(A) All transient merchants and dealers, as defined in division (B) below, unless exempted by division (C) below, shall procure a license from the City Controller, or his or her designee, prior to engaging in business within the city. Said license shall be valid for a maximum of 45 days.
(B) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TRANSIENT MERCHANTS OR DEALERS. All persons, both principals and agents, who engage or conduct in the city either in one locality or in traveling from place to place or from door to door or from telephone sources located within the city the business of selling or soliciting orders for the sale of goods, wares or merchandise to the general public with the intention of continuing in said business in said city for a period of not more than 45 days or who rent, lease, use or occupy, either in whole or in part, for the purpose of carrying on such business use, any room, building, area within the city or other public or privately owned building, any lot or parcel of land, any motor vehicle including trucks and semi-trailers for the exhibition and sale of such goods, wares and merchandise.
(C) No city license shall be required of auctions conducted pursuant to law, nor of sales made to commercial dealers by commercial travelers or selling agents in the usual course of business, or where no license may be collected under the provisions of the Constitution or laws of the United States, nor of any sales by or sponsored through societies acting for charities, religious or public purposes, or other legally established not-for-profit organizations, nor of any sales in conjunction with community events given approval by either the city’s Park Board or the city’s Board of Public Works and Safety.
(D) This chapter shall not be applicable to residential garage or yard sales conducted at the seller’s permanent place of residence.
(E) No sales of goods, wares or merchandise shall be made on public property or right-of-way unless specifically permitted by either the Board of Public Works and Safety or the city’s Park Board.
(F) A transient dealer, whether subject to city license or exempt, shall not advertise, represent or hold forth a sale of goods, wares or merchandise as an insurance, bankrupt, insolvent, assignee, trustee, executor, administrator receiver manufacturer’s wholesale, cancelled order or misfit sale or closing-out, or a sale of any goods damaged by smoke, fire or water otherwise, unless, before so doing, he or she shall state in writing under oath to the City Controller of the city at the time he or she makes application for a license all the facts relating to the reason and character of such special sales, so advertised, held forth or represented, including a statement of the names of persons from whom said goods, wares or merchandise were purchased, and the date of delivery of same to the person applying for license, the place where said goods, wares or merchandise were taken last, and such details necessary to exactly locate and fully identify all goods, wares or merchandise to be sold, and make such further disclosure to and give such information as may be required by the City Controller. Such transient dealer shall also include in said statement names and residences of the owners in whose interest the business is conducted and whether conducted as an individual, firm, association or corporation.
(G) It shall be unlawful for any transient dealer to sell or exhibit for sale either at public or private sale any goods, wares or merchandise without first complying with the provisions of this section, or to make any false statements in references to the matter required in divisions (C) and (F) above, or to fail or refuse to comply with the requirements of any of the provisions of this section, and every person, whether principal or agent, who by circular, handbills, newspaper, poster or in any manner advertises such sales as herein contemplated before proper license is issued to said transient dealer and before he or she has complied with the provisions of this section, shall be guilty of a violation of this section; provided, however, that, nothing in this section contained shall be construed as abridging or denying the right and power of the Board of Public Works and Safety of the city to refuse or withhold the granting of any license or to revoke the same, if granted, to a transient dealer upon any hearing thereof when, in the discretion of said Board, on the basis of the disclosures as aforesaid, or from other information deemed by them sufficient, such action may be deemed necessary or proper to protect or safeguard the public from imposition, mischief of fraud.
(H) It shall be the duty of the prospective vendor to obtain a copy of these licensing provisions to determine its requirements. All questions of coverage shall be directed to the City Attorney.
(Prior Code, § 122.01) (Ord. 130-1985, passed - -1985)