ARTICLE VIII. PEDDLERS, TRANSIENT MERCHANTS, SOLICITORS, HAWKERS, ITINERANT MERCHANTS AND TRANSIENT VENDORS* __________ *Editor's note: Ord. No. 00-14, adopted September 25, 2000, amended the Code by amending the title of art. VIII. __________ DIVISION 1. GENERALLY Sec. 22-371. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Hawker means an itinerant or traveling trader, who carries goods from door to door, in order to sell them to purchasers, in contradistinction to a trader who has goods for sale in a fixed location. Itinerant merchant/transient vendor means a person engaged in transient business either in one locality or in traveling from place to place selling goods, who, for the purpose of carrying out such business sells goods at retail from a car or other mobile unit. Peddler. (1) Peddler means any person who: a. Sells agricultural, forestry or other farm products from a temporary location; or b. Makes house-to-house or personal calls displaying samples, model goods, wares or merchandise or taking orders for shipment directly from a manufacturer. (2) Peddler excludes, however: a. Any person who sells agricultural, forestry or other farm products grown and sold on its farm, orchard, dairy, poultry farm, garden or other similar facility; or b. When the net proceeds of any such sale are to be used solely for charitable purposes. Soliciting means and includes any one or more of the following activities: (1) Seeking to obtain orders for the purchase of any goods, wares, merchandise, food stuffs, services of any kind, character or description whatever, for any kind of consideration whatever; or, (2) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. Solicitor means one who solicits. Transient merchant means any person who is not a regular retail or wholesale merchant with a permanent place of business in the city, but who does display samples, model goods, wares or merchandise in any lot, building, room or structure of any kind, whether fixed or mobile, for the purpose of the sale of or securing orders for the sale of such items or items of like kind or quality for immediate or future delivery; excluding, however: (1) Peddlers; (2) Any person who sells agricultural, forestry or other farm products; (3) Any person who conducts business at any industry or association trade show; (4) Any person who sells items at a rummage, garage, antique or similar sale when such person is a resident of the state or has a permanent place of business within the state and such sale is not a part of the regular business activity of such person; (5) When the net proceeds of such sale are to be used for charitable purposes. (Code 1976, § 7-40; Ord. No. 00-14, § 1, 9-25-00) Cross references: Definitions generally, § 1-2. Sec. 22-372. Registered agent. (a) All peddlers and transient merchants shall have and continuously maintain a registered agent, whose name and permanent address shall be kept on file with the city. (b) The registered agent shall be a resident of the county and shall be an agent upon whom any process, notice or demand required or permitted by law to be served upon the peddler of transient merchant may be served and in the same manner provided by law for the service of a summons and complaint. (c) The registered agent shall agree in writing to act as such agent, and a copy of the agreement shall be filed with the license application. (d) Nothing in this section shall limit or affect the right to serve any process, notice or demand in any other manner now or hereafter permitted by law. (Code 1976, § 7-43) Sec. 22-373. Operating regulations. (a) It shall be unlawful for any licensee to solicit, canvass or make calls within a residential neighborhood except between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday, 10:00 a.m. and 4:00 p.m. on Saturday, and additionally prohibiting solicitation on Sundays, state or national legal holidays, and during the month of December. (b) It shall be unlawful for any licensee to solicit, canvass or make a call at any residence where the owner or any person residing therein has posted a sign reading as follows: "No Solicitors," or similar warning. (c) It shall be unlawful for any licensee to fail to immediately leave the premises of any person when requested to do so by such person. (d) It shall be unlawful for any licensee using a motor vehicle or other vehicle in the operation of its business to operate such vehicle upon the streets of the city and use a loudspeaker or other device to create noise or attract customers. (e) It shall be unlawful for any transient merchant licensee to set up or display merchandise within any street right-of-way. (f) It shall be unlawful for any transient merchant licensee to set up or display merchandise or otherwise conduct business within any area not within the required zoning setback lines as contained in the zoning ordinance of the city. (Code 1976, § 7-46; Ord. No. 00-14, § 1, 9-25-00) Sec. 22-374. Notification of provisions of this article. It shall be the duty of the city clerk to provide a copy of this article to any person to whom a license is issued pursuant to this article. (Code 1976, § 7-47) Sec. 22-375. Door-to-door commercial solicitation prohibited. (a) The practice of going door-to-door to and from private residences in the city by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise not having been requested or invited to do so by the owner or owners, occupant or occupants of said private residences for the purpose of soliciting is declared to be a nuisance and punishable as such nuisance as a misdemeanor. (b) This section applies only to solicitation for the purpose of commercial or pecuniary gain. Said section in no way prohibits, restricts, or regulates door-to-door solicitation for noncommercial purposes or for purposes that are not primarily commercial. Said section shall not be interpreted to restrict or regulate any individual's freedom of religion, speech, or assembly. Additionally, said section in no way attempts to hinder the dissemination of thoughts, ideas, or expressions in furtherance of or in accordance with any constitutionally guaranteed right. (c) This section shall not apply to nonprofit, religious, charitable, civic, or veteran's organizations. Additionally, any person soliciting votes for a bona fide candidate for public office shall be exempted. Said exempted groups shall be required to meet the conditions set forth in the City Code §§ 22-373, 22-401, 22-402, 22-403, 22-404, and 22-405." (Ord. No. 00-14, § 1, 9-25-00) Sec. 22-376. Requirements of sellers permitted by subsection 22-375(c). A person who solicits potential customers door to door as a seller pursuant to the exception clause of subsection 22-375(c) is in violation of subsection 22-373(a) Operating regulations, unless the person: (1) Within 30 seconds after beginning the conversation: a. Provides identification of both the person and whom the person represents; b. Explains the purpose of the person's call; c. Provides a description in commonly understood terms of the goods or services offered for sale; and d. Inquires whether the person being solicited is interested in listening to a sales presentation and immediately discontinues the solicitation if the person being solicited gives a negative response; and (2) During the course of the solicitation states the total cost of the goods or services offered for sale and the number, timing and amount of installment payments if payment on an installment basis is available to the person being solicited. (Ord. No. 00-14, § 1, 9-25-00) Secs. 22-377--22-400. Reserved. DIVISION 2. LICENSE Sec. 22-401. Required. All peddlers and transient merchants desiring to do business within the city shall apply for and obtain a license prior to any operation of such business. The license shall be available for inspection by officials of the city at all times. (Code 1976, § 7-41) Sec. 22-402. Applications; contents. (a) Application for a peddler or transient merchant license shall be made to and on forms provided by the city. (b) Applications shall contain the following information: (1) The name and permanent address of the applicant; (2) The name and permanent address of the licensee; (3) The name and permanent address of the registered agent for service of process; (4) The name and address of each employee; (5) A description of the business to be conducted; (6) The address of the proposed business location or a description of the area to be canvassed; and (7) A nonrefundable investigation and administration fee as set forth in the schedule of fees and charges. (c) Applications for transient merchant licenses shall also contain written authorization for the use of the designated premises by the licensee. (Code 1976, § 7-42) Sec. 22-403. Issuance. Licenses shall be issued by the city upon submission of a proper application and upon payment of the appropriate license fee. However, no such license shall issue when the licensee, applicant or an employee, within the five years preceding the date of application, has been convicted of or pleaded guilty or nolo contendere to a federal or state felony, or any crime involving elements of fraud or theft or has been convicted of a violation of the solicitation ordinance, or to any person whose certificate of registration has been previously revoked or when in the opinion of the city clerk, based on the licensee's, applicant's or employee's past and present activity and conduct, denial of the license is necessary to protect the public health, safety and general welfare.