729.01 PEDDLERS.
   (a)   “Peddler,” as used in this chapter, means any person who is at least eighteen years of age, who goes from house to house or from place to place through the streets of the Village of Wellington, and who:
      (1)   Carries with him for the purpose of sale at retail and immediate or future delivery goods, wares, food or merchandise; or
      (2)   For himself, or as principal or agent for another, sells offers to sell, or otherwise obtains orders or commitments for the sale, repair, or exchange of goods, wares, food, merchandise, or services.
   Notwithstanding the foregoing, a person is not acting as a peddler under any of the following circumstances:
      (1)   He is responding to a prior request from the person being contacted;
      (2)   He is contacting only members of the same entity, group, or organization on whose behalf he is peddling;
      (3)   He is making a delivery of goods, wares, food, or merchandise which has previously been ordered;
      (4)   He is engaged in commercial sales to a commercial business on behalf of a manufacturer, wholesaler, distributor, or other supplier; or
      (5)   He is engaged solely in canvassing.
   (b)   No person shall either engage in business as a peddler or, as the employee of another for such purpose, act as a peddler within the Village of Wellington, without having obtained a license issued by the Village Chief of Police or his designee.
   (c)   Application for a license to act as a peddler shall be filed with the Village Chief of Police by the individual requesting license as a peddler or by the seller he represents, on a form to be furnished by the Chief of Police, which shall require the following information:
      (1)   Name of the applicant;
      (2)   If the applicant is an individual, a physical description of the individual;
      (3)   The applicant’s Social Security number or federal identification number;
      (4)   The name and address of the person by whom the applicant is employed or for whom he is peddling, if any, and the length of the applicant’s service for that employer;
      (5)   The name(s) and address(es) of all the persons who will be peddling pursuant to this license;
      (6)   The nature and character of the goods to be sold or services to be furnished by the peddler;
      (7)   A statement as to whether any individual to be covered by the license has ever been convicted of a felony or a misdemeanor involving moral turpitude, including the date and place of conviction; and
      (8)   Two copies of a current photograph, approximately 2" x 2", of each individual to be covered by the application.
   (d)   The Chief of Police shall issue a license to each individual covered by the application within 72 hours of the receipt of a completed application unless he determines that the application is incorrect in some respect material to that individual, that the applicant proposes to engage in unlawful activity, or that he has reason to believe that a clear and present danger to the residents of the Village would exist through the issuance of a license to a specific applicant.  If the application is to cover more than one individual, a separate license will be required by each such individual, and may be issued based on a single application.  The filing fee for each license shall be paid before the license is issued.  The license shall bear the photograph of the individual to whom it is issued and shall not be transferable.
   (e)   The filing fee for licenses shall be as follows:
      (1)   For the initial application and one individual license thereunder, $1.00;
      (2)   For subsequent licenses issued in connection with an application on behalf of more than one individual, $1.00 per individual.
   (f)   A peddler shall have his license with him at all times that he is engaged in peddling within the Village, and shall display it on the request of any individual from whom he is soliciting.
   (g)   A license shall expire one year from its issuance.
   (h)   No person shall act as a peddler in activities at dwelling houses, at businesses, or on sidewalks or streets of the Village, between the hours of 9:00 p.m. and 9:00 a.m.
(Ord. 2004-19.  Passed 5-3-04.)