As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
SOLICITOR
Includes any person who goes from place to place or house
to house or who stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, except newspapers
or milk, or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
VENDOR, HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, from any boat or car or on a railroad
track or in any public street or public place or by going from house
to house or place of business to place of business on foot or on or
from any animal or vehicle, sells or barters, offers for sale or barter
or carries or exposes for sale or barter any goods, wares or merchandise,
except milk or newspapers.
It shall be unlawful for any person within the corporate limits
of the Town of Stillwater to act as a vendor, hawker, peddler or solicitor,
as herein defined, without first having obtained and paid for, and
having in force and effect, a license therefor.
The license fee shall be $100 per annum, and if the licensee
shall have more than one person to whom or vehicle for which he desires
a license be issued, there shall be an additional fee of $25 for each
license so issued.
Every vehicle used by a licensed vendor, hawker, peddler or
solicitor in or about his business shall have the name and address
of the licensee plainly, distinctly and legibly painted in letters
and figures at least two inches in length in a conspicuous place on
the outside of each side of every such vehicle, and such name shall
be kept so painted plainly and distinctly at all times while such
vehicle is in use during the continuance of the license.
The Town Clerk may, at any time, for a violation of this chapter
or any other ordinance or any law, revoke any license. When a license
shall be revoked, no refund of any unearned portion of the license
fee shall be made. Notice of such revocation and the reason or reasons
therefor in writing shall be served by the Town Clerk upon the person
named in the application or by mailing the same to the address given
in the application.
A licensed vendor, hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions of merchandise.
B. Not use the license provided by the Town after the expiration or
revocation of the license represented by him.
C. Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
D. Not blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares or shout or cry out his wares.
E. Not stand or permit the vehicle used by him to stand in one place
in any public place or street for more than 10 minutes or in front
of any premises for any time if the owner or lessee of the ground
floor thereof objects.
F. Not sell any confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
G. Not permit any vehicle used by him to stop or remain on any crosswalk.
H. Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
I. Not hawk, peddle, vend or solicit orders for goods, wares or merchandise
door-to-door before 10:00 a.m. or after 4:00 p.m.
J. Not hawk, peddle, vend or solicit orders for goods, wares or merchandise
on private property without having obtained the prior written consent
of the owner(s) thereof and without having presented such written
consent to the Town Clerk.
K. Behave in an orderly and peaceful manner.
L. Immediately depart the premises of a householder, owner or occupant
upon being requested to do so.
M. Not remain stopped or standing at any one place for a period of time
in excess of four hours within any twenty-four-hour period.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing, in duplicate, stating the terms thereof and the amount
paid in advance, and one copy shall be given to the purchaser at the
time the deposit is paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all
the applications and of all licenses granted under the provisions
of this chapter, giving the number and date of each license, the name
and residence of the person licensed, the amount of license fee paid
and the date of revocation of all licenses revoked.
Any person who, himself or by his clerk, agent or employee,
shall act as a vendor, hawker, peddler or solicitor, as herein defined,
without a license or who shall violate any of the provisions of this
chapter or who, having had his license revoked, shall continue to
act as a vendor, hawker, peddler or solicitor shall be liable for
a penalty of not more than $250 for each incident of offense or a
term of imprisonment not to exceed 15 days, or both such fine and
imprisonment. In addition, a violation of any of the provisions hereof
shall constitute disorderly conduct, and the person violating the
same shall be prosecuted as a disorderly person.