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HomeMy WebLinkAbout1969-12 Prohibiting and Restricting certain Transient Selling and Soliciting, Regulating and Licesnsing Solicitors and Canvassers and Providing Penalties for the Violation<` ORDINANCE NO. 12 Series of 1969 AN CRDINANGE PROHIBITING AND RESTRICTING CERTAIN TRANSIENT SELLING AND SOLICITNG, REGULATING AND LICENSAVG SOLICITORS AND CANVASSERS AND PROVIDING PENALTIES FOR THE V i0 CATION THEREOF. WHEREAS, the Board of Trustees for the Town of Vail believes that it is in the public interest to regulate, control and supervise in all respects transient selling and solicitation within the Town of Vail, and • WHEREAS, it is necessary and desirable, in the judgment of the Board of Trustees for the Town of Vail, to regulate the licensing of certain sales and solicitation activities within the Town of Vail; NCW, THEREFORE, SE IT ORDAINED BY THE BGA RD OF TRUSTEES FOR THE TOV~TN OF VAIL, COLORADO: SECTION 1. It shall be unlawful within the Fawn •of Vail .fox any solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise or services going in 'or upon the private property of any residence within said Town of Vail without first having been recluested or invited to do so by the owner or occupant of said private residence for the purpose of soliciting orders for the sale of goads, wares and aerchandise, and peddling or attempting to sell same. SECTION ~. Fir purposes of this ordinance the following def- initions shall apply and forn-~ a part hereof: Itinerant merchants and transient vendors shall mean and in- clude any person, either as principal or agent, who engages in the business of traveling about carrying with him for sale and selling rranufac#ured goads, wares or merchandise. Peddler A peddler, huckster, or hawker is one who travels frorr~ place to place carrying his wares with him. A peddler offers for sale, consummates ache sale, and delivers the goods or services at one and the carne time to the ultimate consumer. Solicitor A solicitor, canvasser, or drummer also travels from place to place but is distinguished from a peddler in that he does not carry his wares with him. A solicitor generally will arry samples and take orders for future delivery of the merchandise. Transient Merchant A transient or itinerant merchant, seller or vendor is a person who sells and delivers from a stock in much the same way as a permanent business. However, this type of vendor generally sets up temporary shop in a building, tent, trailer, etc. SECTION ~. It shall also, in addition to the prohibitions set for in Section'1, herein, be unlawful for any person to he engaged in the business of a transient dealer, peddler, solicitor, hawker, itinerant merchant, hukster, canvasser or transient vendor within the Town of Vail without first obtaining a license fox conducting any such business or activity with the Town of Vail, as hereinafter provided. SECTION 4. Every person, before transacting any business as a transient dealer or any other activity herein described, shall first procure from the Town Clerk for the Town of Vail a license • • • permitting hurt to engage in any of the ~-eiling or soliciting activities referred to In thin ordinance. This license shall be referred to as a "transient dealer's" license. Every person who procures a transient dealer's license shall make application in writing to the Town Clerk and pay a license fee of Twenty dollars [$20.00} to cover the admin- istrative expenses for detexmining the eligibility of such transient dealer to transact business within the Town of Vaii, . The applications shall state the name and address of the applicant, whether he transacts business as principal or agent. the name and place of business of any principal, the type of merchandise he propases to sell ax solicit orders for, the particular manner in which he propases to !ravel within the town and the means by which he l.ntends to sell his wares oar merchandise, SECTI©N 5. U;oon the filing of the written application for s transient dealer's license with the Town Clerk, said 'Yawn Clerk shall process same by doing all that is ~ceaaonable AY..I 1-oc,a.oa,r~ to determine the moral and ethical qualifications of the applicant, bamctf upon the inforrx~a#ion contained in the written application or from any other sources of inforrxaation, such as police records. if the applicant is found to be of sound moral character, the Town Clerk shall issue the transient dealers license referred to herein, bu# in any event the application fox said license shall be issuedar denied within a period not to exceed ten days. SECTION 6. The Town Clerk shall maintain a record of all license issued pursuant to the provisions of this ordinance, and all license €ees collected, which fees shall be paid into the general fund far the town. SECTION 7. The transient dealers license referred to herein shall be valid for a period of one year from date of issuance. The license of any person who m.ay be convicted of a violation of any provisions of this ordinance, from the date of such conviction, shall be void, and shall be cancelled on the records of the town. SECTION 8. No more than one individual person shall engage in business ar operate under the same transient dealers license, whether as principal ox agent or as an assistant to any principal or agent. SECTION 9. Under no circumstances shall any person conduct any selling or soliciting activity on or within any public street or right-of-way within the Town of Va il. SECTION 10. A11 religious and charitable organizations shalt be exempt from the provisions of this ordinance; however such organizations must register with the Town Clerk prior to any solicitation activities. SECTION ll. Every person who unlawfully engages in the various activities referred to in this ordinance. or who wilfully violates any provision herein contained, shall upon conviction, be punished by a fine. not to exceed $300. DO ar by imprisonment in the Town of Vail jail for a period not to exceed 90 days, or by both such fine and ixnprisonrnent. SECTION 12. The Board of Trustees finds that this ordinance is necessary to protect the public health and welfare of the citizens of the Town of Vail; that this ordinance shall became effective upon its introduction and adoption and shall be published in accordance with the laws of the State of Colorado. • ~ • INTRODUCED, RL~'AD AND ORDERED PUBLISHED TH 10th DAY CF N©VEMEER, IR69. or ATTEST: ~ ~~.-~ Town Clerk ~