Chapter 5.30
TRANSIENT MERCHANTS, PEDDLERS,
SOLICITORS AND CANVASSERS
Sections:
Article I. In General
5.30.040 Signs prohibiting peddlers and solicitors.
5.30.050 Sale of products by farmers exempted.
5.30.060 Wholesalers exempted.
5.30.070 Association with local dealers, etc.
5.30.080 Visiting private residences without permission.
Article II. Licenses
5.30.100 Filing and contents of applications.
5.30.110 Investigation of applicant – Issuance – Records.
5.30.130 Minimum term – Expiration.
For case holding that taxation which leaves out-of-state sellers in the same position as in-state sellers does not violate the commerce clause of the United States Constitution, see Breard v. City of Alexandria, Louisiana, 341 U.S. 622, 91 L.E. 1223, 71 S.Ct. 920.
For case holding that ordinance barring nonresidents of state from selling by sample and taking orders for goods without first procuring license is in contravention of the commerce clause of the United States Constitution, see Clements v. Town of Casper, 4 Wyo. 494, 35 P. 472 (1894).
For case holding that when local police regulation has a real relation to suitable protection of the people and is reasonable in its requirement, it is not invalid because it may incidentally affect interstate commerce; provided, that it does not conflict with federal statutes, see Town of Green River v. Bunger, 50 Wyo. 52, 58 P.2d 456 (1936). Appeal to United States Supreme Court dismissed, see case of J.L. Bunger v. Town of Green River, Wyoming, 300 U.S. 638, 57 S. Ct. 510.
For case holding that only undue or discriminatory burdens upon commerce are forbidden by the commerce clause of the United States Constitution, see Breard v. City of Alexandria, Louisiana, 341 U.S. 622, 91 L.E. 1223, 71 S. Ct. 920.
As to administration generally, see WMC Title 2. As to licenses generally, see other chapters in this title.
Article I. In General
5.30.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Canvasser or solicitor” means any individual, whether a resident of the town or not, traveling either by foot, or any type of conveyance, from place to place or from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided, that such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the town for the sole purpose of exhibiting samples and taking orders for future delivery.
“Peddler” means any person, whether a resident of the town or not, traveling by foot, wagon, automobile, vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers; provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word “peddler” shall include the words “hawker” and “huckster.”
“Transient merchant” means any person whether as owner, agent, consignee or employee, whether a resident of the town or not, who engages in a temporary business of selling and delivering goods, wares and merchandise, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public rooms in hotels, lodging houses, apartments, shops or any streets, alleys or other places for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The term “transient merchant” shall include the terms “itinerant merchant” and “itinerant vendor.” [1996 Code § 19-1.]
For case discussing definition of peddlers, hawkers, etc., see Clements v. Town of Casper, 4 Wyo. 494, 35 P. 472 (1894).
5.30.020 Bonds.
Before any license to engage in any business regulated by this chapter shall be issued, the applicant for such license shall file with the town clerk a bond running to the town in the sum of $1,000 executed by the applicant, as principal, and two sureties upon which service of process may be made in the state; such bond to be approved by the town attorney conditioned that the applicant shall comply fully with all of the provisions of this chapter and all of the provisions of this code and state law, regulating and concerning the business for which the applicant seeks a license and the payment of license fees, and will pay all judgments rendered against the applicant for any violation of such laws together with all judgments and costs that may be recovered against him by any person for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether such misrepresentations or deceptions were made or practiced by the owners or by their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Action on the bond may be brought in the name of the town to the use of the town or aggrieved person, as the case may be. Such bond must be approved by the town attorney both as to form and as to the responsibility of the sureties thereon. [1996 Code § 19-2.]
5.30.030 Service of process.
Before any license shall be issued for engaging in any business regulated by this chapter, such applicant shall file with the town clerk an instrument nominating and appointing the town clerk his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the business transacted under such license and the bond given as required by this chapter, or for the performance of the conditions of such bond or for any breach thereof, which instrument shall also contain recitals to the effect that such applicant for license consents and agrees that service of any notice or process may be made upon the agent, and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this chapter, according to the law of this state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the town clerk, as herein provided, the town clerk shall send to the licensee at his last known address, by registered mail, a copy of such process. [1996 Code § 19-3.]
5.30.040 Signs prohibiting peddlers and solicitors.
It shall be unlawful for any peddler or solicitor or canvasser to ring the doorbell or knock on the door of any residence, dwelling, flat or apartment whereon a sign bearing the words “No Peddlers,” or other words of similar import is painted or affixed or exposed to public view, or to attempt to gain admittance thereto; provided, that the provisions of this section shall not apply to any solicitor or canvasser who knocks at any door, or rings any bell at the invitation or with the consent of some member of the household at which he so applied for admission. [1996 Code § 19-4.]
5.30.050 Sale of products by farmers exempted.
Nothing in this chapter shall apply to any farmer or producer who sells or disposes of his own agricultural products, including fruits or vegetables, or of beef, mutton or pork; provided, that such meats are produced in accordance with all health regulations and laws, if such merchandise is produced by him in the state. [1996 Code § 19-5.]
5.30.060 Wholesalers exempted.
No license shall be required of drummers, traveling salesmen or other persons engaged in soliciting or taking orders exclusively from the trade or established wholesale or retail dealers, for the delivery of goods, wares or merchandise by wholesale. [1996 Code § 19-6.]
5.30.070 Association with local dealers, etc.
Persons engaged in any business regulated by this chapter shall not be relieved from complying with provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. [1996 Code § 19-7.]
5.30.080 Visiting private residences without permission.
It shall be unlawful for any person to engage in the practice of going in and upon private residences in the town by solicitors, agents or representatives, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited to do so by the owners or occupants of such private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise or for the purpose of disposing of or peddling or hawking the same or soliciting orders for goods or services or for taking orders for any type of contract for present or future completion or continuation. [1996 Code § 19-8.]
For case holding that ordinance declaring uninvited visitation of private residences by solicitors, peddlers, hawkers, itinerant merchants and transient vendors a nuisance punishable as a misdemeanor is valid exercise of police power to prevent disturbances and is not repugnant to the commerce clause of the United States Constitution, see Town of Green River v. Bunger, 50 Wyo. 52, 58 P. 2d 456 (1936). Appeal to United States Supreme Court dismissed, see case of J.L. Bunger v. Town of Green River, Wyoming, 300 U.S. 638, 57 S. Ct. 510.
For case holding that an ordinance forbidding the going on private premises by solicitors, peddlers, hawkers, itinerant merchants and transient vendors in the absence of an invitation by the owners or occupants does not contravene the due process clause where reasonable bases exist for the ordinance, see Breard v. City of Alexandria, Louisiana, 341 U.S. 622, 91 L.E. 1223, 71 S. Ct. 920.
For case holding that an ordinance forbidding the going on private premises by solicitors, peddlers, hawkers, itinerant merchants and transient vendors in the absence of an invitation by the owners or occupants does not infringe upon the rights to free speech granted by the United States Constitution, see Breard v. City of Alexandria, Louisiana, 341 U.S. 622, 91 L.E. 1223, 71 S. Ct. 920.
For case discussing definition of peddlers, hawkers, etc., see Clements v. Town of Casper, 4 Wyo. 494, 35 P. 472 (1894).
For case holding that when local police regulation has a real relation to suitable protection of the people and is reasonable in its requirement, it is not invalid because it may incidentally affect interstate commerce; provided, that it does not conflict with federal statutes, see Town of Green River v. Bunger, 50 Wyo. 52, 58 P.2d 456 (1936). Appeal to United States Supreme Court dismissed, see case of J.L. Bunger v. Town of Green River, Wyoming, 300 U.S. 638, 575 Ct. 510.
For case holding that ordinance barring nonresidents of state from selling by sample and taking orders for goods without first procuring license is in contravention of the commerce clause of the United States Constitution, see Clements v. Town of Casper, 4 Wyo. 494, 35 P. 472 (1894).
Article II. Licenses
5.30.090 Required.
It shall be unlawful for a transient merchant, peddler, solicitor or canvasser to engage in any such business without first obtaining a license therefor in compliance with the provisions of this article. [1996 Code § 19-9.]
5.30.100 Filing and contents of applications.
Applicants for a license under this article shall file with the town clerk a sworn application in writing which shall give the following information:
(a) The name and description of the applicant.
(b) The permanent home address and full local address of the applicant.
(c) A brief description of the nature of the business and the goods to be sold.
(d) If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(e) The length of time for which the right to do business is desired.
(f) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery.
(g) A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
(h) The names of at least two reliable property owners of the town who will certify as to the applicant’s good character and business respectability, or, in lieu of the names of references, such other available evidence to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
(i) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any town law, the nature of the offense and the punishment or penalty assessed therefor. [1996 Code § 19-10.]
5.30.110 Investigation of applicant – Issuance – Records.
(a) Upon receipt of such application, it shall be referred to the chief of police who shall cause investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good.
(b) If the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the application to the town clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
(c) If the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return such permit, along with the application, to the town clerk, who shall upon payment of the prescribed license fee issue a license. Such license shall contain the signature and seal of the town clerk and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the period for which the same shall be operative, as well as the license number and other identifying description of any vehicle used. The town clerk shall keep a permanent record of all licenses issued. [1996 Code § 19-11.]
5.30.120 Fees.
The license fee which shall be paid to the town clerk upon the issuance of a license hereunder shall be as established by the town council from time to time; provided, that if any person has more than one person engaged in the business of peddling or uses more than one motor truck, wagon or other vehicle in such business of peddling, the license fees shall be paid for each of such persons, motor truck, wagon or vehicle used in such business; and provided, that if any person has more than one person engaged in the business of soliciting or canvassing, the foregoing license fee shall be paid for each person engaged in such business. [1996 Code § 19-12.]
5.30.130 Minimum term – Expiration.
The town clerk shall not issue any license hereunder nor accept any license fee for less than one day. A license issued for one day shall expire at 12:00 midnight of the date of issuance of such license. A license issued for one week shall expire at 12:00 midnight on the seventh day after issuance. A license issued for one month shall expire at 12:00 midnight on the thirtieth day after issuance, counting both the first and last days. A license issued for two months shall expire at 12:00 midnight on the sixtieth day after issuance, counting both first and last days. A license issued quarterly shall be issued only for the current quarterly periods commencing in January, April, July and October. All quarterly licenses issued shall expire upon the termination of the current quarterly period during which they shall have been issued. [1996 Code § 19-13.]
5.30.140 Exhibition.
Any person licensed under the provisions of this chapter shall exhibit his license at the request of any citizen. [1996 Code § 19-14.]
5.30.150 Transfer.
No license issued under the provisions of this chapter shall be transferred. [1996 Code § 19-15.]
5.30.160 Revocation.
(a) Licenses issued under the provisions of this chapter may be revoked by the town council after notice and hearing, for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license.
(2) Fraud, misrepresentation or false statement made in the course of carrying on the business.
(3) Any violation of this chapter.
(4) Conviction of any crime or misdemeanor involving moral turpitude.
(5) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing. [1996 Code § 19-16.]