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PEDDLERS, SOLICITORS, ETC. 18-1. Definition of "peddler," "solicitor." 18-2. License-Required. 18-3. License--Exceptions. 18-4. License--Application. 18-5. License--Investigation of applicant. 18-6. License--Issuance. 18-7. License--Appeal from actions of City Manager upon failure to issue. 18-8. License--Duration, etc. 18-9. License--Renewal 18-10. License--Denial,revocation or suspension. 18-11. Separate license for each person engaged in hawking, etc. 18-12. Location where peddling or soliciting is prohibited. 18-13. Distribution of Free Tobacco Products on Public Property Prohibited. 18-14. Penalty.
Sec. 18-1. Definition of "peddler," "solicitor." A "peddler" or "solicitor" for the purposes of this Chapter shall include any person who hawks, peddles, or vends or takes orders for any wares of merchandise or service or anything of value upon the streets of the City or any person who goes from house to house to vend, sell, or take orders for any wares or merchandise or service or anything of value either by sample or otherwise. Sec. 18-2. License - Required. It shall be unlawful for any person to engage within the city in the business of a peddler or a solicitor without first obtaining a license as provided in this Chapter. Sec. 18-3. License -- Exceptions. The provisions of this Chapter shall not apply to: (a) Persons selling merchandise to manufacturers, wholesalers, or retailers, for use in their business or for resale. (b) Persons who take orders for or make delivery of newspapers, milk, ice, fuel, bakery goods or other dairy or bakery perishable food products. (c) Persons selling such articles as may be produced, caught, or raised by them. (d) Persons selling Christmas trees, cards, greens, holly, and wreaths. (e) Fraternal, religious, charitable, patriotic, educational, benevolent, or civic organizations approved as such by the City Manager. (f) Volunteer fire companies. (g) Persons offering home pick-ups and deliveries of laundry and dry cleaning. Sec. 18-4. License -- Application. Applicants for a license required by this Chapter shall file with the City Manager a signed application giving the following information: (a) Name, local and permanent addresses, age, weight, height, color of hair and eyes, and other distinguishing physical characteristics. (b) Name and local permanent addresses of the person by whom he is employed or with whom he is associated. (c) Length of such employment or association. (d) Brief description of the business and nature of the merchandise to be sold. (e) Letters from two (2) persons who have known the applicant for at least two (2) years attesting to his moral character and at least two (2) references from persons whom the applicant is willing that inquiry be made to verify the facts stated by the applicant. (f) Two (2) photographs two (2) inches by two (2) inches in size showing the head and shoulders of the applicant in a clear and distinguishing manner. (g) If a vehicle is to be used, a description of same together with license number. (h) A statement as to whether or not the applicant has been convicted of any crime, the nature of the offense, and the punishment or penalty assessed. (i) Date and number of county permit. Sec. 18.5. License--Investigation of applicant. Upon receipt of a license application, the City Manager shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public welfare. Upon completion of this investigation and upon receipt of a license fee of Twenty-five Dollars ($25.00), the City Manager is authorized to issue the license required by this Chapter. Sec. 18.7. License--Appeal from action of City Manager upon failure to issue. An appeal from the action of the City Manager in failing to approve the issuance of peddler's or solicitor's license may be taken to a regular meeting of the Mayor and Council, who shall thereafter affirm the action of the City Manager or overrule it and direct the City Manager to issue the license. The Mayor and Council shall render their decision within sixty (60) days of hearing such appeal. Sec. 18.8. License--Duration, etc. A license issued under this Chapter shall be good for one (1) year from the date of issuance, unless earlier suspended or revoked as provided in this Chapter. Every peddler or solicitor shall carry with him his license at all times while engaged in peddling or soliciting and shall display the same to any person who shall demand to see the same while he is so engaged. The license shall remain the property of the City, and shall be surrendered to the City Manager upon expiration, suspension, or revocation. Sec. 18.9. License -- Renewal. The holder of any expiring license under this Chapter desiring a new license to be effective on the expiration of the existing license shall, not less than thirty (30) nor more than sixty (60) days before the expiration of the existing license, file a written application for renewal with the City Manager, giving the information set forth in Section 18.4, except, at the discretion of the City Manager, new photographs shall not be required if the existing photograph is a good likeness. There shall be filed with the application a renewal fee of Twenty-five Dollars ($25.00). Sec. 18.10. License -- Denial, revocation or suspension. The City Manager may refuse to issue or renew a license or may revoke or suspend any license issued under this Chapter if he finds that the applicant or licensee has willfully withheld or falsified any information required for a license or has been convicted of crimes described in Section 18.4. The City Manager may suspend for a period of up to ninety (90) days, or revoke, or refuse to renew any license upon finding that the licensee, while peddling or soliciting and in connection therewith, has engaged in fraud or willful misrepresentation, has violated any provision of this Chapter, has committed any unlawful act, or has refused to leave the premises immediately when requested by the owner or occupant thereof to do so. Any revocation, suspension, or failure to renew shall be by written notice to the licensee delivered personally or sent by certified mail to the licensee's local address listed in his application. The notice shall contain a statement of the reason for the action taken. Sec. 18.11. Separate license for each person engaged in hawking. A separate license must be obtained for each person who will participate in the hawking, peddling, or vending or the taking of orders for any wares or merchandise or anything of value. Sec. 18.12. Locations where peddling or soliciting isprohibited. No peddler or solicitor shall engage in said business within one hundred (100) feet of the intersection of any elementary or secondary school driveway at any public road, nor at any place between driveways if more than one driveway exists at any such school, while such school is in session or within one (1) hour before or after such school session. Sec. 18-13. Distribution of Free Tobacco Products on Public Property Prohibited. (a) No person in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes, or any agent or employee or any such person, shall in the course of such business, distribute any cigarettes or other tobacco or smoking products free to any person on any public street or sidewalk, or in any public park or playground, or any other public ground, or in any public building. (b) Any violation of this section shall be an infraction punishable by a fine of One Hundred Dollars ($100.00) for each violation. Each act of distribution shall constitute a single and separate violation. Violations of this Chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Section 6 and 6A of this Code. (Sec. 18-14 amended by O-17-94, adopted 10/3/94). |
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