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The provisions hereof shall not apply to sales by producers of farm or dairy products. Any person exempt by the laws of the state from the payment of the license fee shall, before beginning such business, present to the Town Clerk-Treasurer his or her credentials showing that he or she is entitled to such exemption and, upon the acceptance and approval thereof, he or she shall then receive a certificate from the Clerk-Treasurer authorizing him or her to engage in the business of itinerant merchant, peddler or solicitor subject to the terms of his or her license and the other applicable provisions hereof.
(2005 Code, § 41.04)
(A) No itinerant merchant, peddler or solicitor, nor any person in his or her behalf, shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he or she be permitted to operate in any congested area where his or her operations might impede or inconvenience the public.
(B) For the purpose of this subchapter, the judgment of the Chief of Police, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(2005 Code, § 41.05)
(A) Licenses issued under the provisions of this subchapter may be revoked by the President of the Town Council after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the license application;
(2) Fraud, misrepresentation, or false statement made in the course of carrying on his business as an itinerant merchant, peddler or solicitor;
(3) Conviction of any crime or misdemeanor involving moral turpitude;
(4) Conducting the business of peddling or soliciting in an unlawful manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public; and/or
(5) Any other violation of this subchapter.
(2005 Code, § 41.06)
(B) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. The Chief of Police may, at any time, suspend any license pending hearing on revocation upon an allegation and information that such license is believed to have been violated, or has been violated, or is guilty of any of the causes upon which a revocation of such license could be predicated hereunder.
(2005 Code, § 41.07)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99
of this code of ordinances.
(B) Any person, as defined, or any agent, servant, employee or officer thereof, violating any of the provisions of §§ 116.01 through 116.18 of this chapter, or who aids or abets in the procuring of a violation of any provision, part or portion of §§ 116.01 through 116.18 of this chapter, or who files or causes to be filed an application for a permit which contains false or fraudulent statements of fact, shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined pursuant to the Appendix: Fines and Penalties in Ch. 31 of this code of ordinances. Each violation shall be deemed a separate offense, and each act in violation of §§ 116.01 through 116.18 of this chapter shall constitute a separate offense and shall be punishable as such.
(2005 Code, § 43.19)