5.30.010 Defined.
Transient Merchants:
(a) A transient merchant is defined as any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, and/or the services, wares, and merchandise within this City, and who, in furtherance of such purpose, peddles from door to door or uses any building or structure, or any street, alley, or other place within the City, for the exhibition and sale of such goods, wares, and merchandise, and/or the performance of services, either privately or publicly. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. As used in this chapter, “temporary” means for a period contemplated to be less than one hundred twenty (120) days duration.
(b) Every person who would be a transient merchant, as defined in subsection (a) above, except for his or her declaration of intent to remain in business in the City for longer than one hundred twenty (120) days, shall nonetheless be presumed to be a transient merchant unless or until he or she has:
(1) Purchased or leased for a term of at least four (4) months, real property within the City from which his or her business is being or will be conducted;
(2) Engaged in the same business within the City for at least five (5) consecutive months during each of the preceding two (2) calendar years; or
(3) Otherwise objectively demonstrated his or her intent to remain in business in the City for a period longer than one hundred twenty (120) days by other than his or her declaration of intent to so remain.
(c) The foregoing notwithstanding, however, a transient merchant for the purposes of this section, shall not include the following:
(1) The sale of personal goods or wares at such functions as garage sales, flea markets, bake sales, or items that, by their nature, have intrinsic value based solely on artistic, visual, or decorative appeal (examples are, but are not limited to, art work, art reproduction, Christmas trees and flowers); or
(2) Fund raising activities of non-profit organizations or groups which have filed with the State of Alaska under the provisions of AS 10.20; or
(3) Commercial travelers who regularly take orders for goods in the usual course of business where orders are taken from persons regularly engaged in wholesale or retail business and where no payment prior to delivering of such goods is required.
Peddlers:
(a) A peddler is one who engages in selling or peddling goods, wares, merchandise, or services within the City of Kenai from house to house, and any person who goes from house to house, or from place to place selling or taking orders for the sale of such goods, wares, merchandise, or services by sample or otherwise for future delivery, and any person who goes from house to house selling or taking orders for loan agreements, contracts, insurance, newspapers, books, pictures, periodicals, or services; provided, however, that the provisions of this chapter shall not apply to sales to dealers by commercial travelers, who regularly take orders for goods in the usual course of business where orders are taken by persons regularly engaged in wholesale or retail business and where no payment prior to delivery of such goods is required.
(b) No peddler shall ply his or her vocation on any street, sidewalk, park, parkway or in any other public place unless his or her peddler’s license specifies that peddling in such public places is permitted thereunder.
(c) Any resident of the City who wishes to exclude peddlers or solicitors from premises occupied by him or her may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: “peddlers and solicitors prohibited.” Such placard shall be at least three and three-fourths inches (3 3/4″) by three and three-fourths inches (3 3/4″) and the printing thereon shall not be smaller than forty-eight (48) point type. No peddler shall enter in or upon any premises, or attempt to enter in or upon any premises, where placard or sign is placed and maintained. No person other than the person occupying such premises shall remove, injure or deface such placard or sign.
(Ord. 1860-2000)