A. It is unlawful for any person to solicit, peddle, or otherwise engage in transient sales of goods, wares, merchandise, products, personal property or services as defined in section 2-1-2 of this chapter within the town limits without first procuring a permit as provided in this chapter.
B. It is unlawful to sell goods, wares, merchandise, chattels, or personal property of any kind whatsoever at public auction or by hawking or peddling the same within the town limits unless such person shall have first procured a permit therefor, as hereinafter provided.
C. It is unlawful to operate for gain or hire within the town limits any striking machine, ring game, ball and puppet game, cane rack, knife board, or other similar game or device typically associated with carnival or fair type activities unless such person shall have first procured a permit therefor, as hereinafter provided, or unless the game is sponsored through a Town event. Approval for such permit rests within the discretion of the Board of Trustees, or its designee.
D. It is unlawful to hold or exhibit any boxing bout or any similar performance within the town limits unless such person (or sponsor) shall have first procured a permit therefor, as hereinafter provided. (Ord. 274, 12-8-2009; amd. Ord 319, 8-11-2020)
The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
PEDDLER: Any person who travels from place to place by any type of conveyance, carrying his or her goods, wares, and merchandise with him or her, offering and exhibiting such goods, wares, and merchandise for sale; or any person who, without traveling from place to place, sells or offers the same for sale from any type of vehicle or conveyance. A peddler generally offers for sale, consummates the sale, and delivers the goods at one and the same time to the ultimate purchaser or consumer. Any person who solicits, orders, and as a separate transaction, makes deliveries to the purchaser as part of a scheme or design to evade the provisions of this definition shall be deemed to be peddling and shall be subject to the provisions of this chapter.
SOLICITOR: Any person who travels from place to place within the town boundaries by any type of conveyance taking or attempting to take orders for the sale of goods, wares, and merchandise, personal property, or services of any kind whatsoever for future delivery, whether or not such person has, carries, or exposes for sale a sample of the subject of such sale, or whether or not he or she is collecting advance payment on such sales.
TRANSIENT SELLER: Any person, either as principal or agent, who engages in a business of selling and delivering goods, wares, and merchandise or services from a temporary fixed location within the town of Simla, and who, in the furtherance of such purpose hires, leases, uses, or occupies any building, structure, room, apartment, lot, parking lot, street, sidewalk, or other place, whether public or private, within the town, for the exhibition and sale of such goods, wares, and merchandise, either privately or at an auction. Any person who engages in transient selling shall not be relieved from complying with the provisions of this chapter by reason of associating himself or herself with any established local dealer, trader, merchant, or auctioneer, or by conducting transient selling in connection with, as part of, or in the name of, any established local dealer, trader, merchant, or auctioneer, or by conducting transient selling in connection with, as part of, or in the name of any established local dealer, trader, merchant, or auctioneer. If the conduct of any person falls within the definitions of both peddler and transient selling as contained in this section, he or she shall be deemed to be transient selling for the purposes of this chapter. (Ord. 274, 12-8-2009)
A. Religious, educational, and charitable nonprofit organizations shall be exempt from the provisions of this chapter.
B. Town resident yard and garage sales of less than two (2) days in duration and less than seven (7) days in any particular year shall be exempt from the provisions of this chapter.
C. Vendors, merchants, exhibitors, and salespersons who exhibit, demonstrate or solicit orders for goods, wares, or merchandise in conjunction with a town sponsored event, or as part of an organized program of conventions, professional meetings, trade association meetings, seminars, or other similar meetings held at hotels, motels, or public or private meeting areas within the town shall be exempt from the provisions of this chapter.
D. Any art or crafts fair, show, exhibition of arts, crafts, or similar handiwork, or townwide celebrations, observances, or special events such as an annual sidewalk or parking lot sale, which includes more than five (5) exhibitions or merchants, shall be exempt from this chapter; provided that the event sponsor advise the town clerk of the name and address of the event sponsor, purpose and duration of the event, number of exhibitions or merchants taking part in the event, and the location of the event.
E. Any person who exhibits a privately owned vehicle for sale on private property or who temporarily parks a privately owned vehicle on which a "for sale" sign is displayed shall be exempt from the provisions of this chapter.
F. Wholesale and distributor representatives servicing existing businesses in the town or such representatives soliciting new business with existing businesses in the town shall be exempt from the provisions of this chapter.
G. Vending machines, coin operated amusement machines, signs and billboards shall be exempt from the provision of this chapter.
H. Private sales made by telephone or mail appointment where the solicitor is invited to a private residence shall be exempt from the provisions of this chapter. (Ord. 274, 12-8-2009)
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