(a) Definitions. As used in this section the following terms are defined as follows:
(1) "Itinerant house-to-house canvasser" means any person who goes from house to house or from place to place in person, or who calls from house to house or from place to place by means of telephone in the City, selling or offering for sale or taking orders for goods, wares, merchandise or any other article for future delivery, or for services to be performed in the future, or for the making, manufacturing or repairing of any article or thing; provided, that this definition shall not include newsboys or any driver operating a regular route who solicits additional customers on such route when such solicitation is only incidental to his regular duties or any person having in the City a bona fide and permanent address or place of business.
(1970 Code Sec. 16-1)
(2) "Itinerant vendor" means all persons who engage or conduct within the City, either in one locality, or in traveling from place to place, a temporary or transient business of selling goods, wares and merchandise; and who, for the purpose of carrying on such business, use, lease or occupy either in whole or in part, a room, building or other structure, or who use, lease or occupy for such purposes a room or rooms in any hotel or lodging house, for the exhibition and sale of such goods, wares and merchandise; and the person so engaged shall not be relieved from the provisions of this section by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary or transient business in connection with or as part of the business of, or in the name of, any local dealer, trader, merchant or auctioneer. The provisions of this section shall not apply to sales made to persons by commercial travelers; nor selling agents in the usual course of business; nor to bona fide sales of goods, wares or merchandise by sample for future delivery; nor to hawkers or peddlers in the streets, roads or highways, from packs or vehicles; nor to persons selling meat or products of the farm, garden or dairy; nor to any sales of goods, wares or merchandise on the grounds of any agricultural association during the continuance of any annual fair held by such association; nor to any sales by societies acting for charitable, religious or benevolent purposes; nor to judicial sales directed by law, or under the orders of any court; nor to the sales of the common necessities of life in any public market place.
(b) Closing Out or Fire Sales. No itinerant vendor shall advertise, represent or hold forth a sale of goods, wares or merchandise as a bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver, attorney, manufacturer's wholesale or closing out sale, or a sale of any goods damaged by smoke, fire, water or otherwise, unless before so doing he shall state in writing under oath, to the City Treasurer at the time he makes application for a license, hereinafter provided for, all the facts relating to the reason and character of such special sale as advertised, held forth or represented, including a statement of the names of the persons from whom such goods, wares or merchandise were purchased; the date of delivery of the same to the person applying for the license; the place, if any, where such goods, wares or merchandise were previously exposed for sale; and such details as are necessary to exactly locate and fully identify all such goods, wares and merchandise proposed to be sold. The itinerant vendor shall also include in such statement the name and residence of the owner or owners in whose interest the business is conducted, to be kept on file in the office of the City Treasurer with all such statements, in convenient form and open to public inspection.
(c) License Fee For Vendor. The annual license fee to carry on the business of itinerant vendor shall be five hundred dollars ($500.00).
(d) Bond. Every itinerant vendor shall execute a continuing bond in the form prescribed by the City Treasurer with satisfactory corporate surety in the penalty of five thousand dollars ($5,000), payable to the City conditioned that such itinerant vendor shall pay all damages accruing to anyone by reason of any act or action done, performed or taken by such itinerant vendor in or about the conduct of his business and further conditioned that such itinerant vendor shall pay all taxes, fees and penalties imposed by the City. Provided, however, that the aggregate liability of the surety for all such damages, taxes, fees, and penalties shall, in no event, exceed the sum of the bond.
The bond shall be filed with the City Treasurer and shall be open to inspection during business hours to any person desiring to inspect the same.
(Ord. 1424. Passed 9-15-83.)
(e) Certificate of Registration for Canvasser.
(1) Required. No person shall engage in the occupation of itinerant house-to- house canvasser within the City without having on his person a certificate of registration secured from the City Treasurer, with the approval of the Chief of Police.
(2) Application. Any person desiring a certificate of registration, as required in subsection (e)(1) hereof, shall apply therefor to the City Treasurer. Such application shall be made on a form provided by the City Treasurer and shall show, and contain in addition to such other information as the City Treasurer may desire, the following:
A. Name and address of applicant;
B. Permanent home address and local address of applicant;
C. If employed, the name and address of employer;
D. Two photographs of the applicant taken within ninety days immediately prior to the date of the filing of the application, which photographs shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner, of which one photograph shall be retained on file in the identification bureau of the Police Department;
E. Fingerprints, which shall be taken by the identification officer of the Police Department; and
F. A statement as to whether the applicant has been convicted of any felony or misdemeanor involving moral turpitude, the nature of the offense, the time committed and the punishment or penalty assessed therefor.
(3) Fee. The fee for the certificate of registration issued pursuant to subsection (e)(1) hereof shall be five dollars ($5.00).
(4) Revocation. The City Treasurer shall revoke any certificate of registration issued as provided in subsection (e)(1) hereof for any false statement made in the application for such certificate or for dishonest or improper dealing with the public.
(5) Display upon demand. No person, to whom a certificate of registration has been issued as provided in subsection (e)(1) hereof, shall fail, neglect or refuse two display such certificate or registration upon demand.
(1970 Code Sec. 16-2 to 6)
(f) Every itinerant vendor who sells or exhibits for sale at public private sale, any goods, wares or merchandise without first obtaining a license therefore, and in all other respects complying with the provisions of this article, or who makes any false statement in reference to the matter set out in subsection (b) hereof, or who fails to comply with the requirements of this article, and every person, whether principal or agent, who, by circular, handfills, newspaper or in any manner advertises such sale, as herein described before proper licenses are issued to the vendor and before he has complied with the provisions of this article, shall be guilty of a misdemeanor punishable in accordance with Section 101.99.
(Ord. 1424. Passed 9-15-83.)