§ 9-103. Transient merchants, peddlers and solicitors.

(a)

Generally. No person shall operate a business as a transient merchant or peddler within the City unless a license for such business has first been granted by the City, and no solicitor for charitable or religious purposes shall solicit within the City unless a permit has been granted by the City in accordance with the provisions of this section. Such permit or license shall be effective for the period stated therein, unless suspended or revoked prior to expiration. Applications for a license or permit shall be made on forms provided by the City and shall provide such information as is required by this section and such additional information as may be necessary to define completely the activities to be conducted within the City.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charitable shall be given its commonly accepted meaning, to include but not limited to, patriotic, philanthropic, benevolent, educational, civic, or fraternal, either actual or purported.

License means the right or privilege granted by the City to engage in business as a transient merchant or peddler within the corporate limits of the City. Evidence that such right or privilege has been granted shall be in the form of a license document issued by the City, which document shall be kept at the merchant's place of business within the City or on the peddler's person within the peddler's vehicle.

Peddler is defined as any person, who, whether a resident of the City or not, who engages in the business of selling or offering to sell goods, wares, merchandise, food, drink, or other items or services by going from door to door and place to place within the City. Anyone 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 section shall be deemed a peddler.

Permit means the authorization granted by the City to solicit for charitable or religious purposes or to solicit subscriptions. There shall be no fee or charge for such permit. Evidence that such authorization has been granted shall be in the form of a document issued by the City.

Solicitor for charitable or religious purposes means any person acting exclusively to promote a charitable or religious purpose, and not for pecuniary profit, either on the streets of the City or elsewhere, who sells or offers to sell, or exchange or offers to exchange any single good, ware or service of a cost to the purchaser in excess of $10.00. No qualification as a solicitor for charitable or religious purposes shall exist unless the applicant:

(1)

Is able to demonstrate a current exemption certificate from the Internal Revenue Service pursuant to section 501(c)(3) of the Internal Revenue Code, as amended; or

(2)

Has maintained in the City a continuous existence as a charitable or religious organization for a period of one-year prior to the date of its application pursuant to this section.

Persons not qualifying as a solicitor for charitable or religious purposes hereunder shall be deemed transient merchants and subject to regulation as such.

Street means any street, alley, avenue, court, sidewalk or other public right-of-way, or any other public place within the City.

Transient merchant means any person, whether as owner, agent, consignee or employee and whether a resident of the City or not, who engages in a business of selling goods, wares, merchandise, food, drink or other items or services occasionally or temporarily within the City and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, shop, apartment, or room in a hotel, motel or lodginghouse, tent, or motor vehicle, or any street or other place within the City, whether fixed or mobile, for the exhibition for sale of such goods, wares, merchandise, food, drink or other items or performance of such services, either privately, publicly or at auction; provided, however, that no merchant shall be considered a transient merchant under this section if:

(1)

Such person, firm, corporation or other entity is a bona fide commercial traveler selling goods at wholesale by samples;

(2)

Such person sells produce or other direct farm products from his own lands;

(3)

Such person sells items at a garage sale, yard sale, estate sale or similar sale conducted at his residence, not more than three times in any 12-month period and continuing for no more than two consecutive days each such occasion, and such sale is not part of the regular business activity of such person. Such exclusion shall not be available to flea market operators, promoters, performers or other such enterprises or any other business-related operations; or

(4)

Conducts business at any industry or association for the purposes of displaying samples or taking orders for shipment directly from the manufacturer.

Such transient merchant so engaged shall not be relieved from complying with the provisions of this section by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with or in the name of any local dealer, trader, merchant or auctioneer.

(c)

Application for license. An application containing the following information shall be completed and filed with the City Clerk, or designee, by each applicant for a license to do business within the City as a transient merchant or peddler:

(1)

The name of the applicant;

(2)

The permanent address and telephone number of the applicant;

(3)

The local address and telephone number of the applicant;

(4)

If the applicant is a partnership, corporation or other business entity, the name and permanent business address of each partner, principal or director;

(5)

If the applicant is a corporation, the state and date of incorporation as well as proof that the corporation is in good standing;

(6)

If the applicant is a partnership, corporation or other business entity, the name, home address and date of birth of the principal representative in the City;

(7)

The name and home address of all employees who will work in the City;

(8)

The name of the business represented by the applicant, if different from the applicant;

(9)

The permanent address of the business represented by the applicant;

(10)

The name of the agent conducting the sale, if any;

(11)

The local address and telephone number of the sales agent, if any;

(12)

The type of merchandise or service to be offered for sale;

(13)

The place where business is to be conducted;

(14)

The dates the applicant is to be in business, and the total number of days the applicant is to be in business;

(15)

The hours during which business will be conducted;

(16)

The manner in which business is to be conducted;

(17)

The State sales tax number or authorization;

(18)

The State and license tag number of each vehicle to be used in the business;

(19)

A list of the cities where the business has been conducted by the applicant within the past 12 months; and

(20)

Where food products are to be sold, a clearance letter issued by the County Health Department.

The license application shall be signed under oath by the applicant. A nonrefundable fee established in the schedule of fees and charges to defray the administrative costs of such application shall accompany all applications.

(d)

Grounds for disapproval or revocation. No application shall be approved and any license previously issued may be revoked if any investigation determines that:

(1)

Any fraud, misrepresentation, material omission or false statement is contained in the application for license;

(2)

The applicant, or any principal participant in the business, has been convicted within the past five years of a felony, or of any crime involving moral turpitude, whether in connection with operation of the business or not;

(3)

The business is operated or is proposed to be operated in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; or

(4)

Any violation of this section is committed.

(e)

Review and approval; issuance; nontransferable. Any application for a transient merchant's or peddler's license shall be reviewed by the City Clerk or designee to ensure compliance with zoning, safety and health code requirements of the City. The applicant must be approved by the City Clerk, or by his designated representative, before a license may be issued; provided, however, that no transient merchant or peddler shall locate and conduct business upon the streets of the City without first obtaining the consent of the Mayor and City Council after furnishing proof satisfactory to the City Council that the location and conduct of such business will be in compliance with this section and will not otherwise interfere with the rights of the general public to the use of such streets or jeopardize the health, safety or welfare of the general public. Said license shall be issued for such duration and upon such conditions as approved by the City Clerk and/or the Mayor and City Council. No license issued pursuant to this division shall be transferable.

(f)

License fee. Licensees under this section shall pay a license fee equal to the amount established in the schedule of fees and charges for each day during which the business will be conducted under this section, up to a maximum of $500.00 for any one period of continuous business operation within the City during a calendar year; provided, however, that in any case where a greater license fee is required by other ordinances the greater fee shall apply.

(g)

Permit required; solicitor for charitable or religious purposes. Any solicitor for charitable or religious purposes, as defined herein shall make application for permit to the City Clerk; provided, however, the provisions of this section shall not apply to any solicitor for charitable or religious purposes if the solicitations by such persons are conducted among the members thereof, voluntarily and without remuneration for the making of such solicitations, or the solicitations are in the form of collections or contributions at the regular assemblies or services of such persons. Such applicant shall provide the name and address of the applicant, the name and address of the person or organization represented, the dates during which activities will be conducted within the City, the identity of all persons who will solicit within the City, and such other information as the City Clerk or designee may find necessary to identify the solicitors and define the activities to be conducted. Any such permits shall be reviewed by the Mayor and City Council and may be denied or revoked under any circumstances as shown in subsections (d) and (e) of this section. No fee shall be charged for permits issued hereunder.

(h)

Operations regulated. The following regulations shall apply to any peddler, transient merchant, or solicitor for charitable or religious purposes doing business within the City and required to obtain a license or permit hereunder:

(1)

No such person shall be permitted to locate and operate on any street within the City, except with the written permission of the Mayor and City Council;

(2)

No such person shall locate in or near the entrance to any house or place of business, or in any place so as to disrupt or impede pedestrian or vehicular traffic;

(3)

No such person shall operate in vehicular traffic lanes of the City or solicit directly from the motoring public;

(4)

If any officer of the City Police Department should determine that pedestrian or vehicular traffic congestion is such that public hazard or other unsafe conditions may result from such operation in the congested area, such officer shall have authority to require such peddler, transient merchant, or solicitor for charitable or religious purposes to move from the area;

(5)

No temporary shed, tent, or other temporary structure or covering shall be erected, except as may be approved by the City Director of Inspections, or designee;

(6)

Location of such person's operations on private property shall be with the express written permission of the property owner and merchants, and such operations shall comply with City zoning regulations and all safety and health code requirements of the County and City;

(7)

No such person shall harass or intimidate the public in any manner;

(8)

Each such person shall be required to display a valid license or permit issued by the City, or a copy thereof, in a manner which can be clearly observed by members of the public; provided, however, that each member or representative of a religious or charitable organization which has been issued a permit to solicit contributions within the City may, in lieu of displaying a copy of the permit, display an identification badge, in a manner which can be clearly observed by any person being solicited;

(9)

No peddler shall enter a private residence, place of business or other premises within the City under false pretenses for the purpose of peddling goods or services or soliciting orders for the sale of goods or services. No peddler shall remain in or on such premises after the owner, occupant or other person in charge has requested the peddler to leave. No peddler shall go in or on such premises when the owner, occupant or other person in charge has displayed a "no soliciting" sign or other similar sign on the premises;

(10)

No such person shall openly display his goods for sale so as to be plainly visible to the motoring public from any direction, whether such motorists are traveling along a public thoroughfare or other right-of-way;

(11)

Such sales shall be permitted only within a C-2 or C-3 district;

(12)

A display shall not be erected or installed, nor shall any sales of goods and merchandise take place within 50 feet of the curb or paved edge of a public roadway; and

(13)

Such sales shall be permitted only on property where controlled vehicular ingress and egress and adequate offstreet parking is provided.

(i)

Loud noise and amplification devices prohibited. No license or permit holder under this article shall shout, ring bells, blow horns, make loud noises or use any radio or amplifying system upon any of the streets, alleys, parks or other public places within the City for the purpose of attracting attention to the goods, wares or merchandise which such license or permit holder intends to sell.

(j)

Registered agent.

(1)

Before any license shall be issued pursuant to this section, the applicant shall submit evidence with each license application under this division showing that such transient merchant has filed with the Clerk of the Superior Court of the County the name and permanent address of the transient merchant's registered agent as required by O.C.G.A. § 43-46-5. Such registered agent shall be a resident of the County and shall be an agent of such transient merchant upon whom any process, notice or demand required or permitted by law to be served upon the transient merchant may be served in the same manner provided by law for the service of a summons or complaint. The registered agent shall agree in writing to act as such agent, and a copy of the agreement shall be filed with the license application.

(2)

Any such registered agent shall act in the same capacity and have the same duties and responsibilities and be subject to the same actions of the Superior Court as would any agent registered as required by the Transient Merchant Act of Georgia (O.C.G.A. § 43-46-1 et seq.).

(3)

No applicant which is a corporation and which submits evidence that the corporation is chartered by the State shall be required to secure a registered agent within the County.

(4)

No applicant who is a corporation chartered outside the State and which submits evidence that the corporation is currently registered with the Secretary of State of the State of Georgia shall be required to secure a registered agent within the County.

(k)

Penalty for violation. Any person doing business within the City as a transient merchant or peddler, or engaged as a solicitor for charitable or religious purposes, who violates any provision hereof, shall be subject to immediate revocation of any license or permit issued hereunder and/or punishment as provided by section 1-12.

(Code 1978, § 9-89; Ord. No. 1999-6, § I, 8-5-1999; Ord. No. 2013-02, § I, 3-21-2013)