§ 19-3. Licensing and exemptions.

(a)

City license required. Except as otherwise provided by this chapter, no person shall conduct business as either a peddler or a transient merchant without first having obtained a license from the city. Solicitors need not be licensed.

(b)

Exemptions. The terms of this section do not include:

(1)

The acts of merchants or their employees in delivering goods in the regular course of business.

(2)

The sale of farm or garden products by the person producing the same or where the products are sold at a "farmer's market".

(3)

Children, age eighteen or younger, soliciting for school sponsored activities.

(4)

Children, age eighteen or younger, soliciting for such organizations as the "Boy Scouts" or "Girl Scouts" where the children soliciting are members of the organization and where the proceeds of the sale are mainly devoted to the benefit of children.

(5)

Organizations selling Christmas trees at sites approved by the city.

(6)

"Garage" or "estate" sales.

(7)

Solicitations by any organization for the philanthropic, religious or educational causes if the following procedure has been accomplished: the requesting entity must file an application in writing, on a form to be furnished by the city clerk, which shall give the following information:

a.

Name and purpose of the cause for which exemption is sought.

b.

Name of the individual in the organization responsible for the peddling or solicitations.

c.

Names and addresses of the individuals who will actually be doing the peddling or solicitation.

d.

Period during which the peddling or solicitation is to be carried on.

e.

Certificate of nonprofit status from the state where organized.

(c)

Application. Application for a city license to conduct business as a peddler or transient merchant shall be made at least fourteen (14) regular business days before the applicant desires to begin conducting business. Notwithstanding that the business may be a corporation or other entity, each individual who will engage in the business of peddling or transient merchant shall make application on a form approved by the city council and available from the office of the city clerk. All applications shall be signed by the applicant. All applications shall include the following information:

(1)

Applicant's full legal name.

(2)

A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, and the like).

(3)

Full address of applicant's permanent residence.

(4)

Telephone number of applicant's permanent residence.

(5)

Full legal name of any and all business operations owned, managed or operated by applicant, or for which the applicant is an employee or agent.

(6)

Any and all business related telephone numbers of the applicant.

(7)

The dates during which the applicant intends to conduct business, and if the applicant is applying for a daily license, the number of days he or she will be conducting business in the city (maximum fourteen (14) consecutive days).

(8)

Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up business.

(9)

A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic offenses.

(10)

A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant.

(Ord. No. 2002-24, § 1, 10-8-02)