Peddlers, Solicitors, and Transient Merchants Ordinance CHAPTER 19 Peddlers, Solicitors, and Transient Merchants Section 2071. License required 2072. Definitions 2073. Exceptions 2074. Religious, charitable, educational and service organizations 2075. Additional requirements for license 2076. Repealed No. 185 2077. Display of license 2078. Transfer of license 2079. Loud noises and amplifying devices 2080. Use of streets 2081. Enforcement by police 2082. Records § 2071. License required It shall be unlawful for any person to engage in the business of peddler, solicitor, or transient merchant as defined in section 2072 of this chapter within the corporate limits of the City of Rutland without first obtaining a license therefor as provided herein. § 2072. Definitions "Peddler" is defined as any person, whether a resident of the City of Rutland or not, traveling by foot, wagon, automotive 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, meats, fish, vegetables, fruits, garden truck, farm products or provisions or popcorn, ice cream, sodas, or other refreshments of like character, offering and exposing the same for sale, or making sales and delivering articles to purchasers or who without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "Person" as used herein shall include the singular and the plural and shall also mean and include any person, firm, or corporation, association, club, co-partnership or society, or any other organization. "Solicitor" is defined as any person, whether of the City of Rutland or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he/she is collecting advance payments on such sales or not, provided that such definition shall include any person who, for him/herself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad box car, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. "Transient merchant" is defined as any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling (and delivering) goods, wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, garage, structure, motor vehicle, tent, railroad box car, public room in hotels, lodging houses, motel, apartments, shops, or any street, driveway, alley, or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall not be construed to include any person who, while occupying such temporary locations, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of association temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. § 2073. Exceptions (a) The provisions of this chapter shall not apply to one who sells or offers for sale in person or by his/her employees or agents, newspapers, ice, bread, pastry, wood, milk or products of the land. (b) The provisions of this chapter shall not apply to sales made to manufacturers, merchants and dealers for resale only. § 2074. Religious, charitable, educational and service organizations Authorized representatives of religious, charitable, educational or service organizations desiring to solicit money or to distribute literature shall be exempt from the payment of any fee required by any section of this chapter. All such organizations shall be required to submit an application for license pursuant to §1513 of this title. If the city clerk, after investigation, shall find that the organization is a bona fide charitable, religious, educational or service organization, he/she shall issue, free of charge a license to carry on such activity. Such license shall cover all persons engaged in the activity for which the license is issued. § 2075. Additional requirements for license In addition to the application requirements set forth in §1513 of this title, applications for licenses under this chapter, shall set forth the name, permanent and local address, business address and physical description of all persons to be covered by the license; description of any vehicles to be used in the licensed activity, including registration number; the nature of the business to be conducted; the last place of such business, the and the period of time requested to be covered by the license. § 2076. Deleted [No. 185, effective March 6, 1995] § 2077. Display of license Each solicitor, peddler and transient merchant shall at all times while doing business in this city keep in his/her possession the license provided for in this chapter, and shall, upon the request of prospective customers, exhibit the license as evidence that he/she has complied with all requirements thereof. Each transient merchant shall publicly display his/her license in his/her place of business. § 2078. Transfer of license No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued. § 2079. Loud noises and amplifying devices No peddler, solicitor or transient merchant, nor any person in his/her behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of this city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any foods, wares or merchandise which such licensee proposes to sell. § 2080. Use of streets No transient merchant shall be permitted to sell from any location in the public streets, nor shall any peddler or solicitor be permitted a stationary location in any metered parking space, nor shall any peddler, solicitor or transient merchant be permitted to operate in any congested area where his/her operations might impede or inconvenience the public without the approval of the board of aldermen. § 2081. Enforcement by police It shall be the duty of any police officer of the City of Rutland to require any person seen peddling, soliciting, or doing business as a transient merchant and who is not known by such officer to be duly licensed, to produce his/her license, and to enforce the provisions of this chapter against any person found to be in violation thereof. § 2082. Records The chief of police shall report to the city clerk all convictions for violation of this chapter, and the city clerk shall maintain a record for each license issued and record the reports of violation therein.