HomeMy WebLinkAboutORD 2206BILL NO. 32
ORDINANCE NO. 2206
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 5 OF THE MUNICIPAL
CODE OF THE CITY OF CALDWELL BY REPEALING ARTICLE 5 PERTAINING
TO DOOR -TO -DOOR SALESMEN AND ADDING A NEW ARTICLE 5
PERTAINING TO DOOR -TO -DOOR SALESMAN: REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CALDWELL, IDAHO:
Section 1. That Article 5 of the Municipal Code of the City of Caldwell, County
of Canyon, State of Idaho, pertaining to Door -To -Door Salesmen be repealed.
Section 2. That a new Article 5 be added to the Municipal Code of the City of
Caldwell, County of Canyon, State of Idaho pertaining to Door -To -Door Salesman as
follows:
06- 05 -01: PEDDLER OR VENDOR DEFINED: Any person traveling by foot, motor
vehicle or any other type of conveyance from place to place, from house to house or from
street to street, carrying, conveying or transporting goods, wares, merchandise, food or
farm products or provisions, offering and exposing the same for sale or making sales and
delivering articles to purchasers.
TRANSIENT MERCHANT: Any person who engages in a temporary
business (180 days or less) of selling and delivering goods, wares and merchandise within
the City and who in the furtherance of such purpose, hires, leases, uses or occupies any
premises, including any parking lot within the City for the exhibition and sale of such
goods, wares and merchandise. Written permission of the property owner must be filed
with the City Clerk before issuing a license.
LICENSES REQUIRED: It shall be unlawful for any peddler, vendor or
transient merchant, as the same are herein defined, to engage in such business within the
corporate limits of the City without first obtaining a license from the City Clerk's Office.
06- 05 -03: EXCEPTIONS. The provisions of this Article do not apply to:
1. Any sale under court order;
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2. An auction sale;
3. Traveling salespersons, commercial travelers or the like who exclusively or
primarily sell to or solicit orders for future delivery from local retailers,
businesses, governments, schools or wholesale firms;
4. The sale of farm or garden products by the person producing the same;
5. The sale of a newspaper subscription in which the seller is a person engaged in
both the delivery and sale of the newspaper;
6. Contribution solicitation where the person being solicited to contribute
personally knows the identity of the person soliciting the contribution, the
name of the group or organization he represents and the nature of the services
performed or offered by the group or organization;
7. The sale of admission by local school students to a function of their school or
fund raising or community events sponsored by local service clubs such as
Elks, Kiwanis, Boy or Girl Scouts and etc.;
8. Any political group seeking funds or membership;
9. Any solicitation of information for a telephone book or a City directory by a
company representative;
10. A sale made pursuant to prior negotiations between the parties at a business
establishment at a fixed location where goods or services are offered or
exhibited for sale;
11. A sale of goods, wares, merchandise and personal property of any nature
whatsoever for resale to or by a business establishment at a fixed location
where goods or services are offered or exhibited for sale;
12. Any sales that are within the provisions provided within the home occupation
permit.
06- 05 -05: (A) LICENSE APPLICATION: Application for a license to be issued under
the provisions of this Article shall be made to the City Clerk and shall contain a statement
concerning the type of business contemplated.
(B) APPLICANT will need to show proof of a State of Idaho resale number.
06- 05 -07: PREREQUISITE FOR PEDDLING FOOD: When the applicant proposes to
peddle any food or product for human consumption, certification by the Southwest Health
District is required prior to issuance of a license.
06- 05 -09: LICENSE FEE: A license fee shall be paid of $100.00 per person per day.
The license shall be exhibited in a conspicuous place if the licensee is using a vehicle or a
building in his business and otherwise must be kept by the person and exhibited at any
time upon request.
06- 05 -11: UNLAWFUL CONDUCT: No licensee shall:
1. Misrepresent the purpose of solicitation;
2. Misrepresent affiliation of those engaged in the solicitation;
3. Continue efforts to solicit from a person once that person informed the
solicitor that he does not wish to give anything or to buy anything from that
solicitor;
4. Represent the issuance of any license under this Chapter as an endorsement or
recommendation of the solicitation;
5. Enter upon any premises when the same is posted with a sign stating "No
Peddlers Allowed" or "No Solicitation Allowed" or other words to such
effect;
6. Knowingly make any false statement on an application for a license.
06- 02 -13: REVOCATION OF LICENSE: The City has the power to revoke any license
granted in accordance with this Article for any of the following causes:
1. Fraud, misrepresentation or false statements contained in the application for
license;
2. Fraud or misrepresentation or false statement made in the course of
conducting the business or trade;
3. Any other violation of this Article;
4. Conviction of any crime or misdemeanor involving moral turpitude;
5. Conducting business in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
Section 3. All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
Section 4. This Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this 6th day of
October 1997.
APPROVED BY THE MAYOR of the City of Caldwell this 6th day of
O ctober 1997
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