City of Goose Creek

PEDDLERS, SOLICITORS AND TRANSIENT VENDORS

SECTION 13-20 Peddlers, Solicitors, and transient vendors

1. LICENSE REQUIRED. It shall be unlawful for no person, firm or corporation to engage in the business of a hawker, peddler or itinerant merchant or vendor of any articles, goods, wares of merchandise, within the City of Goose Creek without first obtaining a license therefor as provided in this chapter, unless specifically exempted therefrom by the provisions of this article.

2. DEFINITIONS. The following definitions shall apply to the interpretation of this chapter:

(a) "Residence" means every separate living unit occupied for residential purposes by one or more persons contained within any type of building or structure.

(b) "Transient merchant or vendor" means any person intending to remain in business in the City for less than one year and is operating without a permanent place of business or from a temporary or roadside site, and does not have an annual business license, who:

(1) Offers for sale tangible personal property or personal services; or

(2) Takes or attempts to take orders for the sale of tangible personal property, advertising, subscriptions, or services to be furnished or performed in the future.

(c) "Peddler or hawker" means any person who sells or offers to sell, commodities of any type from house to house, or from place to place, or on the streets, or in any other public place, or who, without traveling from place to place, sells, or offers to sell, commodities of any type from a wagon, vehicle, boat or other movable structure.

3. EXCEPTIONS. Persons engaged in the following described activities are exempt from the duty of applying for a transient merchant license:

(a) Persons selling at wholesale to merchants for the purpose of resale;

(b) Persons selling or distributing newspapers;

(d) Persons selling at events for which a blanket license has been obtained;

(e) Persons selling tangible property at a garage, basement or yard sale held at one of the person's premises but not more than two sales within any twelve-month period.

(f) Persons conducting and selling admissions to or for theatricals, shows, rides, sports and games, concerts, circuses, carnivals or any other public amusements where no sales or other products are involved and such sales are made on the premises where the event is to be conducted;

(g) Bona fide nonprofit organizations;

(h) Persons selling merchandise or services through an event sponsored by the U.S. Government, State Government or any governmental subdivision.

4 LICENSE - DISPLAY. Each transient merchant shall at all times while doing business in the city keep in the possession of such person, the license required by this chapter and shall prominently display the license so as to be visible to customers and City official as evidence or compliance with the requirements of this chapter.

5. LICENSE - APPLICATION. An application for a transient merchant license shall give the following minimum information:

(a) The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed it will be carried on in the city; the local address or addresses of such person or persons while engaged in such business; the telephone numbers of such person or persons.

(b) The permanent address of addresses of such person or persons; whether such person will act a proprietor, agent, consignee or employee, and the credentials establishing such relationship; the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated; the telephone numbers of such person, persons, corporation of corporations:

(c) The place or places in the city where it is proposed to carry on applicant's business and the length of time during which it is proposed that said business shall be conducted. A notarized copy of the applicant's lease or written permission to sell from the owner's property must be attached to the application.

(d) The place or places other than the prmanent place of business or the applicant, where applicant within three years next preceding the date of said application conducted a transient business, state the nature thereof and giving the post office box number and street address of any building or office in which said business was conducted.

(e) A statement of the nature, character and price of the tangible personal property or service to be sold or offered for sale by the applicant in the city; whether the goods are new, damaged or rejects; whether the same are proposed to be sold from stock in possession or by sample, or at auction or by direct sale or by having 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;

(f) Whether or not the person having management or supervision of the applicant's business has been convicted of any crime or violation of any federal, state, or local laws or ordinances within the five years immediately preceding the date of said application or of the violation of any law or ordinance relating to the same or similar business to be conducted by applicant. If so, the nature of such offense, the date of the same, the jurisdiction in which the offense was heard, and the punishment therefor.

(g) Whether the applicant has ever applied for a license under this chapter, which has been denied;

(h) Whether the applicant has ever held a license under this chapter, which has been revoked;

(i) Two (2) photographs, two (2) inches by two (2) inches in size, taken at the police department, showing the head and shoulders of the individual in a clear and distinguishing manner, for each individual applicant and for any person who will be conducting, managing, supervising or administering the business for or on behalf of the applicant(s);

(j) Such other reasonable information as to the identity or character of the applicant(s) or any other individuals who will be conducting, managing, supervising or administering the business for or on behalf of the applicant(s), or the method or plan of conducting the business, as the finance director may deem necessary or proper, in order to determine the fitness of the applicant(s) to have the license issued, for the protection of the public health, safety and welfare. The failure to provide the requested information will cause the application to be denied and returned without further action to the applicant.

(k) The application shall provide written notice to the applicant(s) that the information obtained during the application process shall become public information in conformance with the State of South Carolina Freedom of Information Act in its entirety.

6. INVESTIGATION - ISSUANCE - APPEALS.

(a) Upon receipt of an application for a license under the provisions of this article, the finance director shall refer the application to the police department, the department of public works, the fire department, the planning and zoning department, and other agency or department of the city deemed appropriate for review, investigation and recommendation, in order to determine whether the activities proposed to be undertaken would be contrary to any law or whether the issuance of the license would otherwise be contrary to the public health, safety or welfare. No license shall be issued until the finance director has received reports and recommendations from all department and agencies to which the application has been referred.

(b) Issuance of license; appeals from denials or revocations.

(1) Upon receipt of reports and recommendations as herein provided, the application, together with all supporting information shall be forwarded to the City Administrator, who shall determine whether or not to issue the license for which application has been made. The application shall be approved unless the City Administrator determines that the activities proposed to be undertaken would be contrary to law or the granting of the license would otherwise be detrimental to the public health, safety or welfare; specifically, the City Administrator shall take into consideration any reports of unethical conduct by any reporting agency, reports of habitual violations of rules, regulations and ordinances, and the potential for the creation of a public nuisance which shall constitute sufficient reason for the denial of a license. If an application is denied, the City Administrator shall set forth his reasons in writing and a copy of such decision shall be provided to the applicant.

The decision of the City Administrator to grant, deny or revoke any license under the provisions of this article shall be final, unless the applicant(s) or any person aggrieved by any such determination shall fill a written appeal or said decision to the Mayor and City Council within fifteen (15) days thereof, setting forth the grounds of any such appeal. Such appeals shall be heard on the record and decided by the Mayor and City Council at their first regularly scheduled meeting after receipt of such appeal. The decision of the City Administrator shall be reversed only upon a determination by the Mayor and City Council that the decision of the City Administrator was arbitrary or capricious. The action of the City Administrator with respect to this issuance for denial of any license under the provisions of this article shall not be stayed by the filing of any appeal therefrom.

(c) If the application is approved, the Finance Director, subject to the provisions codified in this chapter, shall issue within seven days a license and charge a fee determined by Section 7 of this chapter, after a three complete working day minimum, allowing for the processing of the application as provided for in this chapter.

7. LICENSE - FEES.

(a) Before an application shall be processed, applicant shall pay an annual application fee of $50.00 for the initial application and a $25.00 application fee for each week thereafter.

(b) Before a license shall be issued, applicant shall pay a weekly license fee according to the following schedule:

First $2,000.00 of Income	Over $2,000.00
$49.00 per thousand or fraction thereof	$4.00 per thousand or fraction thereof

8. FIXED LOCATION TRANSIENT MERCHANTS. No transient merchant shall engage in business at a fixed location without the written permission, by lease or otherwise, of the owner or person in control of the property. The written agreement shall be signed by the parties and shall include the dates the transient merchant shall be conducting business. This agreement shall be displayed by the transient merchant at such fixed location when he is doing business there.

9. DUPLICATE AND INDIVIDUAL LICENSES. When each required. A transient merchant license may be issued to a person carrying on the business of transient merchant in this city through employees. Such employees shall carry a duplicate license issued to the person, which license shall be obtained at the finance director's office. If the business of transient merchant in this city is carried on through agents who are not employees or by consignees, or by an unincorporated firm or association, each person so conducting the business of transient merchant in this city shall be required to have a separate license.

10. REVOCATION OF LICENSE - PROCEDURE.

(a) The City Administrator may revoke any license issued under the provisions of this chapter by sending a notice of revocation by certified mail to the license hold at his last known address, return receipt requested, or by personal service on the license holder or its officers for any of the following causes:

(1) Information showing that the license was erroneously issued initially;

(2) For any violation of the provisions of this chapter;

(3) For any violation of any city or state law regulating the sales activities of the license holder.

(b) The license shall stand denied or revoked unless within five days after denial or receipt of the notice of revocation from the City Administrator, the license applicant or holder files a written appeal pursuant to Section 6(b) (2).