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ORDINANCE NO. 2003-374
<br />AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS,
<br />AND TRANSIENT MERCHANTS AND REQUIRING A PERMIT THEREFORE, AND
<br />PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
<br />The City Council of the City of Hugo hereby ordains:
<br />SECTION 1. Definitions. When used in this Ordinance the following terms have the following meanings:
<br />A. "Peddler" means any person, whether a resident of the City of Hugo or not, who goes from house to
<br />house, from place to place, or from street to street, conveying or transporting goods, wares or
<br />merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever,
<br />or offering or showing the same for sale, or making sales and delivering articles to purchasers.
<br />B. "Solicitor" means any person, whether a resident of the City of Hugo or not, who goes from house to
<br />house, from place to place, or from street to street, soliciting or taking or attempting to take orders for
<br />sales of goods, wares, or merchandise, including magazines, books, periodicals, or personal property of
<br />any nature whatsoever, for future delivery, or for service to be performed in the future, including orders
<br />for the performance of maintenance or repair service on homes or places of business, whether or not
<br />such individual has, carries, or shows for sale a sample of the subject of such order or whether or not he
<br />is collecting advance payments on such order. Such definition includes any person who, for himself, or
<br />for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, motor
<br />vehicle, trailer, tent, railroad boxcar, boat, hotel or motel room, lodging house, apartment, shop, street,
<br />alley, vacant lot or other place within the City for the purpose of exhibiting samples and taking orders
<br />for future delivery. Such definition includes any person, organization, society, association, or
<br />corporation, who solicits in its name of money, donations of money or "property," or financial
<br />assistance of any kind or sells or distributes any item of literature or merchandise for which a fee is
<br />charged, or solicits from persons other than members of such organizations, upon the streets, in office
<br />or business buildings, by house to house canvass, or in public places for a charitable, religious,
<br />patriotic, or philanthropic purpose.
<br />C. "Transient Merchant includes any person, firm, or corporation, whether as owner, agent, consignee, or
<br />employee, whether a resident of the City of Hugo or not, who engages in a temporary business of
<br />selling and delivering goods, wares and merchandise, including magazines, books, periodicals, or
<br />personal property of any nature whatsoever, within said City, and who, in furtherance of such purpose,
<br />hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat,
<br />hotel or motel room, lodging house, apartment, shop, or any street, alley, vacant lot or other place
<br />within the city for exhibition and sale of such goods, wares, and merchandise, either privately or at
<br />public auction.
<br />SECTION 2. Permit Required. It is unlawful for any peddler, solicitor, or transient merchant to engage in
<br />any business, solicitation of activities as described in Section 1 of this Ordinance within the City of Hugo
<br />without first obtaining a permit therefore in compliance with the provisions of this Ordinance.
<br />SECTION 3. Exemptions. This Ordinance does not apply to the following:
<br />A. Sales of goods, merchandise or services to businesses, commercial, or industrial users at their usual
<br />place of business.
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