10/01/2007 Council Packet - Laserfiche WebLink

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612. Transient Merchant, Peddler, Canvasser and Solicitor 612.01 Definitions. Subdivision 1. Transient Merchant. A "Transient Merchant" is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purpose uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that a transient merchant shall not be construed to mean any person who while occupying such temporary location, exhibits only samples 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 Chapter merely by reason of temporarily associating with or conducting such transient business in connection with a local businessman. Subd. 2. Peddler. A "Peddler" is any person traveling from place to place and/or house to house who carries his merchandise with him, offering and exposing the same for sale, and making deliveries to purchasers, or any person who, without traveling from place to place, shall sell or offer merchandise for sale from a vehicle or conveyance. Subd. 3. Canvasser or Solicitor. A "Canvasser" or "Solicitor" is any person traveling from place to place and/or house to house who takes orders for the future delivery of merchandise or for services to be preformed in the future, whether or not such person exposes a sample or collects advance payments on such sales; provided, however, that such definition shall also include any person who occupies any temporary structure, vehicle or other place for the primary purpose of exhibiting samples and taking orders for future delivery. 612.02 License Required. A license shall be required for any transient merchant, peddler, canvasser, or solicitor to operate in the City. The license period will be six (6) months. A single license may be issued to a company covering its employees or agents as long as an Application, required under Section five (5), hereof is completed, for each individual person operating in the City. 612.03 Exclusions. No person shall be required to obtain a license in the following instances: A) Occupations licensed and /or bonded pursuant to state law. B) A solicitor or canvasser doing business by appointment. C) A solicitor or canvasser taking orders for the future door -to -door delivery of newspapers. D) Salesmen selling foods to retail or wholesale stores or to professional or industrial establishments. E) The conduct of "garage sales" or "rummage sales ". F) No licenses shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. G) School aged children selling items for fund raisers.