[R.O. 2012 §625.010; Ord. No. 2025, CC 1981 §52.010]
It shall be unlawful for any person to engage in the business of peddler as defined in Section
625.020 of this Chapter within the corporate limits of this City without first obtaining a permit therefor as provided herein.
[R.O. 2012 §625.020; Ord. No. 2025, CC 1981 §52.020]
As used in this chapter, the following terms shall have the
meanings indicated:
PEDDLER
Includes any person, whether a resident of this City or not,
traveling by foot, wagon, automotive vehicle, or any other type of
conveyance, from place to place, from house to house, or from street
to street, carrying, conveying or transporting goods, wares, merchandise,
meats, fish, vegetables, fruits, garden truck, farm products or provisions,
offering and exposing the same for sale, or making sales and delivering
articles to purchasers, or offering for sale, for later delivery,
or seeking appointments for the purpose of at that time offering for
sale; or who, without traveling from place to place, shall sell or
offer the same for sale from a wagon, automotive vehicle, railroad
car, or other vehicle or conveyance; and further provided, that one
(1) who solicits orders and as a separate transaction makes deliveries
to purchasers as a part of a scheme or design to evade the provisions
of this Chapter shall be deemed a peddler subject to the provisions
of this Chapter. The word "peddler" shall include the words "hawker,"
"huckster," and "solicitor."
[R.O. 2012 §625.030; Ord. No. 2025, CC 1981 §52.030]
A. Applicants for permits under this Chapter must file with
the City Clerk a sworn application in writing (in duplicate) on a
form to be furnished by the City Clerk, which shall give the following
information:
1.
Name and description of the applicant.
2.
Address (local and permanent).
3.
A brief description of the nature of the business
and the goods to be sold and in the case of products of farm or orchard,
whether produced or grown by the applicant.
4.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
5.
The length of time for which the right to do business
is desired.
6.
If a vehicle is to be used, a description of the
same, together with credentials establishing the license number or
other means of identification.
7.
A statement as to whether or not the applicant
has been convicted of any crime, misdemeanor, or violation of any
municipal ordinance, the nature of the offense and the punishment
or penalty assessed therefor.
[R.O. 2012 §625.040; Ord. No. 2025, CC 1981 §52.040]
A. Upon receipt of such application, the original shall be
referred to the Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made as he/she
deems necessary for the protection of public good.
1.
If as a result of such investigation the applicant's
character or business responsibility is found to be unsatisfactory,
the City Marshal shall endorse on such application his/her disapproval
and his/her reasons for the same, and return said application to the
City Clerk, who shall notify the applicant that his/her application
is disapproved and that no permit will be issued.
2.
If as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the City Marshal shall endorse on the application his/her approval.
Upon receipt of the approved application, the City Clerk, upon payment
of the prescribed permit fee, shall deliver to the applicant his/her
permit. The Clerk shall keep a permanent record of all licenses issued.
[R.O. 2012 §625.050; Ord. No. 2025, CC 1981 §52.050]
The fees for licenses required under this Chapter shall be ten
dollars ($10.00) for a period of ninety (90) days.
[R.O. 2012 §625.060; Ord. No. 2025, CC 1981 §52.060]
No permit issued under this Chapter shall be transferable or
assignable.
[R.O. 2012 §625.070; Ord. No. 2025, CC 1981 §52.070]
No person having a license under the provisions of Chapter
605 of this Code, entitled "Licenses and Occupational Taxes," shall be required to obtain a permit under this Chapter.
[R.O. 2012 §625.080; Ord. No. 2025, CC 1981 §52.080]
No peddler shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall he/she be permitted to operate in any congested area where
his/her operations might impede or inconvenience the public. For the
purpose of this Chapter, the judgment of a Police Officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
[R.O. 2012 §625.090; Ord. No. 2025, CC 1981 §52.090]
No peddler, nor any person in his/her behalf, shall shout, make
any outcry, blow a horn, ring a bell or use any sound device, including
any loud-speaking radio or sound-amplifying system upon any of the
streets, alleys, parks or other public places of said City or upon
any private premises in said City where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, alleys, parks, or other public places,
for the purpose of attracting attention to any goods, wares or merchandise
which such licenses proposes to sell.
[R.O. 2012 §625.100; Ord. No. 2025, CC §52.100]
Peddlers are required
to exhibit their licenses at the request of any citizen.
[R.O. 2012 §625.110; Ord. No. 2025, CC 1981 §52.110]
A. Permits and licenses issued under the provisions of this
Chapter may be revoked by the Mayor of this City after notice and
hearing, for any of the following causes:
1.
Fraud, misrepresentation, or false statement contained
in the application for license.
2.
Fraud, misrepresentation, or false statement made
in the course of carrying on his/her business as peddler.
3.
Any violation of this Chapter.
4.
Conviction of any crime or misdemeanor involving
moral turpitude.
5.
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety, or general welfare
of the public.
[R.O. 2012 §625.120; Ord. No. 2025, CC 1981 §52.120]
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the ground of complaint and
the time and place of hearing. Such notice shall be mailed, postpaid
to the permittee at his/her permanent address (as shown on his/her
application) at least five (5) days prior to the date set for hearing.
[R.O. 2012 §625.130; Ord. No. 2025, CC 1981 §52.130]
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit as provided in Section
625.040, or in the decision with reference to the revocation of a license as provided in Section
625.110, shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section
625.120.