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A license issued under this chapter shall continue and be in force for a period not to exceed seven consecutive days for the sale of goods or merchandise between the hours of 8:00 a.m. and 8:00 p.m., which license shall expire at 8:00 p.m. on the seventh day. The fee required shall not be prorated or refunded. (Ord. 508, 2013; Ord. 314 Exh. A (part), 1982: prior code § 24-2-14)
A. Transient or itinerant merchants and vendors issued a license under this chapter shall have their license prominently displayed in a conspicuous place on the premises where all sales exhibits are being conducted and shall remain so displayed so long as all merchandise is being sold in exhibit. Separate license shall be obtained for each place of business and shall be prominently displayed in each business location.
B. Solicitors issued a license under this chapter shall carry his or her license with him or her at all times while engaged in soliciting and shall display the same to any person who demands to see such license while he or she is so engaged. (Ord. 516, 2013; Ord. 314 Exh. A (part), 1982: prior code § 24-2-8)
It is unlawful for any person to:
A. Enter into or upon a residential or business premises or the streets and parking lots within the city under false pretenses to sell any goods, wares, merchandise or services, or to solicit for any purpose;
B. Remain in or on any residential or business premises after having been requested to leave by the owner or occupant thereof;
C. Enter upon an residential or business premises to solicit, when the owner or occupant has displayed a “No Soliciting” or “No Solicitors” sign on such premises;
D. Engage in the practice of soliciting in the city without a license or operating as a transient or itinerant merchant or vendor without a license required by this chapter; and
E. Use or possess an altered, forged or fictitious solicitor or transient or itinerant merchant or vendor license. (Ord. 516, 2013)
No licensee under this chapter nor anyone in his behalf shall shout, make an outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. (Ord. 314 Exh. A (part), 1982: prior code § 24-2-16)
The licenses issued pursuant to this chapter may be revoked by the City Clerk after notice and hearing for any of the following:
A. Any fraud, misrepresentation or false statement contained in the application for the license;
B. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;
C. Any violation of this chapter;
D. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
E. Conducting the business licensed under this chapter in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public. (Ord. 516, 2013; Ord. 314 Exh. A (part), 1982: prior code § 24-2-11)
Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing. (Ord. 314 Exh. A (part), 1982: prior code § 24-2-12)
Any person aggrieved by the decision of the city clerk in regard to the denial of the application for a license as provided in Section 5.56.040 or in connection with the revocation of a license as provided for in Section 5.56.140, shall have the right to appeal to the city commission. Such appeal shall be taken by filing with the commission within fourteen days after notice of the decision by the city clerk has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The city commission shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 5.56.150 for notice of hearing on revocation. The order of the city commission on such appeal shall be final. (Ord. 516, 2013; Amended during 1992 codification: Ord. 314 Exh. A (part), 1982: prior code § 24-2-13)
The chapter shall not be applicable to:
A. Ordinary commercial travelers who sell or exhibit for sale goods or merchandise to parties engaged in the business of buying, selling or utilizing such goods or merchandise;
B. Vendors of farm produce, poultry, stock or agricultural products in their natural state, including Christmas trees;
C. Sale of goods or merchandise donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose;
D. Sale of arts or crafts by the artist or craftsman who created the same; and
E. Garage sales conducted at a residence by the permanent owner or occupant thereof. (Ord. 314 Exh. A (part), 1982: prior code § 24-2-18)
The provisions of this chapter shall not apply to solicitors:
A. Who visit any residence or business at the request or invitation of the owner or occupant thereof;
B. Who are unpaid members of any civic or charitable organization who have an approved means of identification provided by such organization or who upon request can provide identification of the relationship with the civic or charitable organization;
C. Who are route delivery persons who make deliveries at least once per week to regular customers and whose solicitation is incidental only to their regular deliveries and permanent local business entities who periodic solicitations are incidental to their regular business activities. (Ord. 516, 2013)
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