ARTICLE III.
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS1
Sec. 8-51 Definitions.
For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“City official” means any official charged with enforcement or inspection under this article.
“Peddler” means any person, whether a city resident or not, who travels from place to place, house to house, street to street, or in public places, conveying or transporting merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers.
“Solicitor” means a person other than a peddler, whether a city resident or not, who travels from place to place, house to house, street to street or in public places, taking or attempting to take orders for sale of merchandise, personal property of any nature whatsoever for future delivery, or for services to be performed in the future, whether or not samples are carried and shown and whether or not payment is collected. The definition includes any person who, for themself or another person, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, hotel, or motel room, lodging house, apartment, shop or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery.
“Transient merchant” means any person, whether as owner, agent, consignee, or employee, whether a resident of the city or not, who engages in the business of the sale and delivery of merchandise or services within the city; and who, in furtherance of the business hires, leases, uses or occupies any approved building, structure, tent, public room in hotels or motels, lodging houses, apartments, shops or other approved structures within the city for the exhibition and sale of merchandise. An example includes a vendor at a swap meet.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-52 Registration required.
(a) It is unlawful for any peddler, solicitor, or transient merchant to engage in any business within the city without registering with the financial services director or designee and obtaining an identification card showing such registration. Such applications shall be referred to the police chief and fire chief or designees for investigation.
(b) Prohibited practices.
(1) It is unlawful for any peddler, solicitor, or transient merchant to sell, offer to sell and/or exhibit for sale and delivery upon any street, alley, sidewalk, or right-of-way.
(2) It is unlawful for any peddler, solicitor, or transient merchant to operate in a congested area where such operating may inconvenience any public use area. For purpose of this chapter, the judgment of a city official, exercised in good faith, is conclusive as to whether the area is congested and the public impeded or inconvenienced.
(3) It is unlawful for any person to erect or maintain any booth, stand, or counter on any street, sidewalk, or right-of-way in the city for the purpose of barter, sale or trade, or to keep or maintain upon the streets, rights-of-way or alleys any wagon, cart, wheel, vehicle, movable booth or stand for the purpose of barter or trade without obtaining permission of the community development department.
(4) It is unlawful for any peddler, solicitor or transient merchant, in the course of business, to ring the doorbell or knock at any building whereon a sign containing some or all of the words “no peddlers, solicitors/solicitation, and/or transient merchants” is displayed.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-53 Exemptions.
The terms of this article do not apply to:
(a) Persons selling personal property at wholesale to dealers of such articles, newspaper carriers, or the acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this article prohibits any sale required by statute or by order of any court, or prevents any person from conducting a bona fide auction sale pursuant to law.
(b) Transient merchants who have obtained a temporary special event city business license or an annual city business license and are operating under an approved special event permit by the sponsor to sell merchandise at such special event.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-54 Issuance.
Registration cards under this article shall be issued, upon payment of the fee, to all applicants who have complied with section 8-14, unless the police chief discovers that the applicant is not a proper person to be permitted to go from house to house because of any of the following reasons:
(a) The applicant has a criminal record as outlined in section 8-15(b);
(b) The applicant has or is associated with a company that engaged in fraudulent dealings; or
(c) The proposed sales proposition includes some element of trickery, fraud or deceit, in which case, in the interest of public safety and protection, the applicant shall not be registered.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-55 Investigation.
Applicants shall be required to furnish a complete description of the product to be sold in the city, together with information regarding sales methods to be used and references that will enable the police chief and fire chief, or designees, to determine whether or not such applicant is qualified to receive a registration card. Investigations shall be completed within ten (10) days after the applicant has given the required information.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-56 Fees.
The fee shall be established by resolution of the city council fee schedule. Every applicant shall pay the applicable fees prior to the processing of an application unless such applicant is a charitable or religious organization, provided a copy of the applicant’s federal exempt status notification has been submitted.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-57 Display of registration.
Peddlers, solicitors and transient merchants must display the city-issued registration card at all times in the performance of their vendor activity. No city-issued registration card shall be used at any time by any person other than the one to whom it is issued.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-58 Revocation.
Registration cards may be revoked by the police chief or fire chief, or designees, at any time if deemed necessary in the interest of public safety and protection. A registrant may request a hearing within twenty (20) days of the notice of revocation. If timely requested, a hearing before the city manager will be held for the purpose of showing cause why the registration should not be revoked. The city manager shall set a time and place for a hearing and notice of hearing shall be given to the registrant. If no such hearing is requested, the revocation of the business license shall be upheld.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-59 Penalty.
Any person who violates any provision within this article shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1-8 and/or any applicable state statute.
(Ord. No. 1909, § 2, 8-18-20)
Secs. 8-60—8-70. Reserved.
Editor’s note: Ord. No. 827-R, § 1, adopted June 4, 1990, repealed Art. III of Ch. 8. Prior to such repeal, Art. III, §§ 8-101—8-107, provided for a bed tax and was derived from Ord. No. 290, §§ 1—3, 5—8, adopted June 19, 1977; Ord. No. 570, §§ 1, 2, adopted June 3, 1985; Ord. No. 581, §§ 2, 3, adopted July 1, 1985; Ord. No. 617, § 1, adopted July 21, 1986; and Ord. No. 656, adopted June 15, 1987.