Agenda - Council Work Session - 03/03/2008

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k. If nonprofit or2anization. a certificate of nonprofit status from the state where or2anized. Every application shall bear the written report and recommendation of the Chief of Police. The Police Chief or his/her desi2nee shall immediately institute an investi2ation of the applicant includin2, but not limited to, a criminal history and wanted persons check with the Bureau of Criminal Apprehension, for the protection of the public 2ood. No transient merchant license shall be issued for sales from any location which does not. have sufficient parking for customers and for areas where customer parking would interfere with normal traffic flow. The completed application shall be presented to the Council for consideration and, if granted by the Council, a license shall be issued by the .\dministrator City Clerk upon payment of the required fee. The feel shall be set annually by Council ordinance. 7.85.06 Acts in Violation of Code. The following acts or omissions shall be deemed violations of the provisions of this Code: a. Acts prohibited by Sections 7.85.02 and 7.85.03 hereof; b. A person who is required to submit information pursuant to Subsection 7.85.05 and engages in peddling, soliciting, transient merchandising, or in making calls as described in Subsection 7.85.01(2), without submitting such information, or without payment of the license fee required by Subsection 7.01.10, or does any of the above before Council approval of the license as prescribed by Subsection 7.85.05 hereof; c. Furnishing false information, or failing to furnish information as required by S7.85.05; d. Sale of merchandise or services by a peddler, solicitor, transient merchant or vendor by means of statements which the person making them knows or should know are false or misleading; e. Sale of merchandise by a peddler, solicitor, transient merchant or vendor, which merchandise is not of merchantable quality or is not fit for the purpose for which the seller knows, or has reason to know, the merchandise is being purchased; f. Engaging in peddling, soliciting or transient sales after the hour of 9:00 p.m. or before 9:00 a.m., unless a previous appointment has been made. 7.85.07 Use of Devices to Attract Attention Prohibited. No person, licensed under this Article, shall call attention to their business or to their merchandise by crying out, by blowing a horn, by ringing a bell, by any sound-ampliphied devices, or by any loud or unusual noise. 7.85.08 Carrying and Display. .\lllicenses issued under this article shall be carried by the licensee or conspicuously posted in their place of business and such licensee shall, whenever H:\@lOICITYCODElPeddlerSolicitor& TransientMerchant-working copy. doc 2/28/2008 -7-