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A person commits an offense if the person:
(A) Forges, alters or counterfeits a peddler/vendor driver’s permit, badge, sticker or emblem required by law; or
(B) Possesses a forged, altered or counterfeited peddler/vendor driver’s permit, badge, sticker or emblem required by law.
(1998 Code, § 86-81) (Ord. 05-18, passed 6-15-2005) Penalty, see § 10.99
An individual issued a peddler/vendor driver’s permit shall maintain a current mailing address on file with the city. The permittee shall notify the city of any change in this mailing address within five business days of the change.
(1998 Code, § 86-82) (Ord. 05-18, passed 6-15-2005)
ITINERANT VENDORS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT VENDOR. All persons, as well as their agents and employees, who, from a location on private property in the city, engage in the temporary or transient business of selling or offering for sale any goods, services, wares or merchandise, including but not limited to plants, lumber, agricultural products, photographs, produce, poultry, stock, fruit, or other foods or food products, and magazines; provided, however, that the term ITINERANT VENDOR shall not include anyone engaged in interstate commerce, or anyone upon whom the provisions of this chapter would impose a direct and unlawful burden on interstate commerce.
TEMPORARY. Any business transacted or conducted from a non-permanent, code compliant, structure, in the city.
TRANSIENT. Any business of any itinerant vendor which may be operated or conducted by persons or their agents or employees who reside away from the city or who have fixed places of business in places other than the city, or who move stocks of the products listed under the definition of “itinerant vendor” in this section or samples thereof into the city with the intention of selling the stock and returning to a place other than the city, or who so move the products into the city with the purpose or intention of removing them or the unsold portion thereof away from the city before the expiration of 90 days.
(1998 Code, § 86-101) (Ord. 05-20, passed 7-6-2005; Ord. 10-20, passed 9-15-2010; Ord. 13-36, passed 10-2-2013)
The duly constituted authorities of the city, including the Police Department, Tax Assessor and Collector and others having the duty of enforcing the provisions of this subchapter and other ordinances of the city, shall enforce the provisions of this subchapter and allow no itinerant vendor to conduct his or her business without full compliance with the provisions of this subchapter.
(1998 Code, § 86-102) (Ord. 05-20, passed 7-6-2005)
The provisions of this subchapter shall not be held to be applicable to the following:
(A) Commercial travelers or wholesale produce firms who sell or exhibit for sale goods, wares and merchandise wholesale to retail merchants;
(B) Vendors of farm produce, poultry, stock or agricultural products, which farm produce, poultry, stock or agricultural product has been grown or raised by the person selling it upon his own land or land rented or leased by him or her; provided the vendor furnishes the Police Chief's designee a signed statement from the county agent certifying that the farm produce, poultry, stock or agricultural product was grown or raised by the vendor upon his or her land or land rented or leased by him or her;
(C) Rummage sales or other sales conducted by local church and charitable organizations;
(D) Sales of milk and milk products by dairies, milk companies or plants, or individuals which have duly complied with, or may in the future comply with, all laws relating thereto and have permits to engage in the operations under the authority of the law; and
(E) Garage sales conducted at a private residence by the owner or resident
(1998 Code, § 86-103) (Ord. 05-20, passed 7-6-2005; Ord. 10-20, passed 9-15-2010; Ord. 13-36, passed 10-2-2013)
It shall be unlawful for any transient vendor to sell, offer for sale, exhibit for sale or exhibit for the purpose of taking orders for sale thereof any food or food products such as, but without limitation, poultry, stock or agricultural products which have not been grown or raised by the person selling the products upon his or her own land or land rented or leased by him or her, or any other food or food products.
(1998 Code, § 86-104) (Ord. 05-20, passed 7-6-2005) Penalty, see § 10.99
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