[Code 1968, § 6-101]
It shall be unlawful for any person to travel from place to
place for the purpose of exposing any goods, wares or merchandise
for sale, or to take orders for goods, wares or merchandise by sample
lists without first obtaining a license as provided in this article;
provided, however, that nothing contained in this article shall prevent
any manufacturer, farmer, mechanic or nurseryman from selling his
work or produce by sample, nor shall any wholesale merchant be prohibited
by anything contained in this article from selling to dealers, by
samples, without a license, nor shall any person be prevented from
selling or delivering newspapers without a license.
[Code 1968, § 6-102]
(a)
Applicants for a license under this article shall file with the City
Clerk a sworn application containing the following information:
(1)
The name of the person having the management or supervision
of business during the time it is proposed to be carried on in the
City; the local address of such person while such person is engaged
in such business; the permanent address of such person; the capacity
in which such person will act; the name and address of the person
for whose account the business will be carried on, if any; and if
a corporation, the laws of the state in which such business is incorporated.
(2)
The places in the City wherein such business is proposed to
be carried on; the length of time during which it will be conducted;
the places, other than the permanent place of business of the applicant,
where the applicant, within six months preceding the date of the application,
has conducted a transient business, stating the nature of such business,
and giving the post office and street address of any building or office
in which the business was conducted.
(3)
A statement of the nature, character and quality of the goods,
wares or merchandise to be sold or offered for sale; the invoice value
of the goods, wares and merchandise; whether such goods, wares and
merchandise are to be sold from stock in possession, by sample, at
auction, by direct sale or by taking orders for future delivery; where
the goods or products proposed to be sold are manufactured or produced;
and where such goods or products are located at the time the application
is filed.
(4)
A brief statement as to the nature and character of the advertising
done, or proposed to be done, in order to attract customers.
(5)
Whether or not the person having the management of the applicant's
business has been convicted of a crime or misdemeanor, or the violation
of any municipal ordinance, except traffic violations and the nature
of the offense and the punishment assessed.
(6)
Credentials from the person for which the applicant proposes
to do business.
(7)
Such other reasonable information as to the identity or character
of the person having the management or supervision of the business,
or the method or plan of doing the business, as the City Clerk may
deem proper for the protection of the public good.
[Code 1968, § 6-103]
Before a license is issued under this article, the applicant
shall file with the City Clerk, a bond running to the City in the
sum as adopted by resolution of the City Council from time to time,
executed by the applicant's principal and two sureties upon which
service of process may be made in the state. The bond is conditional
upon the applicant's full compliance with all of the provisions
of the ordinances of the City and the laws of the state regulating
and concerning the sale of goods, wares and merchandise, and upon
the applicant's payment of all judgments rendered against him
for any violation of such ordinances or statutes, including all judgments
and costs that may be recovered against him by any person for damage
growing out of any misrepresentation or deception practiced on any
person transacting business with the applicant, whether the misrepresentation
or deception was made or practiced by the owners or by their servants,
agents or employees, either at the time of making the sale or through
any advertisement of any character whatsoever. Action on the bond
may be brought in the name of the City for the use of the aggrieved
person. The bond shall be approved by the City Attorney, both as to
form and the responsibility of the sureties on such bond.
[Code 1968, § 6-104]
Before any license is issued under this article, the applicant
shall file with the City Clerk an instrument nominating and appointing
the City Clerk as his true and lawful agent with full power and authority
to acknowledge service or notice of process for and on behalf of the
applicant in respect to any matters connected with or arising out
of business transacted under the license.
[Code 1968, § 6-105]
A license issued under this article shall be carried on the
person of the licensee, and shall be displayed upon request to any
person.
[Code 1968, § 6-106]
Each applicant for a license under this article, before being
granted such license, shall pay the fee as adopted by resolution of
the City Council from time to time. No license fee is required from
a person who is exempt from the payment of such fee by a provision
of state or federal law, or from religious organizations, fraternal
organizations, girl scouts, boy scouts, service organizations and
other nonprofit organizations.
