(A) As used in this section, the term TRANSIENT MERCHANT shall mean any person, individual, co-partnership and corporation both as principal and agent who engage in, do or transact any temporary or transient business in this state either in one locality or in traveling from place to place in this state selling goods, wares and merchandise; and who for the purpose of carrying on the business, hire, lease, occupy or use a building, structure or vacant lot or railroad car for the exhibition and sale of the goods, wares and merchandise.
(B) It shall be unlawful for any transient merchant to do or transact any business within the city without first procuring a license from the City Council and paying the license fee hereinafter described.
(C) Any transient merchant desiring to transact business within the city shall make application to the City Clerk for a license to do so, in which application he or she shall specify the nature of his or her business and the location thereof and the length of time he or she desires to continue the business and shall pay a license fee in the amount as the City Council may determine from time to time by resolution; and upon presentation to the City Clerk of the license fee covering the period specified in this application, the City Clerk shall issue a license to the applicant; provided, that in addition to the payment of the license fee, the applicant for the license shall give bond to the city in the amount as the City Council determines from time to time by resolution which shall be approved by the City Attorney as to form and legality, and which shall be conditioned on the licensee conforming to all of the laws of the state or of the city relating to transient merchants and further conditioned on full compliance with all material oral or written statements and representations made by the transient merchant, his or her sellers, agents representatives or auctioneers with reference to merchandise sold or offered for sale and on faithful performance under all warranties made with reference thereto.
(D) This section shall not apply to any sale under court order, nor to any bona fide auction sale, nor to newsboys, nor to a sale at wholesale to a retail dealer in the articles sold, nor to the sale of farm or garden products by the person producing the same, which production shall be proven by the vendor, nor sales or admissions by local school students to a school function. Nor shall this section apply to solicitations for philanthropic, religious and educational charitable causes if the following procedure has been accomplished:
(1) Sworn application has been made to the city showing the name of organization, its purpose, its officers and directors, period of solicitation and solicitor’s form of remuneration; and
(2) The city has investigated and found the statements true and for charitable purpose and therefore issued a permit without charge.
(1973 Code, § 15-20) (Ord. 338, passed 4-11-1977; Ord. 391, passed 7-27-1987) Penalty, see § 10.99