122.01 Purpose | 122.10 Standards for Issuance of Permit |
122.02 Definitions | 122.11 Permit Fee |
122.03 Exemptions | 122.12 Agent for Service of Process |
122.04 Political, Religious and Charitable Organizations | 122.13 Transfers |
122.05 Compliance with State Law | 122.14 Display |
122.06 Permit Required | 122.15 Revocation and Emergency Suspension |
122.07 Permit Application Requirements | 122.16 Enforcement |
122.08 Issuance of Permit | 122.17 Obedience to Signs |
122.09 Multiple Vendors; Special Events | |
For use in this chapter the following terms are defined:
1. “Peddler” means any person carrying or transporting goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house or upon a public street.
2. “Solicitor” means any person who solicits or attempts to solicit from house to house or a public street, orders for commercial goods, wares, subscriptions, publications, periodicals, merchandise or services to be delivered or fulfilled at a future date. For the purposes of this chapter, “solicitor” does not include a person who contacts another person at his or her residence without prior invitation to enlist support for or against or to solicit funds for patriotic, philanthropic, charitable, political or religious purposes, whether or not there is an incidental purpose involving the sale of incidental goods or services.
3. “Transient merchant” includes every merchant, whether an individual person, a firm, corporation, partnership or association, and whether owner, agent, bailee, consignee or employee, who brings or causes to be brought within the City any goods, wares or merchandise of any kind, nature or description, with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares or merchandise and who is not a permanent resident of the City of Nevada, Iowa.
Unless otherwise noted in this chapter, the provisions of this chapter shall not apply to persons engaged in the activities described in subsections 1 through 13 of this section. However, exemption from the permit requirements does not relieve an exempt person or organization from registering with the Police Chief and providing the information set forth in Section 122.04 below.
1. Persons selling at wholesale to merchants for the purpose of resale.
2. Persons selling or distributing newspapers or similar tabloids.
3. Persons selling tangible personal property or services to business enterprises.
4. Persons who sell at their permanent residence in the City, works of art or crafts made or created by such person or a member of such person’s immediate family, who also resides at the permanent residence.
5. Persons who operate a business or sell a product from their place of residence, even if the product is not produced at that location, provided the activity is not in conflict with the Nevada Zoning Ordinance.
6. Persons licensed by the State of Iowa to sell real estate or insurance or licensed as transient vendors of drugs.
7. Persons selling or delivering tangible personal property or services through a permanent business located in the City, or sold to regular customers on established routes (e.g., Schwans, Avon).
8. Farmers who offer for sale agricultural, garden or food products they, or a member of their immediate family, have produced, raised or grown.
9. Persons selling their own work or production either by themselves or their employees.
10. Candidates (or their duly authorized representatives) for local, County, State, or national office soliciting donations or support.
11. Persons selling tangible property at a garage, basement or yard sale held at one of the sellers’ residences, a shelter house, or similar type location.
12. Persons conducting and selling admissions to or for theatricals, shows, rides, sports and games, concerts, circuses, carnivals or any other public amusement.
13. Members of local Cub Scouts, Girl Scouts, Boy Scouts, Camp Fire Girls, Blue Birds, 4-H, Future Farmers of America, students representing the Nevada Community School District or any other student who lives in Nevada, Iowa, and is soliciting on behalf of their school.
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