The purpose of this chapter is to assist in protecting consumers who purchase goods in the city by requiring that all "itinerant merchants", as defined in section 3-7-2 of this chapter, register with the city clerk before commencing business within the city, and that each such merchant provide sufficient information as to his or her identity so that a consumer will be able to identify and locate the itinerant merchant in the event the consumer should wish to pursue claims for breach of warranties, fraud, misrepresentation or other claims which may arise from consumer transactions. Persons who have been residents of the city for more than one year are exempt from registration as itinerant merchants under this chapter because of the relative ease with which they can be identified and located. (Ord. 652, 1-1983)
An "itinerant merchant" is any person present within the city who sells or offers to sell to retail customers any goods, wares or merchandise unless such person is one or more of the following:
A. An individual who has been a permanent resident of the city for more than one year who is conducting such business activity as owner or consignee of the goods, wares or merchandise being sold or offered for sale.
B. A principal or an agent of a person, firm or corporation whose principal has been continuously engaged in business at least one hundred (100) hours per month, within the city for the preceding two (2) calendar months. A principal or an agent of a principal who registers as an itinerant merchant but who intends to engage in business within the city at least one hundred (100) hours per month for the two (2) calendar months following registration; provided the principal has posted the bond required by section 3-7-5 of this chapter.
C. An agent of a business properly licensed or exempt from licensing under this chapter.
D. A member of a tax exempt charitable, fraternal, civic or religious organization selling or offering to sell goods, wares or merchandise on behalf of said organization for tax exempt purposes of the organization as defined by the internal revenue code, who provides proof of authority to act on behalf of said tax exempt organization.
E. A person selling used furniture, household goods, sporting equipment and clothing of his family during a period not to exceed forty eight (48) hours who has not previously participated in more than one such sale within the city during the same calendar year.
F. A guardian, conservator or personal representative selling personal assets of the decedent or ward.
G. A person, firm or corporation which limits the prices of the goods, wares and merchandise it sells or offers for sale to twenty five dollars ($25.00) or less per item and which does not sell or offer for sale any goods, wares or merchandise at a price greater than twenty five dollars ($25.00). (Ord. 652, 1-1983)
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