HomeMy WebLinkAboutCity Council Ordinance 1974-02CITY OF PLYMOUTH
ORDINANCE NO. 74-2
AN ORDINANCE AMENDING CHAPTER III, SECTION 19
OF THE CITY CODE RELATING TO SOLICITORS,
PEDDLERS AND TRANSIENT MERCHANTS
THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Amendment of City Code. Section 19 of
Chapter III of the City Code is hereby repealed and the
following substituted therefor.
"Section 19. SOLICITORS, PEDDLERS AND TRANSIENT
MERCHANTS LICENSING AND REGULATION
19.01. Definitions. The following terms have the
meanings ascribed to them in this section:
(a) 'Peddler' includes any person who with no
fixed place of business goes from house to house,
from place to place, or from store to store conveying
or transporting goods, wares or merchandise or offering
or exposing the same for sale or making sales and
deliving articles to purchasers.
(b) 'Solicitor' includes any person who goes
from house to house, from place to place or from street
to street soliciting or taking or attempting to take
orders for sale of goods, wares, merchandise or
personal services of any nature whatsoever for future
delivery or future performance whether or not such
individual has, carries, or exposes for sale, a sample
of subject of such order or whether or not he is
collecting advance payments for such orders. Any such
activity shall be deemed soliciting if it has as its
ultimate purpose the obtaining of orders of such nature,
even though it may not purport, initially, to be an
effort to obtain such an order.
(c) 'Transient merchant' means any person, firm
or corporation who engages temporarily in the business
of selling and delivering goods, wares, or merchandise
within the city and who, in furtherance of such
purposes, hires, leases, uses or occupies any building,
structure, vacant lot, motor vehicle, trailer, or
railroad car.
19.02 Registration Reauired. No peddler, solicitor,
or transient merchant shall sell or offer for sale
any goods, scares, or merchandise within the city
unless; a license therefor shall first be secured as
provided in this ordinance.
19.03. Registration Fee. There is a registration
fee of $10.00 for such person registering in accordance
with this section.
19_.04. Conditions Governing Registration. Registra-
tion `shall 'be made with the City Clerk of the
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City at least five (5) days prior to the date when
the activity to be carried on is to commence. Persons
registering must file with the City- Clerk -an accurate
sworn registration statement in writing, on a form
furnished by the City Clerk, which gives the following
information:
(1) Name and physical description of the
applicant;
(2) Complete home and local address of the
applicant, and, in the case of transient merchants, the
local address from which proposed sales will be made;
(3) A brief description of the nature of the
business and the product or services involved;
(4) If employed, the name and address of the
employer, together with credentials therefrom,
establishing the exact relationship;;
(5) The dates and hours of the day during which
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the activity will be carried on;
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(6) The source of supply of any goods or
property proposed to be sold or orders taken for the
sale thereof, where such goods or products are located
at the time said registration is filed and the proposed
Method of delivery;
(7) Two copies of a recent photograph of the
registrant, which picture is approximately 2 1/2 x-
2 1/2", showing the head and shoulders of the applicant
in a clear and distinguishable manner;
(8) A statement as to whether or not the
registrant has been convicted of any crime, misdemeanor
or violation of any crime, misdemeanor or violation of
any municipal ordinance of any municipality other than
traffic violations, the nature of the offense and the
punishment or penalty assessed therefor;
(9) The last municipalities, not to exceed five
where the applicant carried on business immediately
preceding the date of the application and the address
from which such business was conducted in those munici-
palities.
19.05. Exemptions. The provisions of this section
do not include the acts of persons enga4ed in the
following activities:
(1) Selling personal property at wholesale to
dealers in such articles;
(2) Acting as newsboys;
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Ordinance Nd. 74-2
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(3) Selling products of the farm or garden
occupied and cultivated by the person selling such
products;
(4) Soliciting money, donations or financial
assistance of any kind For any religious or charitable
organization or selling or distributing literature or
merchandise for which a fee is charged or solicited
on behalf of such an organization. This exception
does not inclue,2 any activity which has as its primary
purpose profit for the individuals who are {engaged 4.n
such activity;
(5) Calling upon householders :`_n connection with
a regular route service for the sale and delivery of
perishable daily necessities of life such as bakery
products and dairy products. This exception does
not relieve such person of the duty of compliance with
any other applicable provision of this code."
19.06. Proof of Registration. Upon receipt of a
complete registration, the clerk shall transmit the
same to the chief of police for approval. Every
registration shall bear the written approval of the
Chief of Police. Within five (5) days after such
registration the City Clerk shall provide the regis-
trant with a written certificate showing proof of
registration with him. Such proof of registration shall
have one copy of the registrant's photograph attached
to it, and shall be exhibited by the registrant upon
request of any police officer or of any person in the
City who is being contacted by the registrant in
pursuance of the registrant's registered activity.
19.07. Registration Non -transferable. No regis-
tration is transferable from one individual to another.
Each individual shall be separately registered where
more than one individual is involved in the same type
of activity even though associated with the same
organization.
19.08. Practices Prohibited. No peddler, solicitor,
or transient merchant shall call attention to his
business or to his merchandise, by crying out, by
blowing a hirn, by ringing a bell, or by any loud or
unusual noise.
19.09. Duration of Reaistration. Each registration
shall be valid only for the period specified therein
and no registration may extend beyond the 31st day of
December of the year in which it is granted.
19.10. Exclusion of Peddlers and Solicitors. Any
person who wishes to exclude peddlers, solicitors or
transient merchants from premises occupied by him may
place upon or near the usual entrance to such premises
a printed placard or sign be7ring the following notice:
'Peddlers and Solicitors Prohibited'
Such placard shall be at least 3 3/4 inches long and
3 3/4 inches wide and the printing thereon shall not
be smaller than forty-eight point type. No peddler,
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