[HISTORY: Adopted by the Town Board of the Town of St. Joseph 7-1-1976.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
C.
Newsboys.
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.
A.
Form and contents. Any person desiring to engage in business
as aforesaid shall obtain a license application form from the Town Clerk.
He shall fill out this application form stating:
(1)
The name of the applicant.
(2)
The permanent address of the applicant.
(3)
The nature of his business.
(4)
The name and address of the person, firm or corporation
the applicant represents.
(5)
A general description of the things intended to be sold.
(6)
The length of time for which the license is desired.
(7)
The place where the business is to be carried on.
(8)
The place or places of residence of the applicant for
the two previous years.
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.
A.
Upon compliance with §§ 176-4 through 176-7, the Town Clerk shall issue to the applicant a license. All licenses shall be numbered in the order in which they are issued and shall state clearly the place where the business may be carried on, the kinds of goods, wares and merchandise to be sold, disposed of or contracted for, the dates of issuance and expiration of the license, the fee paid and the name of the licensee.
B.
Such licenses shall automatically expire on January 1
following the date of issuance of such license, but such licenses may specifically
state and provide for an earlier expiration date.
C.
No license shall be granted to a person under 18 years
of age, and no applicant to whom a license has been refused or who has had
a license revoked shall make further application until at least six months
shall have elapsed since the last previous rejection or revocation, unless
he can show that the reason for such rejection or revocation no longer exists.
D.
Every licensee, while exercising his license, shall post
his license in a conspicuous place and shall exhibit the same upon demand
of any officer or customer or prospective vendee. A license shall not be assignable,
and any holder of such license who permits it to be used by any other person,
and also any person who uses a license granted to any other person, shall
be guilty of a violation of this chapter.
E.
Whenever a license shall be lost or destroyed a duplicate
in lieu thereof under the original application may be issued by the Town Clerk
upon the filing with him by the licensee of an affidavit setting forth the
circumstances of the loss and what, if any, search has been made for its recovery
and upon the payment of a fee as set by the Town Board.[1]
F.
On the expiration of the license, the licensee shall
surrender the same to the Town Clerk. No person shall alter or change in any
manner any license issued under the provisions of this chapter.
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.
