§ 111.02 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CANVASSER or SOLICITOR. Any person, whether a resident of the city or not, who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, which includes magazines, books, periodicals or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he or she is collecting advance payments on such orders. Such definition shall include any person who, for himself or herself, or for another person, firm or corporation, hires, leases uses or occupies any building, motor vehicle, trailer, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery from persons other than dealers in such articles.

   FLEA MARKET. An assembly of transient merchants convened under the sponsorship of a person or organization to offer a variety of goods or services for sale to the public in an indoor or outdoor bazaar.

   PEDDLER.

      (1)   Any person, whether a resident of the city or not, traveling by foot, wagon, automotive 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, automotive vehicle, trailer, railroad car or other vehicle of conveyance, and it is further provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers as a 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.

      (2)   The word PEDDLER shall include the words HAWKER and HUCKSTER.

      (3)   It shall not include vendors of milk, bakery products, groceries or ice who distribute their products to regular customers on established routes at wholesale for the purpose of resale.

   PERSON. Includes the singular and the plural and shall also mean and include any person, firm, corporation, association, club, co-partnership, society or any other organization.

   TRANSIENT MERCHANT. Any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said city, and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad box car, boat or public room in hotels, lodging houses, apartments or shops, or any street, alley or other place within the city for the exhibition and sale of such goods, wares and merchandise, either privately or at a public auction; provided that, such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only from dealers in such articles. The persons or 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.

(Ord. 95-04, passed 9-5-1995)

§ 111.03 EXCEPTIONS TO APPLICATION OF CHAPTER.

   The terms of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys, nor to the act of resident merchants or their employees in delivering such goods and performing services in a regular course of business, nor shall the terms of this chapter be held to include or apply to any producer or his or her employee selling agricultural or farm products produced from the soil of the county by said producer or his or her employee, nor shall the same apply to the selling of nursery products by the producer thereof from the soil of the county. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by order of any court or to prevent any person conducting a bona fide auction sale pursuant to law. The licensing provisions of this chapter shall not apply to a transient merchant engaged in the sale of goods or services at flea market licensed under the provisions of § 111.06 of this chapter.

(Ord. 95-04, passed 9-5-1995)

§ 111.04 LICENSE APPLICATIONS.

   (A)   Applicants for a license under this chapter must file with the City Recorder a sworn application in writing on a form to be furnished by the City Recorder which shall give the following information:

      (1)   Name and physical description of applicant;

      (2)   Complete permanent home 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 or services 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)   The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said applications are filed, and the proposed method of delivery;

      (7)   Two recent photographs of the applicant which pictures shall be approximately two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

      (8)   The names of at least two property owners of the county, who will certify as to the applicant’s good character and business respectability or in lieu of the names of references such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;

      (9)   A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor; and

      (10)   The last cities or towns, not to exceed three, where applicant carried on business immediately preceding date of application and the addresses, if any, from which such business was conducted in those municipalities.

   (B)   At the time of filing the application, a fee of $5 shall be paid to the City Recorder to cover the cost of investigation of the facts stated therein.

   (C)   In lieu of an application being filed by each person, the employer of several persons may file applications for such permits for all persons employed by him or her and, upon satisfactory proof being furnished of the matters herein before set forth, such licenses or permits shall be issued to the employer for such number of persons as shall be named in the application, and such application shall set forth the names of all persons to be covered by such license; provided, however, that, the employer may make substitutions and may have the City Recorder transfer such permits or licenses from one person employed by him or her to another so employed without paying any additional fee upon furnishing the above information as to each individual in his or her employ.

   (D)   An applicant must have a tax identification number.

(Ord. 95-04, passed 9-5-1995)

§ 111.05 RELIGIOUS AND CHARITABLE ORGANIZATIONS; EXEMPTION.

   (A)   Any organization, society, association or corporation desiring to solicit or have solicited in its name, money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization upon the streets, in office of business buildings, by house to house canvass, or in public places for a charitable, religious, educational or philanthropic purpose shall be exempt from the provision of §§ 111.04, 111.07(B) and 111.08 of this chapter; provided, there is filed a sworn application in writing on a form to be furnished by the City Recorder which shall give the following information:

      (1)   Name and purpose of the cause for which permit is sought;

      (2)   Names and addresses of the officers and directors of the organization, together with a tax-exempt I.D. number;

      (3)   Period during which solicitation is to be carried on; and

      (4)   Whether or not any commissions, fees, wages or emoluments are to be expended in connection therewith.

   (B)   Upon being satisfied that such organization, society, association or corporation is a religious, charitable, patriotic, educational or philanthropic organization, the City Recorder shall issue a permit without charge to such organization, association, society, or corporation to solicit in the city. Such organization, association, society or corporation shall furnish all of its members, agents or representatives conducting solicitation credentials in writing stating the name of the organization, name of agent and purpose of solicitation.

(Ord. 95-04, passed 9-5-1995)

§ 111.06 FLEA MARKETS.

   (A)   Any person or organization conducting a flea market upon public or private property with the city shall first obtain a license to do so. Application for a flea market license shall be made in the manner provided for a transient merchant license by § 111.04 of this chapter. The application shall be endorsed as application for a license to operate a flea market. The fee shall be for each stand or merchant.

   (B)   Any person or organization licensed to conduct a flea market shall comply with all of the terms of this chapter pertaining to transient merchants. In addition, the licensee shall maintain a record, which contains the following information each person offering goods or services for sale at the licensed flea market:

      (1)   The name of the person offering goods for sale;

      (2)   The complete residence address of the person offering goods for sale;

      (3)   A general description of the goods or services offered for sale;

      (4)   The source of the goods offered for sale; and

      (5)   The birth date or vehicle operator’s license number of the person offering goods or services for sale.

   (C)   Records maintained under division (B) above shall be exhibited to any law enforcement officer upon demand and without the requirement for a search warrant.

   (D)   The premises upon which any market is conducted shall be open to inspection by Fire Department personnel and law enforcement officers at all times the market is in operation without the requirement for a search warrant.

   (E)   Application and the licensing fees for organizations granted an exemption from licensing by § 111.05 of this chapter may be waived by the City Recorder, in the same manner as provided by § 111.05 of this chapter.

(Ord. 95-04, passed 9-5-1995)