§ 14-238. Peddler's license.

(a)

Required. Except as provided in this section, no person shall peddle any goods, wares, merchandise or other article or thing whatsoever, or otherwise act as a peddler, within the corporate limits of the city, without first having obtained a license to do so as provided in this section.

(b)

Peddling of certain items prohibited. No license shall be issued to peddle any game, drugs or medicines, and the peddling of such articles within the city is hereby prohibited and made unlawful for the protection of the public health and welfare, and no license shall be issued to peddle any meats, fish or poultry to any person who does not possess the necessary licenses or permits therefore from all regulatory agencies having jurisdiction over the handling and sale of such items, and the peddling of such articles within the city without the necessary licenses or permits is hereby prohibited and made unlawful for the protection of the public health and welfare.

(c)

Application; fee. Application for a peddler's license shall be made in writing to the city clerk at least seven days prior to the next regular city council meeting, at which time the application will be considered. The application shall set forth:

(1)

The names and addresses of all persons who will engage in peddling pursuant to the license to be granted.

(2)

A description of the goods, merchandise or services to be peddled.

(3)

The dates and times during which such peddling will occur pursuant to the license applied for.

(4)

The applicant's state business registration number issued by the state department of revenue, and other satisfactory evidence that sales made within the city will be reported as taxable sales within the city by the applicant.

In addition the application shall be accompanied by a fee of $25.00 per person peddling, per day or part thereof on which peddling pursuant to the license applied for will be conducted, with such fee to be returned in the event of the denial of the peddler's license for any reason.

(d)

Issuance; term. All peddler's licenses shall be issued by the city council, upon application made as provided in this section, for the term stated in the license and to the persons named in the application.

(e)

License privileges; hours of operation. The holder of a peddler's license shall be entitled to engage in peddling in accordance with the license so issued, provided that no peddling activity shall be conducted prior to 10:00 a.m. or after 8:00 p.m. on any day, or at any time on Sunday.

(f)

Identification card. The city will issue to all licensed peddlers a visible identification card which shall be worn by each person authorized to peddle pursuant to the license issued, which shall be worn visibly by all licensed peddlers at all times while peddling.

(g)

Exceptions. No peddler's license pursuant to this section shall be required for any peddler who solicits only at businesses within the city, who solicits at residences within the city only upon the express invitation of the occupant thereof or who is engaged in peddling for the purpose of fundraising for a governmental entity or for a church, charitable institution or other not-for-profit organization, provided that any such entity or organization relying upon this exemption shall notify the chief of police at least one week prior to any scheduled peddling activities of its reliance upon this exception and shall provide such information and substantiation thereof as he shall request.

(h)

Compliance with state law. The regulations of this section shall be in addition to all laws and regulations applicable to peddlers under the laws of the state, and any application for a license to be issued pursuant to this section must contain evidence of full compliance with all the laws of the state relating to such licensing and regulation.

(Code 1966, § 16.02; Ord. No. 90-O-032, § 2, 5-21-90; Ord. No. 93-O-043, § 1, 12-6-93; Ord. No. 97-O-038, § 1, 10-20-97)