South Dakota

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Chapter 15.06     Transient Merchants and Peddlers

15.0601     Definitions

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Peddler - A person engaged in the selling of property or services to include, but not limited to spraying, trimming, or pruning of trees and shrubs of all species, painting or repairing buildings or structures, and pest or rodent control, by going about from place to place, highway or street parking, or house to house either in person or by telephone to sell the same and who carries with him or her such property for delivery at the time of sale or performs such service at the time of contract for such service or immediately thereafter.

Solicitor - A person engaged in going from place to place, highway or street parking, or house to house in person or by telephone to solicit orders for, or to offer to sell, property or services for future delivery.

Transient Merchant - Any person, firm, corporation, partnership, association, or agent thereof transacting a temporary business where goods other than goods produced by him or her are exposed for wholesale or retail sale at any place in this state. A business operated more than six months in one place by the same person shall be deemed a permanent business, but one commenced and discontinued within six months thereafter shall prima facie be presumed a temporary business, and its operator a Transient Merchant.

15.0602     Transient Merchant License Required

Every transient merchant shall obtain a license and pay to the city a license fee of $25 for each six months that said transient merchant shall conduct said business licensed under this chapter. Said license fee shall be payable in advance, and the license issued under this chapter shall be posted conspicuously in the place of business named therein.

15.0603     Peddler/Solicitor License Required

It shall be unlawful for any person to be engaged in the business of peddler or solicitor as defined herein within the corporate limits of the city without first obtaining a permit and license therefor as provided herein. The fees required for said licenses shall be $25 for each six months payable in advance, provided that no fees shall be required of one selling products actually produced by the seller. Peddlers are required to exhibit their licenses at the request of any citizen.

15.0604     Application for License

Applicants for license under this chapter, whether a person, firm, or corporation shall file a written, sworn application signed by the applicant, if an individual, or by a partner if a partnership, or by an officer if a corporation, with the Finance Officer showing:

a)    The name or names of the applicant for license;

b)    The name or names of the person or persons having management or supervision of applicant’s business during the time it will be carried on in the city and the permanent address and addresses of such person or persons, the capacity in which such person or persons will act; that is, whether proprietor, agent, or otherwise;

c)    The place or places in the city where it is proposed to carry on applicant’s business and the length of time it is proposed that said business shall be conducted;

d)    A statement of the service to be provided or of the quality of the goods, wares, and merchandise to be sold or offered for sale by applicant whether the same are proposed to be sold from stock in possession or by sample, at auction by direct sale, or by taking orders for future delivery, where the goods or property proposed to be sold are manufactured or produced, and where such goods or products are located at the time said application is filed;

e)    At least three references as to the integrity of the applicant, including names, addresses, and telephone numbers;

f)     Last three locations of operation and dates thereof;

g)    Proof of sales tax license and license number; and

h)   Any other information that the Council may require.

15.0605     Approval of License

Any person seeking to obtain a license under the provisions of this chapter shall have obtained all required county and/or state permits, shall have completed an application for license, and shall have paid to the Finance Officer the amount provided for by this chapter for such a license. The Finance Officer shall then furnish the applicant a receipt designating the location of business and kind of activity applied for. Upon presentation of said receipt to the city, the City Council, at its discretion, if it deems the applicant a suitable and proper person to have such license, shall approve such license and direct the Mayor to sign the receipt. Said receipt when signed shall be deemed a good and sufficient license. If the City Council does not grant said license, the applicant shall be informed of the same and Finance Officer shall thereupon refund the amount of the license fee paid and the applicant’s receipt shall be the Finance Officer’s voucher for the money refunded.

15.0606     Revocation of License

Any license issued hereunder may be revoked, after notice and hearing, by the City Council for any of the following causes:

a)    Fraud, misrepresentation, or false statements contained in the application for license;

b)    Fraud, misrepresentation, or false statements made in the course of carrying on the business as a peddler, solicitor, or transient merchant hereunder;

c)    Any violation of this chapter, or other law or regulation;

d)    Conviction of any crime or misdemeanor involving moral turpitude; or

e)    Conducting the business licensed hereunder in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

15.0607     Appeal

Any person feeling aggrieved by the decision of the City Council in regard to the revocation of license or denial of application for license as provided in 15.0405 and 15.0406 of this chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the Finance Officer within ten days after notice of the decision of the Council, a written statement showing the grounds for the appeal. The Finance Officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to such person in writing setting forth the time and place of the hearing. This notice shall be mailed or delivered personally to the licensee/applicant at least five days prior to the hearing date.

15.0608     Exceptions  

a)    Nothing in this chapter shall prohibit the distribution of any commodity from a railroad car by a cooperative association purchased in car lot for the personal use of its premises, nor the sale of services or goods by nonprofit groups located within the city limits.

b)    This chapter does not apply to the peddling or soliciting of telecommunications services subject to the provisions of SDCL 49-13 or 49-31.