)   Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:
      (1)   A description of the applicant; and
      (2)   A description of any vehicle proposed to be used in the business, including its registration number, if any.
   (C)   All applicants for licenses required by this chapter shall attach to their applications the following:
      (1)   If required by the city, copies of all printed advertising proposed to be used in connection with the applicant’s business; and
      (2)   If required by the city, credentials from the person, if any, for whom the applicant proposes to do business, authorizing the applicant to act as the representative.
   (D)   Applicants who propose to handle foodstuffs shall also attach to their applications, in addition to any attachments required under division (C) above, a statement from a licensed physician, dated not more than ten days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.
Penalty, see § 111.99
§ 111.04 STANDARDS FOR ISSUANCE.
   (A)   Upon receipt of an application, an investigation of the applicant’s business reputation and moral character shall be made.
   (B)   The application shall be approved unless the investigation discloses tangible evidence that the conduct of the applicant’s business would pose a substantial threat to the public health, safety, morals or general welfare. In particular, tangible evidence that the applicant has done or possesses any of the following will constitute valid reasons for disapproval of an application:
      (1)   Has been convicted of a crime of moral turpitude;
      (2)   Has made willful misstatements in the application;
      (3)   Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors and the like;
      (4)   Has committed prior fraudulent acts;
      (5)   Has a record of continual breaches of solicited contracts; or
      (6)   Has an unsatisfactory moral character.
§ 111.05 REVOCATION PROCEDURE.
   Any license or permit granted under this chapter may be revoked by the City Clerk/Treasurer after notice and hearing, pursuant to the standards in § 111.06. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. This notice shall be mailed to the licensee at his or her last known address, at least ten days prior to the date set for the hearing.
§ 111.06 STANDARDS FOR REVOCATION.
   A license granted under this chapter may be revoked for any of the following reasons:
   (A)   Any fraud or misrepresentation contained in the license application;
   (B)   Any fraud, misrepresentation or false statement made in connection with the business being conducted under the license;
   (C)   Any violation of this chapter;
   (D)   Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or
   (E)   Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals or general welfare of the public.
§ 111.07 APPEAL PROCEDURE.
   (A)   Any person aggrieved by a decision under §§ 111.04 or 111.06 shall have the right to appeal to the City Council. The appeal shall be taken by filing with the Council, within 14 days after notice of the decision has been mailed to the person’s last known address, a written statement setting forth the grounds for appeal. The Council shall set the time and place for a hearing, and notice for the hearing shall be given to the person in the same manner as provided in § 111.05.
   (B)   The order of the Council after the hearing shall be final.
§ 111.08 EXHIBITION OF IDENTIFICATION.
   (A)   Any license issued to an itinerant merchant under this chapter shall be posted conspicuously in or at the place named therein. In the event more than one place within the city shall used to conduct the business licensed, separate licenses shall be issued for each place.
   (B)   The City Clerk/Treasurer shall issue a license to each peddler or solicitor licensed under this chapter. The license shall contain the words “Licensed Peddler” or “Licensed Solicitor,” the expiration date of the license, and the number of the license. The license shall be kept with the licensee during the time that he or she is engaged in the business licensed.
Penalty, see § 111.99
§ 111.99 PENALTY.
   Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500. Each day’s violation shall constitute a separate offense.