PEDDLER OR VENDOR: Any person traveling by foot, motor vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, food or farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers. (Ord. 2206, 10-6-1997; Ord. 2749, 8-18-2008)

It shall be unlawful for any "peddler" or "vendor" as the same are herein defined, or for any "temporary use" or "transient merchant" as defined in section 10-02-13 of this code, to engage in such business within the corporate limits of the city without having first been issued a license by the city clerk's office. (Ord. 2749, 8-18-2008)

The provisions of this article do not apply to:

(1) Any sale under court order;

(2) An auction sale;

(3) Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to or solicit orders for future delivery from local retailers, businesses, governments, schools or wholesale firms; (Ord. 2206, 10-6-1997)

(4) The sale of farm or garden products under "farmstand" as defined in section 10-03-11 of this code; (Ord. 2749, 8-18-2008)

(5) The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;

(6) Contribution solicitation where the person being solicited to contribute personally knows the identity of the person soliciting the contribution, the name of the group or organization he represents and the nature of the services performed or offered by the group or organization;

(7) The sale of admission by local school students to a function of their school or fundraising or community events sponsored by local service clubs such as Elks, Kiwanis, Boy or Girl Scouts, etc.;

(8) Any political group seeking funds or membership;

(9) Any solicitation of information for a telephone book or a city directory by a company representative;

(10) A sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale;

(11) A sale of goods, wares, merchandise and personal property of any nature whatsoever for resale to or by a business establishment at a fixed location where goods or services are offered or exhibited for sale;

(12) Any sales that are within the provisions provided within the home occupation permit. (Ord. 2206, 10-6-1997)

(13) Any activity protected against regulation by any provision of the United States constitution or Idaho constitution. (Ord. 2777, 11-17-2008)

(1) Application for a license to be issued under the provisions of this article shall be made to the city clerk and shall contain a statement concerning the type of business contemplated.

(2) Applicant will need to show proof of a state of Idaho resale number. (Ord. 2206, 10-6-1997)

No licensee shall have any right to any fixed, regular, or established location in a public street or right of way, nor shall he be permitted to conduct his business in any congested area where his operations might impede or inconvenience the public. The judgment of a police officer is deemed conclusive as to whether the area is congested or the public is impeded or inconvenienced. No business activity shall be carried on in any area of the city by any licensee where such business activity is prohibited by the city zoning code. No licensee shall be permitted to conduct his business or trade in or on any city park, building or adjacent grounds. (Ord. 2253, 10-19-1998)

When the applicant proposes to peddle any food or product for human consumption, certification by the Southwest health district is required prior to issuance of a license. (Ord. 2206, 10-6-1997)

Upon receipt of application, or application renewal, the city clerk shall refer the application to the chief of police, who shall cause an investigation to determine the validity and completeness of information presented on the application. The chief of police shall endorse upon the application the findings of the investigation and return it to the city clerk within five (5) working days. Where an application for renewal of a license is involved and the city clerk has received no complaints or allegations of any violation of this chapter or other laws by the applicant, the clerk may approve the application without referral of the application to the chief of police. (Ord. 2253, 10-19-1998)

A per person license fee shall be paid in an amount established by resolution of the city council, valid for three (3) months. The license shall be exhibited in a conspicuous place if the licensee is using a vehicle or a building in his business and otherwise must be kept by the person and exhibited at any time upon request. (Ord. 2780, 1-5-2009)

No licensee shall:

(1) Misrepresent the purpose of solicitation;

(2) Misrepresent affiliation of those engaged in the solicitation;

(3) Continue efforts to solicit from a person once that person informed the solicitor that he does not wish to give anything or to buy anything from that solicitor;

(4) Represent the issuance of any license under this article as an endorsement or recommendation of the solicitation;

(5) Enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect;

(6) Knowingly make any false statement on an application for a license. (Ord. 2206, 10-6-1997)

The city has the power to revoke any license granted in accordance with this article for any of the following causes:

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

(2) Fraud or misrepresentation or false statement made in the course of conducting the business or trade;

(3) Any other violation of this article;

(4) Conviction of any crime or misdemeanor involving moral turpitude;

(5) Conducting business 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. (Ord. 2206, 10-6-1997)

(1) License Required: Any person or persons using, leasing or purchasing a properly zoned site or parcel in the city to sell, trade, offer for sale or trade, or display for the purpose of sale, trade, or giveaway any goods and/or services as a "temporary use" or "transient merchant" as defined in section 10-02-13 of this code, shall be required to have a license issued by the city clerk after a temporary use/transient merchant license application is approved through the requirements listed in section 10-02-13 of this code.

(2) License Fee: License fees shall be established by resolution of the Caldwell city council along with application fees and inspection fees from any applicable city department involved in the approval process. (Ord. 2749, 8-18-2008)