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APPLICATION FOR PEDDLER/HAWKER LICENSE
For security reasons, please DO NOT ENTER YOUR SOCIAL SECURITY and DRIVERS LICENSE INFORMATION AND SUBMIT ONLINE, rather, print the form and complete/submit to the City Clerk, City of Fairbury, 612 D. Street, Fairbury, NE 68352
1. If the application is made for a license to conduct a flea market or long-term garage or yard sale (meaning a garage or yard sale that is to last longer than three (3) days at a time OR that occurs more frequently than once every six (6) months), following submission of this application to the City Clerk, the applicant must appear before the City Council at a date and time specified by the City. The City Council may approve or deny a license for such activity based upon the testimony of the applicant in response to any inquiry by the Council, and on the basis of information contained in, submitted with, or considered with this application, based on considerations of the health, safety, and welfare of the City; the orderly governance of the City and protection of the public peace; and preventing or eliminating nuisance or similar conditions.
2. If the application is made for a license to conduct any other peddler/hawker activity listed in this license, the license may be granted administratively by the City.
3. Upon approval, this application becomes the license sought.
To prevent the sale of fraudulent, dangerous, and unhealthful goods and services, and to protect the public by maintaining records of the products sold and the persons and companies responsible for those sales, all peddlers and hawkers shall, before doing business within the municipality, make application for, and be issued a license. Application for a license shall be made to the Municipal Clerk upon forms supplied by the municipality, and shall contain all the necessary information, and documents required for the protection of the residents of the municipality. Any person or persons granted a peddler and hawker license shall be subject to any fees, occupation taxes, and other rules and regulations which the City Council deems appropriate for the purposes stated herein. Any license so granted shall be subject to revocation for good and sufficient cause by the municipal police. (Neb. RS 17-134 and 17-525) Penalty, see SECTION 10.99
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PEDDLERS and HAWKERS. Include any person, firm, or corporation vending merchandise and services within the corporate limits who sell directly or indirectly, for present or future delivery, whether sold by sample or by taking orders. Businesses and activities included in this definition shall include, but not be limited to, dealers in home improvements, termite control, tree servicing, insurance solicitation, magazine sales, book sales, novelties, tapestries, fruit and vegetable vendors, flea markets, and garage or yard sales or similar sales events that last longer than three (3) days at a time or that occur more frequently than one every six (6) months. (Neb. RS 17-134) (Am. Ord. 3033, 8-6-13)
It shall be unlawful for any solicitor, salesperson, or peddler to solicit any individual between the hours of 9:00 p.m. and 8:00 a.m., unless he or she has a previous appointment with the resident, or residents, of the premises solicited. It shall be unlawful at any hour for a solicitor, salesperson, or peddler to solicit without the proper permit on his or her person at all times. (Neb. RS17-134 and 17-562) (Am. Ord. 2485, 12-18-90) Penalty, see SECTION 10.99
Nothing herein shall be construed to apply to any person, or persons, selling produce raised within the country, or to wholesale salespersons soliciting merchants directly, or to a representative of a nonprofit or charity organization soliciting on behalf of that organization.
Any person desiring to erect, establish, or maintain a stand or apparatus for the sale of popcorn, ice cream, cold drinks, vegetables, produce, fruit, or other commodities and wares shall present to the Municipal Clerk a written consent of the owner or occupant of the lot in front of which the sidewalk space or street space is located which is desired to be occupied for those sales purposes. The Municipal Clerk shall then present the written consent and the application to use the public ways and property for sales purposes to the City Council, which shall determine whether or not to grant the application. The licensee, upon being granted permission to use the sidewalk or street space, shall pay to the Municipal Clerk a permit fee which shall be in addition to anyother license fee which might be required of certain classes of peddlers and hawkers as hereinbefore provided. The Municipal Clerk shall then issue a license whereon shall be prescribed the length of time, not exceeding one year, to permit the use of the area of the public ways and property prescribed thereon for the purposes set out in the license issued. Any license issued may be revoked at will by The City Council. (Neb. RS 17-134) Penalty, see SECTION 10.99
It shall be unlawful for any person or persons to erect or cause to be erected any advertising display, sign, or other construction in the parkways or on other municipal property without first obtaining a permit. (Neb. RS-17-140) Penalty, see SECTION 10.99
Any person or persons wishing to erect or cause to be erected any advertising display, sign, or other construction for the purpose of advertising on or over any municipal property shall make an application to the Municipal Clerk. The application shall contain all the necessary information and documents which the City Council deems appropriate. The City Council shall then assign to a Sign Committee the duty to consider the application, to visit the proposed location of the contemplated construction, and to recommend the acceptance or rejection of the proposed application. The Sign Committee shall consist of the Mayor, the Line Superintendent, the Chief of Police, and the City Attorney, except when the City Council shall appoint some other official or person to fill one (1) or more of the Sign Committee positions. If the City Council accepts the application, it shall then direct the Municipal Clerk to issue the permit. Any person or persons granted a sign permit shall be subject to any fees, taxes, or other rules and regulations which the City Council deems appropriate. Any permit so granted shall be subject to revocation for good and sufficient cause by the City Council. (Neb. RS 17-140) Penalty, see SECTION 10.99
It shall be unlawful for any person or persons to erect or cause to be erected any signs, posts, awning posts, billboard advertisements, or mercantile displays upon any street or sidewalk; provided, signs may be erected, and fastened to buildings at least eight (8) feet above the sidewalks if they are constructed in such a way as not to exceed three (3) feet in length. Electrical illuminated signs may be erected not to extend beyond the building more than eight (8) feet, but must be fastened to the building at least 12 feed above the sidewalks. Nothing herein shall be construed to apply to any sign or signs erected prior to the passage of this section tat are not an immediate danger to the residents of the municipality. (Neb. RS 17-140) Penalty, see SECTION 10.99
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