§ 111.01 DECLARED NUISANCE.

   The practice of being in and upon private residences and business places in the city by solicitors, peddlers, hawkers, transient merchants, and transient vendors of merchandise not having been requested or invited to do so by the owner or owners, occupant or occupants of the private residences, and business places for the purpose of soliciting orders for the sale of goods, wares, and merchandise or for the purpose of disposing of or peddling or hawking the same is declared to be a nuisance and punishable as prescribed in this chapter. The Chief of Police is required and directed to suppress the same and to abate any such nuisance.

(Prior Code, § 5.12.010)

§ 111.02 DEFINITION.

   (A)   A TRANSIENT MERCHANT is defined as any person, firm, or corporation (whether as owner, agent, consignee, or employee) who engages in a temporary business of selling from a display of goods, wares, or merchandise within the city and who occupies temporarily any building, structure, motor vehicle, tent, railroad box-car, or any street, alley, lot, or other place within the city for the exhibition and sale from such display of goods, wares, or merchandise. Sale must be made from stock of goods displayed, and no orders may be taken for future delivery.

   (B)   A TRANSIENT MERCHANT, for the purposes of this chapter, shall not include the following:

      (1)   Fundraising activities of nonprofit organizations or groups who are exempt from the State Gross Retail Tax;

      (2)   A person selling goods, wares, or merchandise of any description raised, produced, or manufactured by the individual offering the same for sale at a garage sale, flea market, bake sale, or craft show;

      (3)   A person selling at an art fair or festival or similar event at the invitation of the event’s sponsor if all of the following conditions are met:

         (a)   The sponsor is a governmental entity or a nonprofit and/or tax exempt organization;

         (b)   The person provides the sponsor with the person’s sales tax license number; and

         (c)   The sponsor provides a list of the event’s vendors and their sales tax license numbers to the State Department of Revenue.

      (4)   Other activities are at the discretion of the Mayor, Finance Officer, and two other Council members.

(Prior Code, § 5.12.020) (Ord. 07-2, passed - -; Ord. 09-12, passed 9-3-2009)

§ 111.03 LICENSE APPLICATION.

   It is unlawful for any person, firm, or corporation to engage in business in the city as a transient merchant, as defined in § 111.02, without first having obtained a license therefor in compliance with the provisions herein. Application shall be made to the Council at a meeting. Application shall be accompanied with a valid state sales tax license. Applicants shall publish, at their expense, in the local newspaper a notification of the day they will be selling their product for the community’s awareness.

(Prior Code, § 5.12.030) (Ord. 09-12, passed 9-3-2009; Ord. 11-13, passed 12-8-2011) Penalty, see § 111.99 

§ 111.04 FEE.

   Upon approval of the application, a fee of $15 (per day, per vendor, and per table) minimum shall be required. The fee may be changed by resolution.

(Prior Code, § 5.12.040) (Ord. 09-20, passed 1-7-2010)

§ 111.99 PENALTY.

   It shall be a misdemeanor, punishable by a fine, for any person, firm, or corporation to engage in any of the activities subject to this chapter without having first obtained a license in compliance with the provisions of this chapter. The first offense shall be a $50 fine, second offense shall be $100 fine, each additional offense shall increase by increments of $50.

(Prior Code, § 5.12.050) (Ord. 07-02, passed - -)