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(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)
(A) No solicitor, peddler or transient seller shall:
(1) Sell from any location within the town limits without a valid transient sales permit;
(2) Carry on his or her business upon any street, alley, sidewalk, park or any other public place unless specified on the permit that such business activity in such public place be permitted thereunder;
(3) Park or stand his or her sales stand, wagon, automobile or other vehicle upon any sidewalk or sidewalk area, street, alley, highway or public thoroughfare so as to obstruct free travel thereon;
(4) Enter into a sale with any individual under the age of 18 unless provided for in the permit;
(5) Enter into any sale with any individual who appears to be intoxicated or under the influence of drugs;
(6) Knowingly provide any inaccurate, false or misleading information with respect to required records of any transactions conducted by the permit holder;
(7) Enter into any private residence or premises in conjunction with transient sale business without having first been invited or requested by the owner or occupant of such residence or premises; and
(8) Approaching any location posted with “no solicitors” signage.
(B) Any of the above described prohibited activity committed by solicitors, peddlers or transient sellers shall be declared as a violation of this section and shall be deemed to be a public nuisance.
(Prior Code, § 710.6) (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
Transient sales permit holders and sales representatives are required to exhibit their permit at the request of any town officer or citizen. In addition, any transient sales permit holder(s) or sales representatives are required to exhibit their driver’s licenses or other state or military issued identification upon the request of any town officer or employee.
(Prior Code, § 710.7) (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
The Town Clerk shall maintain a record of all permits issued pursuant to the provisions of this chapter and all permit fees shall be paid into the General Fund of the town.
(Prior Code, § 710.8) (Ord. 176, passed 11-3-1960; Ord. 196, passed 9-1-1966; Ord. 411, passed 1-2-1997; Ord. 554, passed 6-7-2012)
It shall be the duty of the town’s Police Department to enforce the provisions of this chapter as to any solicitor, peddler or transient seller found to be engaged in business without a valid transient sales permit or in violation of any other provision of this chapter.
(Prior Code, § 710.9) (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 the conviction of any person or persons charged with a violation of this chapter or any provisions thereof, such person or persons shall be guilty of a petty offense and shall be subject to a fine as imposed by § 91.999 of this code of ordinances.
(Prior Code, § 710.10) (Ord. 176, passed 11-3-1960; Ord. 196, passed 9-1-1966; Ord. 411, passed 1-2-1997; Ord. 554, passed 6-7-2012)