TRANSIENT VENDORS

Hattiesburg Code of Ordinances ch. 32, art. IV

in effect

Hattiesburg Code of Ordinances § 32-82 Use of streets and sidewalks as places of trade or business.

Sec. 32-82. - Use of streets and sidewalks as places of trade or business. (a) It shall be unlawful for any person to use the streets or sidewalks of the city as places of trade or business or as stands from which to conduct any trade or business. (b) This section shall not be construed as preventing the temporary stopping or parking of vehicles on the streets for the purpose of making the sale of ice cream products to pedestrians, or of making sale or delivery of goods, wares, merchandise or produce on private premises to occupants of the buildings or dwellings thereon where such sale or delivery is not prohibited by other ordinances of the city; but shall be construed as prohibiting the stopping or parking of vehicles or other forms of conveyance on the streets for the purpose of selling and delivering from vehicles to the general public any goods, wares, merchandise or produce or otherwise engaging in trade or business there from with the general public (Ord. No. 3084, § 1, 2-21-2012)

Hattiesburg Code of Ordinances § 32-83 Use of streets and sidewalks for solicitation, etc., for purpose of selling wares, merchandise, etc.

Sec. 32-83. - Use of streets and sidewalks for solicitation, etc., for purpose of selling wares, merchandise, etc. It is hereby declared to be a public nuisance and it shall be unlawful for any person to solicit, accost or canvas persons on the streets or sidewalks of the city for the purpose of selling any books, wares, merchandise or articles of any description. Such practice is hereby declared to be obnoxious to the personal rights, convenience and privileges of the public and is further declared as impeding orderly traffic on streets and sidewalks. (Ord. No. 3084, § 2, 2-21-2012)

Hattiesburg Code of Ordinances § 32-84 Application to charitable, civic or service organizations.

Sec. 32-84. - Application to charitable, civic or service organizations. The provisions of section 32-83 shall not apply to persons soliciting funds in drives sponsored by and solely for charitable, civic or service organizations, except that any solicitation or canvassing on the streets of the city by pedestrians or otherwise is declared to be a public nuisance, danger and hazard and punishable as a misdemeanor. (Ord. No. 3084, § 3, 2-21-2012)

Hattiesburg Code of Ordinances § 32-85 Transient vendors in general.

Sec. 32-85. - Transient vendors in general. (a) Transient vendors may not conduct sales of any of their products or services at residential premises except during the hours of 8:00 a.m. to 8:00 p.m., Monday through Saturday. Transient vendors are not allowed to make any sales of any products or services at residential premises on Sundays, nor during any hours not set forth herein. (b) Transient vendors are prohibited from selling their products or services on any public right-of-way of the city, state or county. (c) Transient vendors may not sell any products or services on any property without having first obtained written permission from the owner or legal occupant of the premises upon which sales of products or services may be offered. (d) Each applicant for a transient vendor license shall designate a registered agent on the license application. The registered agent must be a resident of the city and shall be the agent on whom any process, notice or demand required or permitted by law to be served on the licensee may be served. The registered agent must agree in writing to act as the agent. The license applicant shall file a copy of the agreement with the license application. (e) The tax collector shall maintain an alphabetical list of all transient vendors in the municipality, and the names and addresses of their registered agents. (f) If a transient vendor fails to have or to maintain a registered agent in the city or if the designated registered agent cannot be found at the stated permanent address, the tax collector is the agent of the transient vendor for services of process, notices or demands. Service on the tax collector is made by delivering to his/her office duplicate copies of the process, notice or demand. If such a process, notice or demand is served on the tax collector, he/she shall immediately forward one copy by registered or certified mail to the permanent address of the transient vendor pursuant to the provisions of MCA 1972, § 75-85-11. (g) This section does not limit or otherwise affect the right of any person to serve a process, notice or demand in any other manner authorized by law. (h) Applicants for a transient vendor's license shall pay a fee to the city with their application, in the sum now or hereafter established by the city. Applicants who are licensed businesses permanently located in the city and have a current state sales tax number shall pay a fee in the sum now or hereafter established by the city. The tax collector shall issue a transient vendor license under this article only if all requirements of this article have been met. The license is not transferable and is valid only within the territorial limits of the issuing city. A license expires 90 days after the day of issuance. (i) A license may be renewed on payment of a renewal fee in the amount now or hereafter established by the city and filing for renewal with the tax collector, before the expiration of the current license. A license may be renewed only one time after which a licensee must once again purchase a new license pursuant to the provisions of MCA 1972, § 75-85-13d. (j) Prior to offering any merchandise or services for sale, transient vendors must report to the tax collector and the land development code administrator of the city and obtain written approval in order to ensure that the terms and provisions of the Mississippi Code and this Code regulating transient vendors and this article have been met. (Ord. No. 3084, § 4, 2-21-2012)

Hattiesburg Code of Ordinances § 32-86 Report by hotel keeper.

Sec. 32-86. - Report by hotel keeper. The owner, proprietor or manager of any hotel, motel, roominghouse, or other place of public accommodation shall report, within six hours after renting, to the tax collector the name of any person who has rented a room or other space for the sale and display of merchandise of a transient merchant, giving the location of the room so rented. (Ord. No. 3084, § 5, 2-21-2012)

Hattiesburg Code of Ordinances § 32-87 Regulations applicable to transient vendors who sell fresh and frozen fish, meat and poultry.

Sec. 32-87. - Regulations applicable to transient vendors who sell fresh and frozen fish, meat and poultry. (a) All transient vendors who engage in the selling of fresh or frozen fish, meat or poultry at any place in the city temporarily and who do not intend to become or do not become a permanent retailer at such place shall comply with the following regulations. (b) Transient vendors may not sell any products or services on any property without having first obtained written permission from the owner or legal occupant of the premises upon which sales of products or services may be offered. (c) Prior to offering any merchandise for sale, transient vendors must report to the land development code administrator of the city and obtain written approval in order to ensure that the terms and provisions of the Mississippi Code and this Code regulating transient vendors and this article have been met. Once issued, the permit to do business shall be effective for a period of six months. (d) Upon application for a transient vendor's license, the vendor shall present a valid retail food store license issued by the state department of agriculture and commerce acknowledging that the vendor is in compliance with the department's rules on retail sales of fresh and frozen fish, meat and poultry from motor vehicles. (e) The transient vendor's name, address and telephone number shall be visible on the vendor's vehicle. The city's vendor's license and department of agriculture's retail food license must be conspicuously displayed on the vehicle during sales. (f) The vendor shall present the mobile vehicle to the city prior to licensing for inspection. (g) City personnel may inspect the vehicle at any time during the hours of operation. (h) The storage areas of the vehicle shall be completely enclosed. (i) The floors and walls of the vehicle and the products contained shall be made of material having a smooth surface and cleaned and maintained in a sanitary condition with the use of a cleaning product recognized by the food industry and used in accordance with the manufacturer's labeling instructions. (j) The vehicle shall have adequate toilet facilities unless the licensee has a written agreement with a readily accessible facility to use that facility's toilet facilities during the licensee's hours of operation. Said agreement shall remain in the vehicle at all times during hours of operation. (k) The vehicle shall have lavatory facilities with hot and cold running water under pressure and cake, powder or liquid soap shall be made available with individual paper, individual cloth, or other type towels. In lieu of this requirement, licensees and its employees may use chemically treated towelettes for hand washing. (l) All food products stored or offered for sale from mobile vehicles must have containers that are leak proof or placed in a leak proof container. Water accumulating from melting ice drained into a waste disposal holding tank (sized at least 15 percent larger than the food container or containers) for disposal later in an approved sewer treatment facility, such as a public sewage treatment plant or an individual sewage disposal system that is sized, constructed, maintained and operated according to the law unless the vehicle, can be connected to an approved disposal system at each point of operation. (m) All fresh fish or poultry shall be maintained at 41 degrees Fahrenheit or less. This can be accomplished by maintaining adequate ice on the fish or poultry without mechanical refrigeration or a combination of ice and mechanical refrigeration. All meat shall be maintained at 41 degrees Fahrenheit or less by mechanical refrigeration only. (n) All meat, fish, or poultry shall be protected from contamination from dust, dirt, foreign or injurious contamination and from cross-contamination by other type food products, including other types of meat, fish or poultry. (o) Advertisements must be completely in accordance with the labeling of the containers. (p) The price per pound of each product must be included in the advertisement. (q) All phases of the retail transaction shall be accomplished within the enclosed vehicle. This would include obtaining the particular product requested by a customer from storage within the vehicle, weighing the product and packaging the product. (r) Sample boxes shall not be displayed out of refrigeration. Products sold to customers at locations other than the vehicle must be picked up by the customer from the vehicle. (s) Any person violating any provisions of this section shall be guilty of a misdemeanor. In addition, should the land development code administrator determine that a violation jeopardizes the health, safety and welfare of the general public he/she shall cause to be issued a cease and desist order temporarily revoking the applicant's permit until such time as the permittee is in complete compliance with this section. (Ord. No. 3084, § 6, 2-21-2012)

Hattiesburg Code of Ordinances § 32-88 Definitions.

Sec. 32-88. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber and sea urchin) other than birds or mammals, and all mollusks if such animals are intended for human consumption. Meat means the flesh of animals intended for human consumption, including the dressed flesh of cattle, swine, sheep, or goats and other edible animals or ruminants with the exception of fish and poultry. Mobile vehicle means any land vehicle that is capable of being moved from place to place and is not stationary. Poultry means any domesticated bird intended for human consumption, including chickens, turkeys, ducks, geese, guineas or exotic birds. Registered agent must be a resident of the city. Transient business means any business conducted for the sale of merchandise or services that is carried on at a particular location for a period of less than six months in each year, even though the owner of such business may conduct the business at another location for more than six months in each year. Transient vendor means a retailer who engages in the selling of any product of service at any place in the city temporarily and who does not intend to become or does not become a permanent retailer of such place. (Ord. No. 3084, § 7, 2-21-2012)

Hattiesburg Code of Ordinances § 32-89 Certificate of zoning compliance.

Sec. 32-89. - Certificate of zoning compliance. Anyone conducting transient business, including nonprofits and others exempt from licensing requirements, shall obtain a certificate of zoning compliance from the land development division. The zoning district must be compatible with the type of business to be conducted and may be subject to approval by the site plan review committee. (Ord. No. 3084, § 8, 2-21-2012)

Hattiesburg Code of Ordinances § 32-90 Penalties.

Sec. 32-90. - Penalties. Any person who knowingly or intentionally operates a transient business without a valid license as provided by this article or who knowingly or intentionally advertises, offers for sale, or sells any merchandise or services in violation of this article shall, upon conviction, be guilty of a misdemeanor. Such person may also be proceeded against by suit, and the tax collector may seize and sell any property of the person liable for the tax and penalty in the same manner as may be detrained and sold pursuant to the provisions of MCA 1972, § 75-85-19. This article shall be enforced by the code enforcement division and the police department. (Ord. No. 3084, § 9, 2-21-2012)

Source: City of Hattiesburg, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/hattiesburg/codes/code_of_ordinances?nodeId=COOR_CH32LIPEMIBURE_ARTIVTRVEFetched: 11/1/2026