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DIVISION 1. - GENERALLY#
Sec. 19-71. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Itinerant vendor means and includes all persons, both principals and agents, who engage in a temporary or transient business in this town, either in one locality or in traveling from place to place selling cut flowers, potted plants and nursery stock including Christmas trees, and who for the purpose of carrying on such business, has leased or occupied any building or structure or part of any building or structure for the exhibition and sale of such goods, wares and merchandise.
(Ord. No. 1996-07, § 1, 4-24-96)
Cross reference— Definitions generally, § 1-2.
Sec. 19-72. - Application of article provisions.#
The provisions of this article shall not apply to sales of items other than cut flowers, potted plants or nursery stock including Christmas trees, or sales made to dealers by commercial travelers or selling agents in the usual course of business, or to bona fide sales of goods, wares and merchandise by sample for future delivery or to hawkers on the streets, or to peddlers from vehicles, or to sheriffs, constables or public officers of the state selling goods, wares and merchandise according to law, or to bona fide assignees for the benefit of creditors, or receivers appointed in this state selling goods, wares and merchandise in this town; provided, however, that the situs of such goods, wares and merchandise, was in this town prior to such assignment or the appointment of such receiver.
(Ord. No. 1996-07, § 2, 4-24-96)
Sec. 19-73. - Prohibited sales.#
No itinerant vendor shall advertise, represent or hold forth any sale as an insurance, bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver, wholesale or manufacturer's or closing out sale, or as a sale of any goods damaged by smoke, fire, water or otherwise, or in any similar form, unless he shall before so doing, state under oath to the town clerk all the facts relating to the reasons and character of such special sale so advertised or represented, including a statement of the names of the persons from whom the goods, wares and merchandise were obtained, the date of delivery to the person applying for the license, and the place from which such goods, wares and merchandise were taken, and all details necessary to exactly locate and fully identify all goods, wares and merchandise to be sold.
(Ord. No. 1996-07, § 8, 4-24-96)
Secs. 19-74—19-95. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 19-96. - Penalty for selling without.#
Every itinerant vendor who shall sell or expose for sale, at public auction or private sale, any goods, wares and merchandise without a town license therefor, issued as provided in this article, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $100.00, nor more than $250.00.
(Ord. No. 1996-07, § 3, 4-24-96; Ord. No. 2017-13, 10-4-17)
Sec. 19-97. - Penalty for advertising sale without.#
All persons, both principals and agents, who shall by circular, handbill, newspaper or in any other manner, advertise any sale before proper license shall be issued to the vendor, shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 19-96.
(Ord. No. 1996-07, § 4, 4-24-96)
Sec. 19-98. - Duty to obtain.#
It shall be the duty of every itinerant vendor, whether principal or agent, before commencing business, to take out a license in the manner set forth in this division.
(Ord. No. 1996-07, § 5, 4-24-96)
Sec. 19-99. - Application; granting; fees; information required.#
(a)
Every itinerant vendor desiring to do business in this town shall upon application in proper form and upon such application being approved by the chief of police, be granted by the town clerk an itinerant vendor's license authorizing such vendor to do business in this town in conformity with the provisions of this article, on the payment of a license fee in the amount of $350.00.
(b)
Every license shall set forth the name of the licensee and the authority and term which shall not exceed three months granted. The license shall not be transferable nor give authority to more than one person to sell goods as an itinerant vendor either by agent or clerk, or in any other way than in his own proper person; but any licensee may have the assistance of one or more persons in conducting his business, who shall have authority to aid their principal but not to act for or without him.
(c)
All applications for licenses shall be sworn to, shall disclose the names and residences of the owners or parties in whose interest the business is conducted, and shall be kept on file by the town clerk; and a record shall be kept of all licenses issued upon such applications. All files and records of the town clerk shall be in convenient form and open for public inspection.
(d)
Any license granted under the provisions of this article may be canceled at any time by the town council, if any false statements shall have been made in the application upon which such license was granted.
(Ord. No. 1996-07, § 6, 4-24-96)
Sec. 19-100. - Display.#
Any police officer shall have duty and power to demand the production of the proper license from any itinerant vendor advertising or actually engaged in business, and any failure to produce such license shall be prima facie evidence against such vendor that he has none.
(Ord. No. 1996-07, § 7, 4-24-96)