Itinerant Merchant Permit Application

CHAPTER 78 - PEDDLERS AND SOLICITORS
ARTICLE II. ITINERANT MERCHANTS
DIVISION 2. LICENSE

Sec. 78-51.     Required.
It is unlawful for any person to sell food, produce, pottery, objects of art, goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines, from a motor vehicle or trailer parked in a single location on private property or public property, or go door to door without first securing a license to do so from the city secretary. It is unlawful to make door to door solicitations before 9:00 a.m. or after 6:00 p.m. (Ordinance 172, sec. 1, 1983; Ordinance 88-05, sec. 5(A); Code 1989, sec. 5.12.020; Ordinance 03-18, sec., adopted 9/25/03)

Sec. 78-52.     When not required.
The provisions of this article shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to local nonprofit organizations. (Ordinance 172, sec. 6, 1983; Code 1989, sec. 5.12.030; Ordinance 92-05, sec. 1, 1992)

Sec. 78-53.     Application.     Download the Itinerant Merchant Permit, print, notarize and submit.
Any person desiring to sell or solicit orders for food, produce, pottery, objects of art, goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines shall make written application to the city secretary for a license to do so, which application shall show:

  1. The name and address of the applicant;
  2. The name and address of the person, if any, that he represents;
  3. The kind of goods offered for sale;
  4. Whether such applicant, upon any such sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery; and
  5. The period of time such applicant wishes to sell or solicit in the city.
(Ordinance 172, sec. 2, 1983; Ordinance 88-05, sec. 5(B); Code 1989, sec. 5.12.040)

Sec. 78-54.     Investigation and issuance.
The chief of police shall cause an investigation of the applicant for a license under this division, to be made as he deems necessary for the protection of the public good. If as a result of such investigation the chief of police determines that a license shall not be issued, the city secretary shall notify the applicant that the application is disapproved and that no permit and license will be issued. Such finding may be based on a finding that an applicant is a fugitive from justice. If as a result of such investigation the chief of police determines that a license shall be issued, the city secretary shall, upon payment of the prescribed fee, deliver to the applicant the permit and issue a license. Such license shall contain the signature and seal of the city secretary and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold under the license, the date of issuance and the length of time the license shall be operative, as well as the license number and other identifying description of any vehicle used in such peddling, soliciting or canvassing. The city secretary shall keep a permanent record of all licenses issued and shall forward a copy of the license to the city police department. (Ordinance 172, sec. 8, 1983; Ordinance 88-05, sec. 5(D); Code 1989, sec. 5.12.050; Ordinance 04-01, sec. 2, adopted 1/8/04)

Sec. 78-55.     Bond required.
The application mentioned in section 78-53 shall be accompanied by a bond in the penal sum of $1,000.00, signed by the applicant and signed, as surety, by some surety company authorized to do business in the state, conditioned for the final delivery of food, produce, pottery, objects of art, goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines, in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of the bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on the bond, or to an agent or employee of the principal; provided, that in case the applicant is a person engaging in any activity mentioned in this section through one or more agents or employees, such person shall be required to enter into only one bond, in the sum of $1,000.00 as required in this section, which bond shall be made to cover the activities of all its agents or employees. (Ordinance 172, sec. 3, 1983; Code 1989, sec. 5.12.060)

Sec. 78-56.     Fee; duration.
The license fee for an itinerant merchant or an itinerant vendor shall be in the amount set forth in the city’s master fee schedule for either 30 days or one year from the date of issuance. However, when any person engages in any activity for which a license is required by this article, such person shall pay the fees set forth in the master fee schedule for each agent or employee so engaged, all of which licenses shall be valid for a period of either 30 days or one year from the date of issuance, depending on duration of license purchased. An option for renewal of an annual license fee is available if application for renewal is made prior to the expiration date of the current license. The annual renewal license shall be the fee set forth in the master fee schedule. (Ordinance 172, sec. 5, 1983; Code 1989, sec. 5.12.070; Ordinance 04-01, sec. 3, adopted 1/8/04; Ordinance 04-11, sec. 1, adopted 7/22/04; Ordinance 12-13, sec. 10, adopted 7/26/12)