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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)
The license required by the provisions of this section shall be valid so long as the sale or exhibit authorized thereby is continuously held in the city, a minimum of five days each week, but in no event shall it continue for more than 90 days from the date of its issuance. No person or persons, company, corporation or organization may operate under an itinerant vendor permit to exceed a total of 180 days in a calendar year. A person, company, corporation or organization operating under an itinerant vendor permit from a premises that is not open to the general public are not limited to the 180 days requirement in a calendar year.
(1998 Code, § 86-127) (Ord. 05-20, passed 7-6-2005; Ord. 13-36, passed 10-2-2013)
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