Section:
5.56.010 Definitions.
5.56.020 License required.
5.56.025 Solicitor license required.
5.56.030 Application-Contents.
5.56.040 Investigation-Issuance.
5.56.050 Bond required.
5.56.060 Nomination of city manager as lawful agent.
5.56.070 License-Issuance.
5.56.080 Recordkeeping.
5.56.090 Fees.
5.56.100 License-Nontransferability.
5.56.110 License-Expiration.
5.56.120 License-Posting required.
5.56.125 Prohibited acts.
5.56.130 Advertising restrictions-Sound devices prohibited.
5.56.140 License-Revocation.
5.56.150 Revocation-Hearing-Notice.
5.56.160 Appeals.
5.56.170 Exemptions.
5.56.175 Exceptions-Solicitors.
5.56.180 Enforcement.
5.56.190 Violation-Penalty.
For the purpose of this chapter, the following words and terms are defined:
"Group exhibit" means an association of five or more itinerant vendors under the auspices of a promoter, which association is formed for the purpose of simultaneously conducting the business of the itinerant vendors upon a common site or premises.
"Promoter" means the person responsible for conducting a group exhibit.
“Solicitor” means a person who goes from door to door visiting single-family or multi-family dwellings and businesses, or who is on the streets and parking lots of the city for the purpose of taking or attempting to take orders for the sale of goods, wares, merchandise, services, subscriptions, or personal property of any nature. A solicitor may travel by foot, automobile, or any other type of conveyance. Solicitors may not travel door-to-door by commercial vehicle or semi-truck in any residential zone within the city.
"Temporary" means any such business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease of premises for at least thirty days in or upon which such business is to be operated or conducted.
"Transient" means such business of any itinerant vendor as may be operated or conducted by persons or by their agents or employees who have their headquarters in places other than the city, or who move stocks of goods or merchandise or samples thereof into the city with the purpose or intention of removing them or the unsold portion thereof away from the city before the expiration of thirty days.
"Transient merchant," "itinerant merchant," or "itinerant vendor" means any person, whether as owner, agent, consignee or employee and whether a resident of the city or not, who engages in a temporary or transient business of selling, offering for sale, delivering or offering to deliver goods, wares and merchandise, or exhibiting the same for sale, or exhibiting the same for the purpose of taking orders for the sale thereof within the city, and who, for the purpose of taking orders for the sale thereof and who for the purpose of carrying on such business or conducting such exhibits either hires, rents, leases or occupies any building, structure, motor vehicle, tent, railroad box car, or enclosure in the city, or any room or space therein, or any other place whether enclosed or not including space upon any street, alley or other place within the city for the exhibition and sale of such goods, wares, merchandise, either privately or at public auction. (Ord. 516, 2013; Ord. 314 Exh. A (part), 1982: prior code § 24-2-1)
It is unlawful for a transient merchant, itinerant merchant or itinerant vendor to sell or offer for sale, exhibit for sale or exhibit for the purpose of taking orders for the sale thereof, any goods or merchandise in the city, without first obtaining a license therefor from the city. A person which falls within the definition of an itinerant vendor, as defined in this chapter, shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with a local dealer, trader, merchant or other person. (Ord. 314 Exh. A (part), 1982: prior code § 24-2-2)
All persons, before entering into or upon a residential or business premises or the streets and parking lots within the city for the purpose of soliciting, shall make application with the city clerk and furnish the following information:
A. The name, local and permanent addresses, social security number, driver’s license number, age, race, weight, color of hair and eyes and any other distinguishing physical characteristics of the applicant.
B. The names, addresses and telephone numbers of persons or the officers, directors or registered agents for services of the organization, group, association, partnership or corporation who is the employer of or entity represented by the applicant.
C. The nature of goods, wares, merchandise, services, subscriptions, or personal property for which solicitations will be made.
D. Two one-inch by two-inch photographs of the applicant, taken within sixty days immediately prior to the date of the filing of the application, showing the head and shoulders of the applicant in a clear and distinguishing manner.
E. The fingerprints of the applicant which will be taken and kept on file at the Lovington Police Department.
F. Completion of a statement as to whether or not the applicant has been convicted by any crime, misdemeanor, or violation of any municipal ordinance in the preceding five years, the nature of the offense and the punishment or penalty assessed therefor. (Ord. 516, 2013)
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