§115.10 ITINERANT MERCHANTS; SPECIFIC REGULATIONS
(A) An Itinerant Merchant shall be defined as an Itinerant Merchant, peddler by vehicle, or specialty market operator who transports an inventory of goods to a building, vacant lot, or other location in a county, city, or town, and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.
(B) No itinerant merchant shall set up or caused to be set up or allow any part of their operation or goods offered for sale to be placed within five feet from the back of curb along streets that have curb and gutter, nor within five feet from the edge of the street pavement along paved streets with no curb and gutter. For those streets that have sidewalks, no part of the sidewalk can be blocked or used for the sale of goods. Entire operations must be behind the sidewalk regardless of the distance from the back of the curb or the edge of street pavement.
(C) No itinerant merchant shall conduct business within the town without first obtaining the appropriate privilege license form the town, which privilege license shall cost $25 per year plus a $20 garbage fee per site and for each operation period.
(D) Then an itinerant merchant shall obtain an operation permit which will allow the obtainer to retail his/her merchandise for a period not to exceed 24 hours within a 48 hour period; said 48 hours to run consecutively and said 48 hour period to be designated on an operation permit the 24 hour retail period can be distributed within the 48 hours as desired by the retailer.
Benson – Business Regulations
(E) At least 20 calendar days must elapse following a designated 48 hour retailing period before another operation permit can be issued to the same itinerant merchant and no more than five operation permits shall be issued to any one person during any fiscal year; a fiscal year defined as running from July 1 through June 30, the period of time for which a given privilege license is valid.
(F) No itinerant merchant shall receive a privilege license and operation permit without first displaying a state license and notarized, written permission from the property owner on which the business shall be conducted; in addition, said property on which business shall be conducted shall be an appropriately commercially zoned property for the merchandise desired to be sold. Said notarized written permission shall designate the dates for which the operation of the business is permitted.
(’75 Code, § 10.59-1) (Ord. Passed 12-15-83;Am Ord. passed 5-26-88; Am. Ord, passed 5-11-93) Penalty, see § 10.99