A “peddler or solicitor” within the meaning of this chapter means any person who goes from house to house or place to place in the city, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or services for present or future delivery, or for the making, manufacturing, or repairing of any article or thing whatsoever, for present or future delivery, except those selling to merchants for resale. (Ord. 474 § 1, 1964).

It is unlawful for any person to act as a peddler or solicitor within the meaning and application of this chapter unless he or his employer shall have first secured a license therefor in the manner provided by this chapter. (Ord. 474 § 2, 1964).

Any person or firm desiring to secure a peddler’s or solicitor’s license shall apply therefor in writing over his or her signature to the clerk-treasurer on forms provided by the city, and such application shall state as to each peddler or solicitor:
A. The name and address of each such peddler or solicitor;
B. The name and address of the person, firm, or corporation by whom employed;
C. The length of service of each such peddler or solicitor with such employer;
D. The place of residence and nature of the employment of each peddler or solicitor during the last preceding year;
E. The nature or character of the goods, wares, merchandise or services to be offered by each peddler or solicitor;
F. The personal description of each peddler or solicitor.
Such application shall be accompanied by such credentials and other evidence of the good moral character and identity of each peddler or solicitor as may be reasonably required from time to time by the city council. (Ord. 474 § 3, 1964).

If the city council determines that the facts set forth in the application are true, such peddler or solicitor is of good moral character, and that he proposes to engage in lawful and legitimate commercial or professional enterprise, the city council may then approve the application, and direct the clerk-treasurer to issue the license applied for. Such license shall expire on the thirty-first day of December of the year in which such license shall have been issued. Except as hereinafter provided, no license shall be issued until full investigation as aforesaid is made. (Ord. 474 § 4, 1964).

At the time application by any peddler or solicitor is made for such license a fee as established by resolution of the city council shall first be paid unto the city clerk-treasurer. In the event said license is denied by the city council, one-half of said fee shall be refunded to the applicant. (Ord. 1119 § 5, 2003: Ord. 474 § 5, 1964).

Such license shall be carried at all times by each peddler or solicitor for whom issued when soliciting or canvassing in the city, and shall be exhibited by any such solicitor whenever he or she is requested to do so by any police officer or any person solicited. (Ord. 474 § 6, 1964).

Any such license may be revoked by the city council for any violation by the employer or solicitor of any of the ordinances of the city or of any state or federal law, or whenever such peddler or solicitor shall, in the judgment of the city council, cease to possess the character and qualifications required by this chapter for the issuance of such license. (Ord. 474 § 7, 1964).

If any applicant for a license, including peddler or solicitor or his employer, is unwilling to receive a license only upon the conclusion of the investigation provided heretofore, and if he desires the issuance of a license by the city council immediately upon application, he may, in addition to the fee heretofore provided, deposit with the city clerk-treasurer a cash or surety bond to be approved by the city clerk-treasurer in the sum of one thousand dollars conditioned upon the making of final delivery of the goods ordered or services to be performed, in accordance with the terms of such order, or, failing therein, that the advance payment on said order be refunded, and, thereupon, such license or licenses may be immediately issued. Any person aggrieved by the actions of any such solicitor shall have a right of action on the bond for the recovery of the money or damages or both. Such bond shall remain on deposit for a period of ninety days after the expiration of such license unless sooner released by the city council. (Ord. 474 § 8, 1964).

Any orders taken by licensed peddlers or solicitors shall be in writing, in duplicate, stating the name as it appears on the license and address of both the peddler or solicitor and his employer, the terms thereof, and the amount paid to him in advance, and one copy shall be given to the purchaser. (Ord. 474 § 9, 1964).

This chapter shall not apply to the peddlers of, or to the taking orders for the sale of, any fruits, vegetables, berries, butter, eggs, milk, poultry, meats, or farm products raised or produced by such peddler or solicitor. (Ord. 474 § 11, 1964).

Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars.
Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. (Ord. 904 § 8, 1995; Ord. 535 § 1, 1972).