CHAPTER 113: PEDDLERS AND SOLICITORS

Section

   113.01   Definitions and interpretation

   113.02   Exceptions to definitions

   113.03   Permitting

   113.04   Fees

   113.05   Procedure

   113.06   Duration

   113.07   Permit exemptions

   113.08   Ineligibility for permit

   113.09   Suspension and revocation

   113.10   Notice of revocation or suspension

   113.11   Public hearing

   113.12   Emergency

   113.13   Appeals

   113.14   Transferability

   113.15   Registration

   113.16   Prohibited activities

   113.17   Exclusion by placard

   113.18   Effective date

   113.99   Penalty

§ 113.01 DEFINITIONS AND INTERPRETATIONS.

   Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   PEDDLER. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. PEDDLER shall mean the same as the term “hawker.”

   PERSON. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee.

   REGULAR BUSINESS DAY. Any day during which the City Hall is normally open for the purpose of conducting public business. Holidays, defined by state law, shall not be counted as REGULAR BUSINESS DAYS.

   SOLICITOR. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term "canvasser."

   TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, tent, other portable shelter or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location permanently.

(Ord. 113, passed 6-9-14; Am. Ord. 113B, passed 6-9-14)

§ 113.02 EXEMPTIONS TO DEFINITIONS.

   (A)   For the purpose of the requirements of this chapter the terms PEDDLER, SOLICITOR, and TRANSIENT MERCHANT shall not apply to:

      (1)   Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler;

      (2)   The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route;

      (3)   Garage sales. A garage sale in residentially zoned districts of the city can only be held for three consecutive days. No more than six garage sales can be held at any one location during any 12 month period.

      (4)   Anyone conducting an auction as a properly permitted auctioneer, or any officer of the court conducting a court ordered sale or persons selling goods or wares related to the main business at the location; and

      (5)   Any person participating in a sponsored event in town, so long as the person has registered with the event sponsor as an approved vendor.

   (B)   Exemption from the definitions for the scope of this chapter shall not excuse any persons from complying with any other applicable statutory provision or local ordinance.

(Ord. 113, passed 6-9-14; Am. Ord. 113B, passed 6-9-14)