§ 117.004 ENTRANCE TO PREMISES RESTRICTED.

   (a)   It shall be unlawful for any peddler to enter upon any private premises when the premises is posted with a sign stating "No Peddlers Allowed," "No Soliciting," or words to that effect.

   (b)   It shall be unlawful for any peddler to enter any residence unless expressly invited by a competent adult in charge of the residence.

(1992 Code, § 29-4) (Ord. 49-06, passed 4-17-2006; Ord. 131-15, passed 12-15-2015) Penalty, see § 117.999

§ 117.005 MISREPRESENTATION.

   No peddler shall make false or fraudulent statements concerning the quality or nature of their goods, wares, merchandise or services for the purpose of inducing another to purchase the goods, wares, merchandise or services.

(1992 Code, § 29-5) (Ord. 49-06, passed 4-17-2006) Penalty, see § 117.999

§ 117.006 HOURS OF OPERATION.

   No peddler shall peddle door-to-door between the hours of 8:00 p.m. and 9:00 a.m. the following morning, except by specific appointment with or invitation from the prospective customer.

(1992 Code, § 29-6) (Ord. 49-06, passed 4-17-2006)

§ 117.007 PROHIBITED CONDUCT.

   Any peddler selling or soliciting for sale goods, wares, merchandise or services by traveling from place to place, house to house or street to street shall not remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose.

(1992 Code, § 29-7) (Ord. 13-87, passed 3-2-1987; Ord. 49-06, passed 4-17-2006)

PERMIT

§ 117.020 REQUIRED.

   It shall be unlawful for any person to engage in business as a peddler within this city without first obtaining a permit to do so from the city.

(1992 Code, § 29-17) (Ord. 49-06, passed 4-17-2006; Ord. 131-15, passed 12-15-2015) Penalty, see § 117.999

§ 117.021 APPLICATION.

   Applicants will have 15 days to complete the permitting process. An incomplete application 15 days or older will require a new application fee and background recheck. The application for a permit required by the provisions of this subchapter shall include at least the following information:

   (a)   A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any state or federal law or municipal ordinance or code other than traffic offenses; the nature of the offense; the punishment or penalty assessed therefor, if previously convicted; and the place of conviction;

   (b)   Whether the applicant, upon any sale or order, shall demand, accept, or receive payment or deposit of money in advance of final delivery;

   (c)   The period of time the applicant wishes to engage in business within the city;

   (d)   The local and permanent addresses of the applicant;

   (e)   The local and permanent addresses and the name of the entity, if any, that the applicant represents;

   (f)   The kind of goods, wares, merchandise, or services the applicant wishes to peddle within the city;

   (g)   The cities or towns wherein the applicant has worked as a peddler for the last five years prior to application; and

   (h)   The applicant's date of birth, state of issuance and government picture identification number, and social security number or other identifying number.

   (i)   The state of South Dakota sales tax number for the applicant and/or the entity that the applicant represents.

(1992 Code, § 29-18) (Ord. 49-06, passed 4-17-2006; Ord. 131-15, passed 12-15-2015; Ord. 101-24, passed 12-3-2024)

§ 117.022 INVESTIGATION, EXAMINATION OF APPLICANT.

   (a)   The application for a peddler permit shall be investigated by the police chief or his or her designee. No permit shall be granted to any person:

      (1)   Who has an active warrant relating to any offense;

      (2)   Who has been convicted for a sex crime as defined by SDCL 22-24B-1 or any indecent exposure for which he or she is still subject to sex offender registration requirements;

      (3)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last five years of application for all other indecent exposures;

      (4)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last ten years of application for a crime of violence as defined by SDCL 22-1-2(9);

      (5)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last ten years of application for any burglary;

      (6)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last five years of application for a felony possession or distribution of controlled substances;

      (7)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last five years of application for any offense involving theft or fraud;

      (8)   Who has knowingly omitted or provided false information on the application; or

      (9)   For any good cause.

   (b)   Convictions in other states considered. Any known conviction for an offense in another state which, if committed in this state, would be a violation of one of the offenses listed in subsection (a) shall be used to determine if an applicant is eligible for a permit.

   (c)   Any denial of an application for permit may be appealed through the procedures established by the administrative code provisions of this code according to the procedure set forth in § 30.040.

(Ord. 131-15, passed 12-15-2015; Ord. 101-24, passed 12-3-2024)

§ 117.023 BOND REQUIRED.

   Every peddler before receiving a license shall file with their application a bond in the penal sum of $1,000 conditioned for the faithful performance and payment of obligations of the peddler arising in connection with the business, and for payment of all claims or damages for which the peddler may become liable through fraud, deceit, or otherwise in the course of business as a peddler.

(1992 Code, § 29-18.1) (Ord. 69-93, passed 9-7-1993; Ord. 49-06, passed 4-17-2006; Ord. 140-06, passed 10-16-2006; Ord. 131-15, passed 12-15-2015)