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(A) The city may revoke a peddler/vendor driver’s permit if the city determines that the permittee:
(1) Operated a peddler/vendor vehicle inside the city during a period in which the peddler/vendor driver’s permit was suspended;
(2) Made a false statement on an application for a peddler/vendor driver’s permit;
(3) Engaged in conduct that constitutes a ground for suspension under this division (A) and received either a suspension in excess of three days or a conviction for violation of this subchapter;
(4) Engaged in conduct that could reasonably be determined to be detrimental to the public safety; or
(5) Was convicted of any felony offense while holding a peddler/vendor driver’s permit.
(B) A person whose peddler/vendor driver’s permit is revoked shall not:
(1) Apply for another peddler/vendor driver’s permit before the expiration of 12 months from the date the city revokes the permit or, in the case of an appeal, the date the appeal Hearing Officer affirms the revocation; or
(2) Drive a peddler/vendor vehicle inside the city.
(C) The city shall notify the permittee in writing of a revocation and include in the notice the reason for the revocation, the date the city orders the revocation and a statement informing the permittee of his or her right of appeal.
(D) After receipt of notice of suspension, revocation or denial of permit renewal, the permittee shall, on the date specified in the notice, surrender his or her peddler/vendor driver’s permit to the city and discontinue driving a peddler/vendor vehicle inside the city.
(E) Notwithstanding divisions (B)(2) and (D) above, if the permittee appeals the suspension or revocation under this section, the permittee may continue to drive a peddler/vendor vehicle pending the appeal unless:
(1) The peddler/vendor driver’s permit of the permittee is suspended pursuant to § 115.030 of this chapter, or revoked pursuant to division (A)(5) above;
(2) The city determines that continued operation by the permittee would impose an immediate threat to public safety;
(3) The permittee has violated any provision of this subchapter; or
(4) Any person required to be listed on the application for the permit has, since the permit was granted, been convicted or plead guilty or nolo contendre to any federal, state or local law (other than traffic violations) for any activity done while conducting business under the permit, after such permit was granted.
(1998 Code, § 86-79) (Ord. 05-18, passed 6-15-2005)
(A) Request for appeal. A person may appeal a denial of a peddler/vendor driver’s permit application, suspension of a peddler/vendor driver’s permit under § 115.030 of this chapter, or revocation of a peddler/vendor driver’s permit, if he or she requests an appeal in writing, delivered to the Chief of Police not more than ten business days after notice of the city’s action is received.
(B) Conduct of hearing. The Chief of Police shall act as the Appeal Hearing Officer in an appeal hearing under this section. The Hearing Officer shall give the appealing party an opportunity to present evidence and make argument in his or her behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the Hearing Officer shall make his or her ruling on the basis of a preponderance of the evidence presented at the hearing.
(C) Action by Hearing Officer. The Hearing Officer may affirm, modify or reverse all or part of the action of the city being appealed. The decision of the Hearing Officer is final.
(1998 Code, § 86-80) (Ord. 05-18, passed 6-15-2005)
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
It shall be unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale or exhibit for the purpose of taking orders for the sale thereof any goods, services, wares, merchandise, farm produce, poultry, stock, magazines, plants, lumber or agricultural products in the city without first obtaining a license therefor.
(1998 Code, § 86-121) (Ord. 05-20, passed 7-6-2005; Ord. 10-20, passed 9-15-2010) Penalty, see § 10.99
(A) (1) Any person desiring a license required by the provisions of this subchapter shall make application therefor to the Police Chief’s designee at least ten days prior to the date of his or her contemplated sale or exhibit to be held in the city.
(2) The application shall be in the form of an affidavit stating the full name and address of the itinerant vendor, the location of his or her principal office and place of business, the names and addresses of the officers if the itinerant vendor is a corporation, and the partnership name and the names and addresses of all partners if the itinerant vendor is a firm.
(B) Before the license shall be issued, the application therefor must be accompanied by:
(1) A statement showing the kind and character of the goods, services, wares, merchandise, farm produce, poultry, stock, magazines, plants, lumber or agricultural products to be sold, offered for sale or exhibited and the method of distribution to be used;
(2) Two passport size color photographs of the itinerant vendor or of his or her agent;
(3) A certified copy of the charter of the corporation if the itinerant vendor is a corporation incorporated under the laws of the state; and
(4) A certified copy of its permit to do business in the state if the itinerant vendor is a corporation incorporated under the laws of some other state.
(1998 Code, § 86-122) (Ord. 05-20, passed 7-6-2005; Ord. 10-20, passed 9-15-2010)
Before any license shall be issued under the provisions of this subchapter, the applicant therefor shall pay to the city a fee in the amount of $125 (90 consecutive days) or $25 (three consecutive days). This fee shall be for the purpose of partially defraying the expenses of enforcing the provisions of this subchapter.
(1998 Code, § 86-124) (Ord. 05-20, passed 7-6-2005; Ord. 13-36, passed 10-2-2013)
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