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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 Section 19 of Chapter III of the City Code is hereby repealed and the following substituted therefor.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 "+ 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 _ the activity will be carried on; f (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; -2- Ordinance Nd. 74-2 Rage Three (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, -3-