(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
RETAIL PEDDLER.
Any person, either for himself, herself or as agent or solicitor for another person, who shall go about within the corporate limits of the city, from house to house, from place to place, or from customer to customer, and sell or offer to sell goods, wares or merchandise or vegetables, fruits or perishable farm products, by sale at retail and by delivery of the same to be made at the time and place of sale, or at any other place within the corporate limits of the city, or who shall occupy any stand for said purpose of sale on any public street, corner, sidewalk or other public property within the city. Provided, however, that the provision of this definition shall not be construed to apply to any person selling such goods, wares and merchandise of any description, or vegetables, fruits or perishable farm products, raised, produced, or manufactured by the individual undertaking to peddle the same; nor to newsboys peddling newspapers within the city.
SALE AT RETAIL.
Any sales to consumers and not to dealers and not for purposes of resale, either in the form in which purchased, or any prepared or manufactured form.
SALE AT WHOLESALE.
Sales to dealers, or persons, for the purpose of resale, either in the form in which purchased or any prepared or manufactured form.
WHOLESALE TRANSIENT VENDOR.
Any peddler, hawker, huckster, itinerant or casual vendors whether the same be persons, firms or corporations, who or which do not maintain within the city a bona fide place of business or establishment and there carry on their business in a generally permanent and continuous manner, throughout the year as compared with the manner in which like businesses engaged in the sale of like products are now generally carried on and conducted by persons, firms and corporations at established places of business within the city; and who or which go about within the city, from place to place, from store to store, or from market to market, and sell or offer to sell their goods, wares or merchandise, or vegetables, fruits or perishable farm products, by sale at wholesale and by wholesale delivery to be made at the time and place of said sale or at any other place within the city, or who or which shall occupy any stand for said purpose of sale and delivery on any public, street, corner, sidewalk or other public property within the city.
(B) It shall be unlawful for any person firm or corporation, either as principal or agent, to engage in the business of retail peddler or wholesale transient peddler, in the city, without haying first obtained a license according to the classification of licenses issuable hereunder and in the manner hereinafter provided.
(C) The Mayor of the city shall, on the application for a retail peddler's or wholesaler transient peddler's license, issue such license to any such person or applicant authorizing him or her to peddle within the corporate limits of the city for the period therein applied for, on the payment of the said applicant of the following license fee:
(1) Where the applicant applies for a retail peddler's license and desires to carry his or her own goods for purposes of sale hereunder, for one day the license fee shall be $3; for one week, $15; for one month, $30 and for any period exceeding one month and not beyond the municipal fiscal year, $50.
(2) Where the applicant desires to peddle any merchandise by sale at retail within the meaning of this section with a horse, truck or vehicle of any nature, for one day the license fee shall be $5; for one week, $15; for one month, $25; and for any period exceeding one month and not beyond the municipal fiscal year, $50.
(3) Any applicant desiring to peddle under the meaning of this section by sale at retail, who shall occupy for such purpose any stand, tent or structure, on the public street, corner, sidewalk or other public property within the corporate limits of the city, shall pay a license fee as follows: $20 for the first week, $15 for the second week, and $10 for each succeeding week thereafter. After ten weeks no further license fee shall be required.
(4) Any applicant desiring to obtain a license, as a wholesale transient peddler within the meaning of the provisions of this section shall pay a license fee of $100.
(D) No license fee shall be required from any ex-soldier, sailor or marine; nor from any farmer peddling or selling the products of his or her own farm; nor from any other person from whom the city is prohibited by state or federal law from requiring a license fee.
(E) The Mayor may grant permission temporarily to any deserving poor or unfortunate citizen to peddle free or upon such terms as may be agreed upon, but in any event said permit issued by the Mayor shall not be for a period exceeding 30 days.
(Ord. 1612, passed 5-6-2003) Penalty, see § 115.99