BUSINESS, PEDDLERS,
SOLICITORS, ETC.
TITLE 9
BUSINESS, PEDDLERS, SOLICITORS, ETC.
CHAPTER
1. PEDDLERS, SOLICITORS, ETC.
2. GAME ROOMS.
3. CABLE TELEVISION.
CHAPTER 1
PEDDLERS, SOLICITORS, ETC.
SECTION
9-101. Definitions.
9-102. Exemptions.
9-103. Permit required.
9-104. Permit procedure.
9-105. Restrictions on peddlers, street barkers and
solicitors.
9-106. Restrictions on transient vendors.
9-107. Display of permit.
9-108. Suspension or revocation of permit.
9-109. Expiration and renewal of permit.
9-110. Additional licensing requirements, relationship
to zoning districts and structure standards.
9-111. Violation and penalty.
9-101. Definitions. Unless otherwise expressly stated,
whenever used in this chapter, the following words shall have the meaning
given to them in this section:
(1)"Peddler" means any person, firm or
corporation, either a resident or a nonresident of the town, who has no
permanent regular place of business and who goes from dwelling to dwelling,
business to business, place to place, or from street to street, carrying or
transporting goods, wares or merchandise and offering or exposing the same for
sale.
(2)"Solicitor" means any person, firm or
corporation who goes from dwelling to dwelling, business to business, place to
place, or from street to street, taking or attempting to take orders for any
goods, wares or merchandise, or personal property of any nature whatever for
future delivery, except that the term shall not include solicitors for
charitable and religious purposes and solicitors for subscriptions as those
terms are defined below.
(3)"Solicitor for charitable or religious
purposes" means any person, firm, corporation or organization who or
which solicits contributions from the public, either on the streets of the
town or from door to door, business to business, place to place, or from
street to street, for any charitable or religious organization, and who does
not sell or offer to sell any single item at a cost to the purchaser in excess
of ten dollars ($10.00). No organization shall qualify as a
"charitable" or "religious" organization unless the
organization meets one of the following conditions:
(a)Has a current exemption certificate from the Internal
Revenue Service issued under Section 501(c)(3) of the Internal Revenue Service
Code of 1954, as amended.
(b)Is a member of United Way, Community Chest or similar
"umbrella" organizations for charitable or religious organizations.
(c)Has been in continued existence as a charitable or
religious organization in Anderson or Roane Counties for a period of two (2)
years prior to the date of its application for registration under this
chapter.
(4)"Solicitor for subscriptions" means any
person who solicits subscriptions from the public, either on the streets of
the city, or from door to door, business to business, place to place, or from
street to street, and who offers for sale subscriptions to magazines or other
materials protected by provisions of the Constitution of the United States.
(5)"Transient vendor " means any person who
brings into- temporary premises and exhibits stocks of merchandise to the
public for the purpose of selling or offering to sell the merchandise to the
public. Transient vendor does not include any person selling goods by sample,
brochure, or sales catalog for future delivery; or to sales resulting from the
prior invitation to the seller by the owner or occupant of a residence. For
purposes of this definition, "merchandise" means any consumer item
that is or is represented to be new or not previously owned by a consumer, and
"temporary premises" means any public or quasi-public place
including a hotel, rooming house, storeroom, building or part of a building,
tent, vacant lot, railroad car, or motor vehicle which is temporarily occupied
for the purpose of exhibiting stocks of merchandise to the public. Premises
are not temporary if the same person has conducted business at those premises
for more than six (6) consecutive months or has occupied the premises as his
or her permanent residence for more than six (6) consecutive months.
(6)"Street barker" means any peddler who does
business during recognized festival or parade days in the town and who limits
his business to selling or offering to sell novelty items and similar goods in
the area of the festival or parade. (1989 Code, ? 5-101)
9-102. Exemptions. The terms of this chapter shall not
apply to persons selling at wholesale to dealers, nor to newsboys, nor to bona
fide merchants who merely deliver goods in the regular course of business, nor
to persons selling agricultural products, who, in fact, themselves produced
the products being sold. (1989 Code, ? 5-102)
9-103. Permit required. No person, firm or corporation
shall operate a business as a peddler, transient vendor, solicitor or street
barker, and no solicitor for charitable or religious purposes or solicitor for
subscriptions shall solicit within the town unless the same has obtained a
permit from the town in accordance with the provisions of this chapter. (1989
Code, ? 5-103)
9-104. Permit procedure. (1) Application form. A sworn
application containing the following information shall be completed and filed
with the town administrator by each applicant for a permit as a peddler,
transient vendor, solicitor, or street barker and by each applicant for a
permit as a solicitor for charitable or religious purposes or as a solicitor
for subscriptions:
(a)The complete name and permanent address of the
business or organization the applicant represents.
(b)A brief description of the type of business and the
goods to be sold.
(c)The dates for which the applicant intends to do
business or make solicitations.
(d)The names and permanent addresses of each person who
will make sales or solicitations within the town.
(e)The make, model, complete description, and license
tag number and state of issue, of each vehicle to be used to make sales or
solicitations, whether or not such vehicle is owned individually by the person
making sales or solicitations, by the business or organization itself, or
rented or borrowed from another business or person.
(f)Tennessee State sales tax number, if applicable.
(2)Permit fee. Each applicant for a permit as a peddler,
transient vendor, solicitor or street barker shall submit with his application
a nonrefundable fee of twenty dollars ($20.00). There shall be no fee for an
application for a permit as a solicitor for charitable purposes or as a
solicitor for subscriptions.
(3)Permit issued. Upon the completion of the application
form and the payment of the permit fee, where required, the town administrator
shall issue a permit and provide a copy of the same to the applicant.
(4)Submission of application form to chief of police.
Immediately after the applicant obtains a permit from the town administrator,
the town administrator shall submit to the chief of police a copy of the
application form and the permit. (1989 Code, ? 5-104)
9-105. Restrictions on peddlers, street barkers and
solicitors. No peddler, street barker, solicitor, solicitor for charitable
purposes, or solicitor for subscriptions shall:
(1)Be permitted to set up and operate a booth or stand
on any street or sidewalk, or in any other public area within the town.
(2)Stand or sit in or near the entrance to any dwelling
or place of business, or in any other place which may disrupt or impede
pedestrian or vehicular traffic.
(3)Offer to sell goods or services or solicit in
vehicular traffic lanes, or operate a "road block" of any kind.
(4)Call attention to his business or merchandise or to
his solicitation efforts by crying out, by blowing a horn, by ringing a bell,
or creating other noise, except that the street barker shall be allowed to cry
out to call attention to his business or merchandise during recognized parade
or festival days of the town.
(5)Enter in or upon any premises or attempt to enter in
or upon any premises wherein a sign or placard bearing the notice
"Peddlers or Solicitors Prohibited," or similar language carrying
the same meaning, is located. (1989 Code, ? 5-105)
9-106. Restrictions on transient vendors. A transient
vendor shall not advertise, represent, or hold forth a sale of goods, wares or
merchandise as an insurance, bankrupt, insolvent, assignee, trustee, estate,
executor, administrator, receiver’s manufacturer’s wholesale, cancelled order,
or misfit sale, or closing-out sale, or a sale of any goods damaged by smoke,
fire, water or otherwise, unless such advertisement, representation or holding
forth is actually of the character it is advertised, represented or held
forth. (1989 Code, ? 5-106)
9-107. Display of permit. Each peddler, street barker,
solicitor, solicitor for charitable purposes or solicitor for subscriptions is
required to have in his possession a valid permit while making sales or
solicitations, and shall be required to display the same to any police officer
upon demand. (1989 Code, ? 5-107)
9-108. Suspension or revocation of permit. (1)
Suspension by the administrator. The permit issued to any person or
organization under this chapter may be suspended by the town administrator for
any of the following causes:
(a)Any false statement, material omission, or untrue or
misleading information which is contained in or left out of the application;
or
(b)Any violation of this chapter.
(2)Suspension or revocation by the town council. The
permit issued to any person or organization under this chapter may be
suspended or revoked by the town council, after notice and hearing, for the
same causes set out in paragraph (1) above. Notice of the hearing for
suspension or revocation of a permit shall be given by the town administrator
in writing, setting forth specifically the grounds of complaint and the time
and place of the hearing. Such notice shall be mailed to the permit holder at
his last known address at least five (5) days prior to the date set for
hearing, or it shall be delivered by a police officer in the same manner as a
summons at least three (3) days prior to the date set for hearing. (1989 Code,
? 5-108)
9-109. Expiration and renewal of permit. The permit of
peddlers, solicitors and transient vendors shall expire on the same date that
the permit holder’s privilege license expires. The registration of any
peddler, solicitor, or transient vendor who for any reason is not subject to
the privilege tax shall be issued for six (6) months. The permit of street
barkers shall be for a period corresponding to the dates of the recognized
parade or festival days of the town. The permit of solicitors for religious or
charitable purposes and solicitors for subscriptions shall expire on the date
provided in the permit, not to exceed thirty (30) days. (1989 Code, ? 5-109)
9-110. Additional licensing requirements, relationship
to zoning districts, and structure standards.
(1)Residential districts.
(a)Product. Merchandise being sold must be produced on
site and may include plants from the resident’s garden and/or items such as
arts and crafts produced as a hobby by a resident or produced by an approved
and licensed home occupation.
(b)City business license. (i) No license required if
sales do not extend beyond seven consecutive days or more than a total of
twenty (20) days within a ninety (90) day period.
(ii)Where a license is required such license may be
purchased at city hall. Failure to comply with required standards can result
in forfeiture of license and closure of the operation.
(c)Structures. Tables, shelving and/or racks are
permitted, but no structures for shelter shall be erected. Shelter must be
limited umbrellas.
(d)Site plans. No approvals required if a business
license is not required; however, the city building inspector shall be
notified of the location and anticipated duration of the operation; failure to
comply with required standards can result in closure of the operation. If a
license is required, follow business district procedures; however, product and
structure restrictions still apply.
(2)Business districts.
(a)Product. No restrictions.
(b)City business license. Required.
(c)Permanent structures. C structures, (defined as any
structure providing shelter and/or storage space, and intended to remain in
place for one year or longer) shall meet the following requirements:
(i)A concrete floor and other requirements of the
Standard Building Code, ch. 19.
(ii)All structures shall be of sound and safe
construction (no loose board, panels, etc.). The use of tarpaulins, plastic
and such material as a part of the structure or shelter shall not be allowed.
(iii)All structures and surroundings must be neat and
orderly.
(iv)All additions to permanent structures shall be
permanent or have the appearance of permanent construction.
(d)Temporary structures. Shall meet the following
minimum standards:
(i)Structures must be completely enclosed on at least
three (3) sides except for screened windows or other openings for ventilation.
The fourth side may be covered with neat lattice works or other material. The
use of tarpaulins, plastic and such material as a part of the structure or
shelter shall not be allowed.
(ii)All structures shall be of sound and safety
construction (no loose board, panels, etc.)
(iii)All structures and surroundings must be neat and
orderly.
(iv)The structure must have a floor.
(3)Licensing, site plan and structure approvals.
(a)An application with a site plan must be submitted to
the building inspector at least fifteen (15) days prior to the regular meeting
for approval by the planning commission.
(b)The site plan must show the exterior property
boundaries and the proposed location of all structures.
(c)The application shall include a list of materials to
be used for the structure. The planning commission may reject materials
believed to be unsafe and/or harmful to the aesthetic character and economic
value to the town. (Ord. #90-18-10, Oct. 1990)
9-111. Violation and penalty. In addition to any other
action the town may take against a permit holder in violation of this chapter,
such violation shall be punishable according to the general penalty provision
of this municipal code of ordinances. (1989 Code, ? 5-110)
CHAPTER 2
GAME ROOMS
SECTION
9-201. Prohibited in residential areas.
9-202. Hours of operation regulated.
9-203. Definitions.
9-201. Prohibited in residential areas. It shall be
un-lawful for any person to open, maintain, conduct, or operate any place
where game rooms are kept for public use or hire on any premises located in
any residential area except as may be permitted by title 14. (Ord. #91-21-11,
_____)
9-202. Hours of operation regulated. It shall be
unlaw-ful for any person or entity to open, maintain, conduct, or operate any
games for public use or hire from Saturday midnight until 1:00 P.M. on Sunday
afternoon, or between the hours of midnight and 6:00 a.m. on other days. (Ord.
#91-21-11, _____)
9-203. Definitions. A game room is defined as any room
or any part thereof, store, establishment, or any area where any person or
entity maintains pool tables, billiard tables, video games, bumper pool, table
tennis, pen ball flipper machines, or any games of like or similar nature,
used for fun and recreation whether maintained as a primary business function
or a secondary business function. (Ord. #91-21-11, _____)
CHAPTER 3
CABLE TELEVISION
SECTION
9-301. To be furnished under franchise.
9-301. To be furnished under franchise. Cable television
service shall be furnished to the Town of Oliver Springs and its inhabitants
under franchise granted to Tennessee Cablevision, Inc. by the Town Council of
the Town of Oliver Springs. The rights, powers, duties and obligations of the
Town of Oliver Springs and its inhabitants are executed by, and clearly stated
in the franchise agreement which shall be binding upon the parties concerned.
(1989 Code, ? 13-401)