Itinerant Merchants | Unsolicited Salesmen
All persons wishing to engage in the trade or occupation of itinerant merchant or unsolicited salesman must first obtain a license. The license requires an application form to be completed and a twenty five dollar ($25) fee per calendar year
This license has the following restrictions:
- No person may carry on business as an itinerant merchant for more than 10 days in one year.
- All itinerant businesses must be in location which
- does not create a traffic hazard,
- shall provide approved off-street parking,
- shall provide temporary sanitary facilities or obtain permission to utilize permanent sanitary facilities within four hundred feet of the proposed location.
The following are unlawful acts for an itinerant merchant or unsolicited salesman:
- Operating without a license
- Entering any residential property which is posted with a prohibition sign
- Refusing to leave or continue solicitation on residential property after being advised by the occupant or tenant that he or she does not wish the product solicited or for the solicitation to continue.
Any person who violates the provisions of Chapter 5.38 of the City Code is guilty of a misdemeanor, and shall be punishable
"Itinerant merchant" or "itinerant business," shall include all persons not having a permanent place of business in the city, engaged in selling or offering for sale, any goods, services, carnival rides or merchandise of whatever nature, in any open space, from a temporary stand, under tents, canopies, or membrane structures, from a vehicle on property not owned by such person, or in any other manner from any place which is not located in a building which meets building code requirements and which has been approved for occupancy.
"Unsolicited salesman" means any person who sells, offers for sale, takes or solicits orders for, gives away, delivers or promises to deliver in the future or displays any goods, wares or merchandise or other personal property of any kind whatsoever, who sells, offers for sale, offers to, solicits or takes orders for the performance of or distributes literature or other information of any and all types of services including securities, policies of insurance, reading material or entertainment at or upon any residential property other than such residential property as is owned or occupied by such person without invitation of the owner or occupant. However, any person operating a business from their home within the city, and who conducts activities covered by this chapter in conducting that business, shall be exempt from the provisions of this chapter. Unsolicited salesmen shall not include an itinerant merchant.