§ 4-2.15. Prohibition of fixed location sales.  


Latest version.
  • a. 

    No peddler, hawker, canvasser, solicitor or vendor shall sell or offer for sale to the general public any goods or merchandise, beverages or food products from a fixed location utilizing a public cartway. In addition, sale of merchandise from a fixed location is prohibited with the exception of seasonal sales licensed under this section. A person shall be deemed to be selling from a fixed location if such vendor remains at a fixed location for a period of time of 15 minutes or longer, unless extended as provided below.

    b. 

    The 15 minute time limitation is extended beyond 15 minutes for such periods of time that customers or prospective customers are being serviced by the vender wherein the customers or prospective customers are:

    1. 

    Examining, viewing, handling, testing, pricing or returning, etc., the merchandise, and/or

    2. 

    Seeking information from the vendor, and/or

    3. 

    Making purchase or sale, and/or

    4. 

    Waiting to be attended by the vender.

    5. 

    The 15 minute time limitation is further extended for such time following a sale or purchase that the vendor may need to replace or replenish merchandise, to perform that which is necessary to clean, straighten up the cart or its merchandise, etc., to secure the proceeds of the sale; to file copies of receipts, and/or other such acts that occur following a sale of such merchandise. However, the total time allotted for acts following a sale under this paragraph shall not exceed 10 minutes.

    6. 

    At the expiration of the 15 minutes plus the extended period as provided above, the vendor shall move from such location to a location at least 25 feet away. Such vendor cannot return to within 25 feet of such location for a period of at least one hour. No vendor has a right to any particular location on the public right-of-way and sidewalks.

Ord. No. 0.4.91 § 6; Ord. No. 0.6.92 § 3