For the purpose of
this article, the following words shall be considered to have the following
meanings:
(a) Soliciting shall mean and include any
one or more of the following activities:
(1) Seeking to obtain orders for the purchase of
goods, wares, merchandise, foodstuffs, services, of any kind, character or
description whatever, for any kind of consideration whatever; or
(2) Seeking to obtain prospective customers for
application or purchase of insurance of any type, kind or character; or
(3) Seeking to obtain subscriptions to books,
magazines, periodicals, newspapers and every other type or kind of publication.
(b) Residence shall mean and include every
separate living unit occupied for residential purposes by one or more persons,
contained within any type of building or structure.
(c) Canvasser or Solicitor shall mean any
individual, whether resident of the city or not, whose business is mainly or
principally carried on by traveling either by foot, automobile, motor truck, or
any other type of conveyance, from place to place, from house to house, or from
street to street, taking or attempting to take orders for sale of goods, wares
and merchandise, 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 or she is collecting advance payments on
such sales or not. Such definition shall include any person, who, for himself,
herself 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 city for the sole purpose of exhibiting
samples and taking orders for future delivery.
(d) Peddler shall mean any person, whether
a resident of the city or not, traveling by foot, automotive 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, or who, without traveling from place to
place, shall sell or offer the same for sale from a wagon, automotive vehicle,
railroad boxcar or other vehicle or conveyance, and further 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 article
shall be deemed a peddler.
(e) Transient merchant, itinerant merchant or
itinerant vendor are defined as any person, whether as owner, agent,
consignee or employee, whether a resident of the city or not, who engages in a
temporary business of selling and delivering goods, wares and merchandise
within such city, and who, in furtherance of such purpose, hires, leases, uses
or occupies any building, structure, motor vehicle, tent, railroad boxcar, or
boat, public room in hotels, lodging houses, apartments, shops or any street,
alley or other place within the city, for the exhibition and sale of such
goods, wares and merchandise, either privately or at public auction. 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 person so
engaged shall not be relieved from complying with the provisions of this article
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.
(f) Street salesman shall mean any person
engaged in any manner in selling merchandise of any kind from a vehicle or
stand temporarily located on the public streets or sidewalks of this city.
(Code 1990)
(a) It shall be unlawful to engage in the
practice of going in and upon private residences in the city by solicitors,
peddlers, hawkers, itinerant merchants and transient vendors of merchandise,
not having been requested or invited to do so by the owner or occupant of
private residences, for the purpose of soliciting orders for the sale of goods,
wares and merchandise, and/or for the purpose of disposing of and/or peddling
or hawking the same.
(b) For the first offense the violator shall be
fined not more than $50. For a second, and all subsequent violations, committed
within a 12-month period, the violator shall be fined an amount not more than
$100.
(Code 1990)