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(a) The permits issued pursuant to this chapter may be revoked at any time by the Responsible official, or their duly authorized representative, for any of the following causes:
(1) Any fraud, misrepresentation or false statement contained in the application for permit;
(2) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, merchandise or services;
(3) Any violation of this chapter;
(4) Conviction of the applicant or other persons acting under the authority of the applicant's permit of any felony or of a misdemeanor involving moral turpitude; or
(5) Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(b) Within three (3) working days of the revocation of a permit, the Responsible Official shall send notice to the person whose permit has been revoked, setting forth specifically the grounds of the revocation. Such notice shall be mailed to the person to whom the permit was issued at the address shown on the permit application.
(c) Any person aggrieved by a decision of the Responsible Officia1 in regard to the denial of a permit or the revocation of a permit shall have the right to appeal to the Board of Building and Zoning Appeals. Such appeal shall be submitted and heard according to the rules and procedures of the Board. Such appeal must be filed within ten (10) days of receipt of the written verification of such denial or revocation.
(1969 Code 110.09)
Every solicitor, except those exempted pursuant to Section 753.06, while engaged in soliciting within the City, shall have in his immediate possession the Solicitor's Permit and badge issued to him under the provisions of this chapter, and when so soliciting shall wear the badge in a prominent location on his outer clothing and display the permit upon demand of any duly authorized representative of the Responsible Official and upon demand of any person to whom he is soliciting.
A Temporary Business Permit issued under the provisions of this chapter shall be posted in a conspicuous manner at every place of temporary business.
(1969 Code 110.10)
No person shall engage in or operate any roadside stand or other temporary business at any place in the City during the period from 9:00 p.m. until 9:00 a.m., unless otherwise specified on the permit. No person shall engage in soliciting at any place in the City during the period from 7:00 p.m. until 9:00 a.m., unless otherwise specified on the permit.
(Ord. 10-O-21. Passed 4-6-10.)
It shall be unlawful for any person traveling about the City engaged in soliciting from a vehicle to:
(a) Operate a vehicle when under the age of eighteen (18) years.
(b) Operate a vehicle at a speed in excess of 15 miles per hour or more when cruising neighborhoods or attempting to make a sale.
(c) Make a U-turn on any street.
(d) Operate the vehicle backwards in making or attempting to make a sale.
(e) Double park or park in any manner contrary to any ordinance relating to parking when attempting to make or making a sale.
(f) Permit any person except an employee to hang on the vehicle or permit any person except an employee to ride in or on the vehicle.
(g) Refuse to remove the vehicle from any street or public place in the City upon the request of a police officer when, in the opinion of the police officer, said vehicle is causing traffic congestion.
(h) Make or attempt to make a sale within a public park, or within 500 feet of any school, school yard or school playground during the hours when such school is in regular or special session, or for a period of one-half hour after the closing of such school.
(i) Make or attempt to make a sale within 100 feet of an intersection.
(j) Make or attempt to make a sale to any person standing in a street of the City.
(k) Make or attempt to make a sale from a side of a vehicle not closest to the nearest curb or berm.
(l) Cry his wares in a loud voice or use any noise producing device other than a soft chime, and the limit of audibility of his voice or chime shall not be more than 200 feet from the source of such sound.
(m) Sell or offer for sale, food, candy confections, frozen desserts or beverages unless the operator of the vehicle, is at all times, accompanied by a responsible adult whose sole duty it shall be to keep a look out for, and protect the safety of, children and other persons attracted to or proceeding to or from the location of the vehicle. (1969 Code 110.12)
No person shall operate a place of temporary business which:
(a) Violates the provisions of the zoning code of the City which governs setbacks of merchandise displayed for sale and the district in which such activities can be conducted or from a tent or other similar temporary structure without first obtaining a Conditional Use Permit from the Municipal Planning Commission;
(b) Exhibits signs of any kind which are in violation of the provisions of the sign code of the City;
(c) In any manner adversely affects the public health, safety or welfare.
In authorizing such outside displays, the Responsible Official may attach such reasonable conditions as he deems necessary including, but not limited to, the length of time such display may be permitted, the portions of the property used for display, provisions for parking, provision for adequate ingress and egress, and the posting of a deposit not to exceed one hundred dollars ($100.00) to ensure compliance with City laws, including, but not limited to, the municipal income tax laws. (1969 Code 110.13)
The Chief of Police and the Director of Planning and their duly authorized representatives shall have the authority to examine all places of business and persons within the City subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person found to be violating the same.
(1969 Code 110.14; Ord. 18-O-075. Passed 9-4-18.)
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