Chapter 5.20
PEDDLERS AND SOLICITORS
Sections:
5.20.010 Peddlers and hawkers – License required.
5.20.020 Sales made from vehicle or handcart.
5.20.030 Solicitors – Definitions.
5.20.040 Registration requirement.
5.20.050 Application for permission to solicit.
5.20.070 Stamped credentials nontransferable.
5.20.010 Peddlers and hawkers – License required.
(A) No person shall engage in the business of hawking or peddling, with or without a vehicle or handcart, on or about the streets, alleys, hotels, business houses, private dwellings, or any public or private place in the City, or offer for sale from house to house or door to door, any jewelry, cutlery, clocks, medicine, goods, wares, or merchandise of any kind, or any meats, fish, fruits, produce, ice-cream, or other articles or things, or take orders for such goods, wares, or other articles or things, for immediate or future delivery, without first having obtained a license therefor as provided in this title. The license issued pursuant to this section shall be considered an “annual license,” and shall expire on December 31st of the year of issuance.
(B) Nothing in this section shall be construed to apply to any farmer, gardener, or fruit or vegetable grower engaged in selling the produce of his own farm, orchard, or vineyard, or such a person who sells or takes orders for goods to be sold and delivered to merchants, traders, or dealers who purchase the goods for the purpose of resale.
(C) Nothing contained in this section shall be construed to apply to newsboys. No person under the full age of 14 years shall engage in the business of hawking or peddling under any circumstances, with the exception of newsboys.
(D) No license shall be transferable or shall authorize any other person than the one named therein to sell thereunder. [Ord. G-64-13, passed 10-9-64. 1962 Code § 735.01; 1982 Code § 114.01; 1983 Code § 11.114.01.]
5.20.020 Sales made from vehicle or handcart.
No person engaged in the business of hawking or peddling, as herein defined, shall conduct the business from a vehicle or handcart which is standing in one location, whether occupied or not, except temporarily and then only for the purpose of and while actually engaged in the transaction of a sale. Further, the temporary standing shall not exceed 15 minutes. [Ord. G-64-7, passed 8-3-64. 1962 Code § 735.05; 1982 Code § 114.03; 1983 Code § 11.114.03.]
Cross-reference: General license fee schedule, EMC 5.05.060.
5.20.030 Solicitors – Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Goods, wares, merchandise, and services” includes, but is not limited to, magazines, periodicals, printed matter, and advertising space in any publication.
“Registration” shall not be construed to be a permit to enter privately policed areas. [1962 Code § 755.01; 1982 Code § 114.10; 1983 Code § 11.114.10.]
5.20.040 Registration requirement.
No person over 16 years of age shall solicit orders from door to door or on any street or public place within the City for the future delivery of any goods, wares, merchandise, or services without first registering as provided in this chapter. [1962 Code § 755.02; 1982 Code § 114.11; 1983 Code § 11.114.11.]
5.20.050 Application for permission to solicit.
(A) An applicant for permission to solicit orders hereunder shall complete an application blank provided by the Police Department. The application blank shall contain the following information:
(1) The name, home address, and local address, if any, of the applicant;
(2) A physical description of the applicant, setting forth the applicant’s age, height, weight, and color of hair and eyes;
(3) The name and address of the person, firm, or corporation for whom or through whom orders are to be solicited or cleared, including both the home address and the address of the office or branch out of which the applicant works;
(4) The nature of the goods, wares, merchandise, or services for which orders are to be solicited;
(5) A statement as to whether the applicant has been arrested or convicted of any crime and, if so, what;
(6) A statement as to the period during which the applicant intends to solicit orders, which shall be not longer than until December 31st of the calendar year during which the application is made.
(B) The applicant, at the time of executing the application blank, shall also submit identification satisfactory to the Police Department, which shall contain a specimen of the applicant’s signature and a recent photograph of the applicant small enough to be attached to his application blank or card. [1962 Code § 755.03; 1982 Code § 114.12; 1983 Code § 11.114.12.]
5.20.060 Approval.
Upon compliance by the applicant with the provisions of EMC 5.20.050, the Police Department shall stamp its approval on the application blank submitted by the applicant. The Police Department shall not be required to grant approval to any person who has been convicted of any felony or misdemeanor involving moral turpitude or any violation of this chapter. [1962 Code § 755.04; 1982 Code § 114.13; 1983 Code § 11.114.13.]
5.20.070 Stamped credentials nontransferable.
Stamped credentials shall be nontransferable and shall entitle the holder thereof, for the period indicated therein, unless revoked, to solicit orders within the City for the purchase of the merchandise specified in his application; however, the holder shall have his stamped credentials in his possession at all times while soliciting orders and shall exhibit them at any time upon request by any law enforcement officer of the City or any purchaser or prospective purchaser. [1962 Code § 755.05; 1982 Code § 114.14; 1983 Code § 11.114.14.]
5.20.080 Exceptions.
This chapter shall not apply to salesmen selling goods to retail or wholesale stores for resale. Any person who has, and has had for the preceding 12 months, a regular place of business within the City, and any person employed by or soliciting for any person who has, and has had for the preceding 12 months, a regular place of business within the City, shall not be required to register before soliciting orders. [1962 Code § 755.06; 1982 Code § 114.15; 1983 Code § 11.114.15.]
5.20.090 Penalty.
Any person violating any of the provisions of this chapter for which another penalty is not provided shall be fined not more than $300.00 and costs. Each day’s continued violation shall constitute a separate offense. [1962 Code § 701.99; 1983 Code § 11.114.99.]