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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)
(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)
(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)
(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.
(Ord. 95-04, passed 9-5-1995)
(A) (1) Upon receipt of each application, it shall be referred to a deputy sheriff, who shall immediately institute such investigation of the applicant’s business and moral character as he or she deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section within 30 days after it has been filed by the applicant with the City Recorder.
(2) If, as a result of such investigation, the applicant’s character and business responsibility is found to be unsatisfactory, a Deputy Sheriff shall endorse on such application his or her disapproval and his or her reasons for the same, and return the said application to the City Recorder, who shall notify the applicant that his or her application is disapproved and no license will be issued.
(3) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Deputy Sheriff shall endorse on the application his or her approval and return the application the City Recorder who shall, upon payment of the prescribed license fee, deliver to the applicant his or her license. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such licensed business. Each peddler, canvasser or solicitor or transient merchant must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. The Recorder shall keep a permanent record of all licenses issued.
(B) (1) The license fees shall be established by the Council by resolution and may, in like manner, be amended or altered from time to time:
(a) Less than $50 investment: exempt from fee;
(b) Peddlers, canvassers, solicitors: an annual fee from date of issuance in the amount of $110 shall be charged and payable to the city for all applicants; and
(c) Transient merchants:
1. Commercial food concessionaires who wish to set up a business under this chapter: an annual fee from date of issuance in the amount of $210 shall be charged and payable to the city for all applicants; and
2. All other concessionaires who wish to set up a business under this chapter: an annual fee from date of issuance in the amount of $110 shall be charged and payable to the city for all applicants.
(2) The Council may prescribe separate fees for an applicant who owns property within the county which is on the tax rolls of the county who is an agent or representative of a person, firm or corporation who owns property located within the county and which is on the tax rolls of the county.
(3) The Council may prescribe separate fees for an applicant who does not own property described in division (B)(2) above or who does not act as a agent or representative for any person, firm or corporation owning property as described in division (B)(2) above and separate fees for such a person who makes sales upon any street or within the street area with or without the use of any vehicle.
(4) None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he or she may apply to the City Council for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his or her method of business and the gross volume of business and such other information as the City Council may deem necessary in order to determine the extent, if any, of undue burden on such commerce. The City Council shall then conduct and investigation comparing the applicant’s business with other businesses of like nature and shall make findings of fact from which it shall determine whether the fee fixed by this chapter is unfair, unreasonable of discriminatory as to the applicant’s business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and non-discriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Recorder shall have the power to use any method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as established by the Council.
(5) Where the employer takes out the license or permit, he or she shall pay a fee equal to one-half the fee that would be required for the same number of persons under the above provisions of this chapter; provided that, fee shall not be less than $10.
(Ord. 95-04, passed 9-5-1995)
No licensee 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 such operation might impede or inconvenience the public use of such streets. For the purpose of this chapter, the judgment of a Deputy Sheriff or peace officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
(Ord. 95-04, passed 9-5-1995)
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