CHAPTER 4
SOLICITORS, CANVASSERS, PEDDLERS AND ITINERANT MERCHANTS
SECTION:
3-4-1: Definitions
3-4-2: License Required
3-4-3: Application For License
3-4-4: Investigation And Issuance Of License
3-4-5: Fees
3-4-6: Licenses And Badges
3-4-7: Notice Of Revocation
3-4-8: Revocation After Hearing
3-4-9: Appeal
3-4-10: Additional Requirements
3-4-11: Exceptions
3-4-1: DEFINITIONS:
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
CANVASSER OR SOLICITOR: Any individual whether or not a resident of the town, traveling either by foot, wagon, motor vehicle or other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales; provided, that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel or motel room, lodging house, apartment, shop or any other place within the town for the sole purpose of exhibiting samples and taking orders for future delivery.
PEDDLER: Shall include any person, whether or not a resident of the town, traveling by foot, wagon, motor vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle, railroad car, or other vehicle or conveyance; and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include the words "hawker" and "huckster".
TRANSIENT MERCHANT, ITINERANT MERCHANT OR ITINERANT VENDOR: Any person, firm or corporation, whether as owner, agent, cosignee or employee, whether or not a resident of the town, who engages in a temporary business of selling and delivering goods, wares and merchandise within the town, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or any street, alley, or other place within the town, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. (1976 Code § 9-452; amd. 2001 Code)
3-4-2: LICENSE REQUIRED:
It shall be unlawful for:
   A.   Transient Merchant, Itinerant Merchant Or Vendor: A transient merchant, itinerant merchant or itinerant vendor to engage in such business without first obtaining a license therefor in compliance with the provisions of this chapter.
   B.   Peddler: Any person to engage in the business of peddler without first obtaining a license therefor as provided in this chapter.
   C.   Solicitor Or Canvasser: Any solicitor or canvasser to engage in such business without first obtaining a license therefor in compliance with the provisions of this chapter. (1976 Code § 9-451; amd. 2001 Code)
3-4-3: APPLICATION FOR LICENSE:
   A.   Required; Contents: Applicants for licenses under this chapter shall file a sworn application in writing signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation, or by an agent, including a state or regional agent, with the town clerk, which shall give the following information: (1976 Code § 9-453; amd. 2001 Code)
      1.   The name of the applicant and if the applicant is an employee or agent of a corporation, the name of the corporation.
      2.   The address of the applicant and if the applicant is an agent or employee of a corporation, the address of the corporation.
      3.   A brief description of the nature of the business and the goods to be sold and from whom or where the applicant obtains the goods to be sold.
      4.   If the applicant is employed by or an agent of another person, the name and permanent address of such other person.
      5.   The length of time for which the applicant desires to engage in business within the town.
      6.   The places within the town where the applicant proposes to carry on his or her business.
      7.   A list of the other municipalities in which the applicant has engaged in business within the six (6) month period preceding the date of the application.
      8.   A photograph of the applicant, taken within six (6) months immediately prior to the date of filing the application, which photograph shall be two inches by two inches (2" x 2"), showing the head and shoulders of the applicant in a clear and distinguishing manner.
      9.   A statement as to whether or not the applicant, or any of his employers, have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
      10.   If the applicant desires to sell fresh vegetables, fruits, meats or other foodstuffs, a statement by a reputable physician of the state, dated not more than ten (10) days prior to submission of the application, certifying the applicant to be free of infectious, contagious or communicable diseases.
      11.   If the applicant is employed by another person, documents showing that the person for whom the applicant proposes to do business is authorized to do business within the state. (1976 Code § 9-453)
   B.   Application Fee: At the time of filing the application, an application fee in such amount as established by resolution of the town council, which shall be deposited with the town clerk, is required. (1976 Code § 9-453; amd. 2001 Code)
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