(a) "Itinerant vendor" means all persons who engage or conduct within the Town, 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 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 or selling agents in the usual course of business, to bona fide sales of goods, wares or merchandise by sample for future delivery, to hawkers or peddlers in the streets, roads or highways, from packs or vehicles, to persons selling meat or the products of the farm, garden or dairy, 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, to any sales by societies acting for charitable, religious or benevolent purposes, to judicial sales directed by law or under the orders of any court or to the sales of the common necessities of life in any public market place.
(b) 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 Recorder 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 the delivery of the same to the person applying for 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. Such itinerant vendor shall also include in such statement the name and residence of the owner in whose interest the business is conducted, to be kept on file in the office of the Recorder, and a record shall be kept by the Recorder of all such statements, in convenient form and open to public inspection.
(c) (1) The annual license fee to carry on the business of itinerant vendor shall be two hundred dollars ($200.00).
(Passed 6-17-57)
(2) The daily license fee to carry on the business of itinerant vendor shall be twenty dollars ($20.00).
A.O.
(d) Every itinerant vendor who sells or exhibits for sale at public or private sale any goods, wares or merchandise without first obtaining a license therefor 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 any of the sections of this article, and every person, whether principal or agent, who, by circular, handbill, 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 violation of this article and shall be punished accordingly.
(Passed 6-17-57)