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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
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
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)
(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)
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