Section
112.001 Permit required
112.002 Definitions
112.003 Exemptions
112.004 Permit; application; fees; approval or denial
112.005 Verification of information; background check of applicant
112.006 Conduct of business; prohibited acts; nuisance
112.007 Exhibition of permit
112.008 Record of sales permits
112.009 Enforcement
112.999 Penalty
(A) It is unlawful for any person to solicit, peddle or otherwise engage in transient sales of goods, wares, merchandise, products or personal property, as defined in § 112.002 of this chapter, within the town limits without first procuring a permit as provided in this section.
(B) It is unlawful to sell goods, wares, merchandise, chattels or personal property of any kind whatsoever at public auction or by hawking or peddling the same within the town limits unless such person shall be first procured a permit therefor, as hereinafter provided.
(C) It is unlawful to operate for gain or hire within the town limits any striking machine, ring game, ball and puppet game, cane rack, knife board or other similar game or devise typically associated with carnival or fair type activities unless such person shall have first procured a permit therefor, as hereinafter provided.
(Prior Code, § 710.1) (Ord. 176, passed 11-3-1960; Ord. 196, passed 9-1-1966; Ord. 411, passed 1-2-1997; Ord. 554, passed 6-7-2012) Penalty, see § 112.999
For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.
PEDDLER. Any person who travels from place to place by any type of conveyance, carrying his or her goods, wares, and merchandise with him or her, offering and exhibiting such goods, wares and merchandise for sale; or any person who, without traveling from place to place, sells or offers the same for sale from any type of vehicle or conveyance. A PEDDLER generally offers for sale, consummates the sale and delivers the goods at one and the same time to the ultimate purchaser or consumer. Any person who solicits, orders and as a separate transaction, makes deliveries to the purchaser as part of a scheme or design to evade the provisions of this definition shall be deemed to be PEDDLING and shall be subject to the provisions of this chapter.
SOLICITOR. Any person who travels from place to place within the town boundaries by any type of conveyance taking or attempting to take orders for the sale of goods, wares and merchandise, personal property or services of any kind whatsoever for future delivery, whether or not such person has, carries or exposes for sale a sample of the subject of such sale, or whether or not he or she is collecting advance payment on such sales.
TRANSIENT SELLER. Any person, either as principal or agent, who engages in a business of selling and delivering goods, wares and merchandise or services from a temporary fixed location within the town, and who, in the furtherance of such purpose hires, leases, uses or occupies any building, structure, room, apartment, lot, parking lot, street, sidewalk or other place, whether public or private, within the town, for the exhibition and sale of such goods, wares and merchandise, either privately or at an auction. Any person who engages in TRANSIENT SELLING shall not be relieved from complying with the provisions of this chapter by reason of associating himself or herself with any established local dealer, trader, merchant or auctioneer, or by conducting transient selling in connection with as part of, or in the name of, any established local dealer, trader, merchant or auctioneer, or by conducting transient selling in connection with, as part of, or in the name of any established local dealer, trader, merchant or auctioneer. If the conduct of any person falls within the definitions of both “peddler” and TRANSIENT SELLING, as contained in this chapter, he or she shall be deemed to be transient selling for the purposes of this chapter.
(Prior Code, § 710.2) (Ord. 176, passed 11-3-1960; Ord. 196, passed 9-1-1966; Ord. 411, passed 1-2-1997; Ord. 554, passed 6-7-2012)
(A) Religious, local government, educational and charitable non-profit organizations shall be exempt from the provisions of this chapter. Charitable non-profit organizations exempt under this division (A) shall provide documentation of non-profit status to the Town Clerk before exemption is granted.
(B) Town resident yard and garage sales of less than two days in duration and less than seven days in any particular year shall be exempt from the provisions of this chapter.
(C) Vendors, merchants, exhibitors and salespersons who exhibit, demonstrate or solicit orders for goods, wares or merchandise in conjunction with a local government or public school sponsored event shall be exempt from the provisions of this chapter.
(D) Any art or crafts fair, show, exhibition of arts, crafts or similar handiwork, or town wide celebrations, observances or special events such as an annual sidewalk or parking lot sale, which includes more than five exhibitors or merchants, shall be exempt from this chapter; provided that, the event sponsor advise the Town Clerk of the name and address of the event sponsor, purpose and duration of the event, number of exhibitions or merchants taking part in the event and the location of the event.
(E) Any person who exhibits a privately owned vehicle for sale on private property or who temporarily parks a privately-owned vehicle on which a “for sale” sign is displayed shall be exempt from the provisions of this chapter.
(F) Wholesale and distributor representatives servicing existing businesses in the town or such representatives soliciting new business with existing businesses in the town shall be exempt from the provisions of this chapter.
(G) Vending machines, coin-operated amusement machines, signs and billboards shall be exempt from the provision of this chapter.
(H) Private sales made by telephone or mail appointment where the solicitor is invited to a private residence shall be exempt from the provisions of this chapter.
(Prior Code, § 710.3) (Ord. 176, passed 11-3-1960; Ord. 196, passed 9-1-1966; Ord. 411, passed 1-2-1997; Ord. 554, passed 6-7-2012)
(A) (1) Any person transacting any business or selling activity defined in this chapter shall first obtain from the Town Clerk a permit before engaging in any such selling or soliciting activities. This permit shall be referred to as a “transient sales permit”.
(2) Applicants must be at least 18 years of age. Each sales representative of the permitted business must have a copy of the permit on his or her person and a valid state or military issued identification.
(B) Persons requesting a transient sales permit shall provide a copy of a valid state sales tax license and the following information to the Town Clerk on an application furnished by the Town Clerk.
(1) Applicant’s name, date of birth, driver’s license or state or military identification number, home and business address and telephone numbers;
(2) Description and license numbers of vehicles used for the transient sales activity;
(3) Name, date of birth, driver’s license number and home address of each other sales representative operating under this permit;
(4) Name of business firm represented and parent company, if any, and a brief description of the nature of the business and goods being sold;
(5) Location(s) and/or method the applicant intends to use to conduct business (such as selling out of home or building, selling out of car/truck, concession stand or booth, or door-to-door sales and the like); and
(6) Length of time the applicant intends to be doing business under this permit.
(C) Permit fees shall be paid at the time of application and prior to issuance of the permit. Permits are non-transferable. The Town Clerk or designee may impose conditions on the approval of permits including, but not limited to, cleanup, sanitation or security measures. The fees to be paid for the issuance of permits shall be established by resolution of the Board as deemed appropriate from time to time and kept or posted in the office of the Town Clerk. The cost of the permits shall vary in amount as to the applicant’s need to have a permit issued for a day, for a season or for a year.
(D) The transient sales permit shall contain the permit number, the name of the applicant and his or her representatives, business name, description of the type of goods to be sold or business activity, location where sales will take place and/or method of sales, any special conditions, date of issuance and expiration and the Town Clerk’s signature.
(E) The Town Clerk may deny an application for a transient sales permit based on the wants or warrants record, misrepresentation, fraud, deceit or impropriety of the applicant or his or her representatives or other grounds that such transient business would not be in the best interest of the town or its citizens.
(F) The Police Chief may suspend or revoke a transient sales permit based on misrepresentation, fraud, deceit or impropriety of the applicant or his or her representatives or other grounds that such transient business would not be in the best interest of the town or its citizens and shall give the applicant or permit holder prompt notice.
(G) Any applicant may appeal a denial or revocation of a permit. The applicant may request a hearing before a neutral party appointed by the Mayor. If the applicant requests an appeal hearing, the Town Clerk shall provide written notice of the time and place of the hearing. Such notice shall be mailed postage prepaid by regular United States mail at least five days prior to the date set for hearing.
(Prior Code, § 710.4) (Ord. 176, passed 11-3-1960; Ord. 196, passed 9-1-1966; Ord. 411, passed 1-2-1997; Ord. 554, passed 6-7-2012)
Upon receipt of an application, the Town Clerk shall verify information on the application and provide a copy of the application to the town’s Police Department. The Police Department may conduct a wants or warrants check and provide the results to the Town Clerk.
(Prior Code, § 710.5) (Ord. 176, passed 11-3-1960; Ord. 196, passed 9-1-1966; Ord. 411, passed 1-2-1997; Ord. 554, passed 6-7-2012)
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