[Adopted 5-15-2018 by Order No. 18-116-01]
As used in this article, the following terms shall have the
meanings indicated:
Any object, wares, goods, promises, commodities, intangibles,
services, or other things of value, but not including food.
A person, firm, or corporation conducting business on a temporary
short-term basis from a nonfixed location, which may include traveling
by foot, cart, automotive vehicle, or any other type of conveyance;
or who without traveling from place to place is selling, exposing,
or offering for sale, bargain, trade, exchange, or giving, tangible
commodities, products, goods, or merchandise or any service where
delivery is made at, or after the time of the sale. A peddler shall
include "hawker" and "huckster." A peddler shall include a transient
seller. Peddling does not include newspaper deliveries, deliveries
made by common-carries such as the United Parcel Service or take-out
delivery made from licensed victualer as defined in the Code. Peddling
does not include casual transactions made between private citizens.
A person, firm, or corporation who engages in the business
of soliciting, selling, giving, exposing, or offering for sale, tangible
commodities, goods, or merchandise, whether new or used, or any service
where delivery is made at, or after the time of sale to consumers
by means of personal contact, telephone contact, text messaging, or
by other electronic means such as email, whether or not the seller
is present in the State at the time of the contact or the time of
sale, and who may or may not have, for the purposes of carrying on
such business, any permanent place of business within the State or
is conducting business on a temporary short-term basis from a nonfixed
location. Transient sellers shall include all business done solely
by electronic means or operating through an automatic teller or kiosk.
Transient seller does not include a person who sells at public fairs,
expositions, flea markets, or bazaars, or a member selling on behalf
of public service organizations. Transient seller does not include
a person who sells exclusively by mail contact.
No person, firm, or corporation may operate as a peddler until
such person, firm, or corporation first obtains a license for such
purpose from the City. Licenses under this article shall not be issued
unless the City Clerk receives affirmation from the Inspection Team
that the applicant's proposed operation meets all applicable requirements.
Any person carrying out such activity without a license is in violation
of these provisions. Failure to comply with any of these requirements
shall be deemed a violation of this article and is adequate grounds
for the denial, revocation, or suspension of a license.
License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued after the required fee has been paid through the City Clerk's office. The fee shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code for peddlers. Licensed premises as defined in this code are exempt from the fee for a peddler license.
License application shall be made to the City Clerk on a form furnished by the City Clerk for such purpose and shall include in addition to any other required information established under Chapter 149, Licensing:
A.
A brief description of the nature of the business and the tangible
commodity to be transacted.
B.
If a vehicle is to be used, a description of the same, together with
license number or other means of identification.
C.
A photograph of the applicant, taken within 60 days immediately prior
to the date of filing of the application.
D.
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.
E.
A full description of the location peddling is to be carried out
of if within a stationary or regular location and a letter of agreement
from the owner of record of the property that the applicant will make
transactions upon.
