4-5-2: LICENSING OF PEDDLERS AND TRANSIENT MERCHANTS:
   A.   License Required: Except as otherwise provided by this chapter, no person shall conduct business as either a peddler or a transient merchant without first having obtained a license from the City.
   B.   Application For License: Application for a license to conduct business as a peddler or transient merchant shall be made at least fifteen (15) regular business days before the applicant desires to begin conducting business within the City limits. Application for a license shall be made on a form provided by the City. All applications shall be signed by the applicant. Any fraud, misrepresentation, or false statement on the application shall constitute a violation of this chapter. All applications shall include the following information:
      1.   Applicant's full legal name, and any other names used or known by in the past.
      2.   All other names under which the applicant has or does conduct business, or to which the applicant officially answers.
      3.   A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, etc.).
      4.   Full address of the applicant's permanent residence.
      5.   Telephone number of the applicant's permanent residence.
      6.   Full legal name of any and all business operation(s) owned, managed, or operated by the applicant, or for which the applicant is an employee or agent.
      7.   Full address of the applicant's regular place of business (if any).
      8.   Any and all business related telephone number(s) of the applicant, including cellular phones and facsimile machines, and e-mail addresses.
      9.   The type of business for which the applicant is applying for a license.
      10.   The dates during which the applicant intends to conduct business and the number of days he or she will be conducting business in the City.
      11.   Any and all address(es) and telephone number(s) where the applicant can be reached while conducting business within the City, including the location where a transient merchant intends to set up business.
      12.   A statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor, for violation of any State or Federal Statute or any local ordinance, other than traffic offenses.
      13.   A list of the three (3) most recent locations where the applicant has conducted business as a peddler or transient merchant.
      14.   Written permission of the property owner or the property owner's agent for any property to be used by a transient merchant.
      15.   A general description of the items to be sold or services to be provided.
      16.   License plate registration information, Vehicle Identification Number (VIN)), and physical description for any vehicle to be used in conjunction with the licensed business.
      17.   The applicant's driver's license number or other acceptable form of identification.
      18.   Recent passport style photograph of the applicant.
      19.   Written consent authorizing the City to request a criminal history background investigation in accordance with title 1, chapter 6 of this Code.
   C.   License Fees: All applications for a license under this chapter shall be accompanied by the fee established in section 3-1-2 of this Code.
   D.   Procedure:
      1.   The City Clerk shall determine if an application for a license under this chapter is complete within fifteen (15) days of receipt of the application and payment of the license fee; an application shall be determined to be complete only if all required information is provided.
      2.   If the City Clerk determines that an application is incomplete, they shall inform the applicant in writing of the information required to be provided to complete the application.
      3.   The City shall review the application and order any investigation, including background investigations, necessary to verify the information provided with the application.
         a.   Applicants for a license under this chapter shall be subject to a criminal history background investigation, as required by subsection 1-6-2C of this Code and processed in accordance with section 1-6-3 of this Code.
      4.   The City Clerk shall either approve or deny the license within thirty (30) days after receipt of a complete application.
      5.   Denial Of An Application:
         a.   The city clerk shall provide an applicant written notice sent via first class U.S. mail of a application for license having been denied stating the reasons for the action and the right of the applicant to request a hearing to appeal the decision.
         b.   Upon receiving the notice of an application for license being denied, the applicant shall have ten (10) days to request a hearing to appeal the decision.
         c.   If requested by an applicant within the allowed timeframe, a hearing shall be scheduled within thirty (30) days from the date of the request.
         d.   Hearing:
            (1)   The hearing shall be conducted by the city council.
            (2)   The applicant shall be provided opportunity to refute the reasons for the application having been denied, to plead for issuance of the license, or to justify the actions for which the city denied the license, including the cross examination of witnesses that testify against the applicant and the right to produce witnesses on their behalf.
            (3)   The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to deny or issue the requested license.
            (4)   The city clerk shall notify the applicant via first class U.S. Mail of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing.
         e.   Appeal: Any person whose license is denied following a hearing by the city council shall have the right to appeal that decision to Court of Appeals.
   E.   Duration: A license granted under this chapter shall be valid until the end of the calendar year in which it is granted.
(Prior Code § 7-10-2; amd. Ord. 2024-07, 6-24-2024)