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(a) As used in this chapter, "peddler" means any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for 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; provided, that this definition shall not apply to persons selling by sample only nor to any agricultural articles or products offered for sale by the producer. Exceptions to this definition of the term "peddler" are the following:
(1) A person making delivery of goods, wares or merchandise theretofore sold by an establishment having a permanent place of business.
(2) A person making sales of the following items of daily household consumption:
A. Baked goods;
B. Fruit and vegetables;
C. Dairy products.
(b) This chapter is inapplicable to individuals who are exercising their right of free speech in the areas of organized or unorganized religion; political advocacy; appeals for charitable contributions; or other forms of protected speech.
(Ord. 2024-9. Passed 4-23-24.)
No peddler shall engage in business within the City limits without first obtaining a license therefor in compliance with the provisions of this chapter. Recognized charitable, civic, religious and philanthropic organizations, and agents or persons employed thereby, are not required to obtain a license.
(Ord. 2024-9. Passed 4-23-24.)
Application for a license shall be made to the City Manager, or his authorized designee, on application forms furnished by the City. Each application shall contain the following information, and such other information the City may deem necessary:
(a) The name, address and telephone number of the corporation or firm which the applicant proposes to represent, and the name, telephone number and email of the person in direct supervision of the solicitor(s).
(b) The name(s), address(es), telephone number(s) and email address(es) of the person(s) who shall solicit within the City.
(c) A copy of a valid photo ID provided by each solicitor.
(d) The make, model and license plate number of the vehicle(s) that solicitors will be using when soliciting within the City.
(e) Disclosure from each solicitor of having been convicted of a crime, misdemeanor, or the violation of any municipal ordinance, the nature of the offense, and the punishment assessed therefor.
(f) Consent for the City to perform a search of any outstanding warrants and/or a criminal background check.
(g) A brief description of the nature of the business and the kinds of goods, services or property to be solicited or offered for sale.
(h) A Certificate of Liability Insurance demonstrating a minimum combined bodily and property damage coverage in the amount of three hundred thousand dollars ($300,000) and naming the City as an additional insured. Liability insurance shall be maintained in full force and effect without interruption, and a copy of any policy changes, including renewal, must be forwarded to the City throughout the term of the registration.
(Ord. 2024-9. Passed 4-23-24.)
A nonrefundable license fee of fifty dollars ($50.00) shall be paid upon application for a solicitor's license. If a solicitor's license is granted by the City, an additional fee of ten dollars ($10.00) shall be paid for each person other the applicant who shall solicit within the City under the authority of such solicitor's license.
(Ord. 2024-9. Passed 4-23-24.)
All business done under a license issued by virtue of this chapter shall be conducted between regular business hours of any given day of the week. This section shall not prohibit any licensee under this chapter from conducting business during non-business hours when calling at the residence of a customer by appointment.
(Ord. 2024-9. Passed 4-23-24.)
No license shall be in any manner assignable or transferable, nor shall any licensee authorize any person other than the one named therein to do business, nor shall a licensee conduct any other business than is named therein to be transacted.
(Ord. 2024-9. Passed 4-23-24.)
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