As used in this chapter, the following terms shall have the meanings
indicated:
TRANSIENT MERCHANT
Includes any peddler, canvasser, solicitor or transient merchant,
or agent or employee, who engages in, does or transacts any temporary or transient
business in the town, either in one location or by moving his place of business
from place to place in the town, selling goods, wares or merchandise or soliciting
for such trade, and whether or not for the purpose of carrying on such business
such individual hires, leases, occupies or uses a building, structure, vacant
lot or vehicle for the exhibition or sale of such goods, wares and merchandise.
This chapter shall not include:
A. Any sale required by statute or by order of any court
or any bona fide auction sale pursuant to law.
B. The acts of persons selling personal property at wholesale
to dealers in such articles.
D. The acts of merchants or their employees in taking orders
at the houses of their customers for goods held by them in stock at established
places of business within the town nor the acts of said merchants or their
employees in delivering such goods in the regular course of business.
E. Vendors of dairy products, fruit juices, bakery goods,
groceries, or ice products to regular customers on established routes.
F. Any church or charitable or fraternal organization whose
principal location is in the town.
No transient merchant shall sell, offer to sell, vend or dispose of
goods, wares or merchandise within the town without first having obtained
a license.
At the time of filing the application an investigation fee, as set by
the Town Board, for each person to be covered by the license shall be paid
to the Town Clerk to cover the cost of investigation of the facts stated in
the application. The application shall be referred to the Town Constable,
who may require additional information for the effective enforcement of this
chapter and the safeguarding of the residents of the town from fraud, misconduct
or abuse. Religious, charitable, patriotic or philanthropic agencies or their
agents shall not be required to pay the application fee.
Upon receipt of each such application, the Town Constable shall institute
such investigation of the applicant's business and moral character as
he deems necessary for the protection of public good and shall endorse his
approval or disapproval upon said application within 72 hours after it has
been filed with him and shall return the application to the Town Clerk with
his findings.
If the Town Clerk determines from the investigation of said application
that the interests of the town or of the inhabitants of the town require protection
against possible misconduct of the licensee, he may require the applicant
to file a bond in the sum of $500, with surety acceptable to the Town Clerk,
running to the town, and laws of the state relating to peddlers, canvassers,
solicitors or transient merchants and guaranteeing to any citizen of the town
doing business with him that the property purchased will be delivered according
to the representations of the applicant, provided that the action to recover
on any such bond shall be commenced within six months after the expiration
of the license of the principal.
All orders taken by a licensee who receives payment or a 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 of money is paid.
A licensed transient merchant shall:
A. Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale or offer for sale any
unwholesome or tainted food or foodstuffs.
B. Not use the license provided by the town after the expiration
or revocation of the license.
C. Keep the licensed premises in a clean and sanitary condition
and the foodstuffs offered for sale well covered and protected from dirt,
dust and insects.
D. Keep the place occupied by him in a clean and sanitary
condition and before leaving such place remove all paper, debris and rubbish.
Any person who violates this chapter shall, upon conviction thereof,
forfeit not more than $250, plus the costs of the prosecution for the violation.