Section
112.01 Purpose
112.02 Definitions
112.03 Registration permit required
112.04 Exemptions from chapter
112.05 Application
112.06 Investigation and issuance
112.07 Fees
112.08 Sales; restrictions
112.09 Registration permit; contents
112.10 Registration permit; to be carried and exhibited
112.11 Registration permit; to be posted
112.12 Registration permit; not transferable
112.13 Permittee; further requirements
112.14 Registration permit; revocation
112.15 Registration permit; appeal of denial, revocation
112.16 Registration permit; interstate commerce effect of chapter
112.17 Sales; police enforcement
112.99 Penalty
The purpose of this chapter is to prevent fraud and other crimes, to protect citizens of the city from undue invasions of privacy, from undue annoyance and harassment, and to maintain the health, safety, and welfare of residents of the city, by means of regulation of itinerant and transient merchants, peddlers, and solicitors.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT MERCHANT. Includes the terms "transient merchant, "transient vendor," and "itinerant vendor" and means any person, firm or corporation who or which shall engage in, do or
transact any temporary or transient business in the city, either in one locality or location or in traveling from place to place in the sale of goods, wares or merchandise, and who, for the purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car, boat or public room or any part thereof, including rooms in hotels, lodging houses, or houses of private entertainment, or any private or vacant lot or property for a period of less than one year, for the exhibition or sale of such goods, wares or merchandise. This definition shall include principals and their agents and employees, and persons forming partnerships. No person shall be exempt from the provisions of this chapter by reason of associating temporarily with any local dealer, trader or merchant, or by reason of conducting such temporary or transient business in connection with or as part of the business in the name of any local dealer, trader, merchant or auctioneer, unless the transient merchant is engaging in sales on property owned by and adjacent to a local merchant under the terms of an agreement whereby the local merchant is compensated for the use of his property according to a percentage of sales by the itinerant merchant.
PEDDLER. Any person who shall carry from place to place any goods, wares or merchandise and offer to sell or barter the same, or actually sell or barter the same. All such persons who do not keep a regular place of business, whether it be a house or a vacant lot or elsewhere, open at all times in regular business hours and at the same place, who shall offer for sale goods, wares and merchandise, shall be deemed peddlers under this chapter. All persons who keep a regular place of business, open at all times in regular business hours and at the same place, who shall, elsewhere than at such regular place of business, personally or through their agents, offer for sale or sell and, at the time of such offering for sale, deliver goods, wares and merchandise, shall also be deemed peddlers as above, but this Section shall not apply to those who sell or offer for sale in person, any item set forth in § 112.04. This chapter shall not include any peddler who sells to permitted dealers or retailers only, but shall apply to any person who solicits orders and, as a separate transaction, makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter.
SOLICITOR. Any person, whether a resident of the city or not, traveling by foot, wagon, motor vehicle or any other type of conveyance from house to house or from street to street, or operating from a fixed location on or near a street or house not owned by that person, taking or attempting to take orders for the sale of goods, wares or merchandise, subscriptions or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of such sale or whether he or she is collecting advance payments on such sale or not; or soliciting money or anything of value on behalf of himself or herself, or another, whether or not in exchange for goods, wares or merchandise.
(A) It is unlawful for any itinerant merchant, peddler, or solicitor, other than a solicitor doing business by appointment, to engage in any such business within the city without first obtaining and possessing a valid registration permit therefore in compliance with the provisions of this chapter. In addition to the permit required under this section, any person who shall sell edible products must also obtain the applicable food license or health permit under the provisions of state law. No permit shall be issued by the city without such proof being presented at the time application is made to the City Clerk for an itinerant merchant, peddler or solicitor permit.
(B) A permit issued under this chapter shall not be used or represented in any manner as an endorsement by the city or by any department, officer or employee thereof.
Penalty, see § 112.99
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