[Adopted 2-28-1984 by Ord. No. 895 as
Art. II of Ch. 219 of the 1984 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any individual, whether a resident of the City or not, traveling
either by foot, wagon, automobile, motor truck or any other type of
conveyance, from place to place, from house to house or from street
to street, taking or attempting to take orders for the sale of goods,
wares and merchandise or personal property of any nature whatsoever
for future delivery or for services to be furnished or performed in
the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such sale or whether he or she
is collecting advance payments on such sales or not, including any
person who, for himself or herself or for another person, hires, leases,
uses or occupies any building, structure, tent, railroad boxcar, boat,
hotel room, lodging house, apartment or shop or any other place within
the City for the sole purpose of exhibiting samples and taking orders
for future delivery. The provisions of this definition shall not apply
to any established society, labor union, association or corporation
that is organized and operated exclusively for any educational, philanthropic,
benevolent, fraternal, charitable or reformatory purpose, not operated
for pecuniary profits, where no part of the net earnings of which
inures to the benefit of any person, private shareholder or individual
and where the solicitation of such organization shall be conducted
by members or officers thereof voluntarily and without remuneration
for such solicitation or where such solicitation may be in the form
of collections or contributions at the regular exercises of any church,
religious society, lodge, labor union, benevolent order or fraternity
or similar organization or any branch thereof.
It shall be unlawful for any solicitor or canvasser
to engage in such business within the City without first obtaining
a license therefor in compliance with the provisions of this article.
Applicants for a license under this article
shall file with the Roseville Police Department a sworn application
in the form and manner required by such Department, which shall state
the following information:
A.
The name and a description of the applicant.
B.
The permanent home address and full local address
of the applicant.
C.
A brief description of the nature of the business
and the goods to be sold.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E.
The length of time for which the right to do business
is desired.
F.
The place where the goods or property proposed to
be sold, or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time said
application is filed and the proposed method of delivery.
G.
A photograph of the applicant, taken within 60 days
immediately prior to the date of filing of the application, which
picture shall be two inches by two inches and shall show the head
and shoulders of the applicant in a clear and distinguishing manner.
H.
The names of two or more personal references who will
certify as to the good character and responsibility of the applicant.
[Amended 4-23-2002 by Ord. No. 1160]
I.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
Each applicant for a license shall, at the time of making such application, pay the license fees specified in Chapter 133, Fees, of this Code.
A.
Any honorably discharged member of the Coast Guard,
soldier, sailor or marine of the military or naval service of the
United States, who is a resident of the state and veteran of any war
in which the United States of America has been or shall be a participant,
shall have the right to take orders for or sell his or her own goods,
wares and merchandise within the City by procuring a license therefor
as herein prescribed. Application for such license shall be made to
the Roseville Police Department in the form and manner prescribed
in this article, and upon presentation to the Police Department of
a certificate of honorable discharge from the Coast Guard, Army, Navy
or Marine Corps of the United States, which certificate shall show
that the applicant is a veteran of any war in which the United States
has been or shall be a participant, a veteran's license shall be issued
to the applicant without cost.
B.
Any person exempt by law from the payment of license
fees as prescribed herein shall comply with all other provisions of
this article, and upon submission of satisfactory evidence to the
Roseville Police Department of such exemption, the Police Department
shall issue to such applicant a license without requiring the payment
of any fee, and the Police Department shall indicate upon the face
of the license that same was issued pursuant to such exemption without
any fee being paid therefor.
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made as he or
she deems necessary for the protection of the public welfare.
B.
If as a result of such investigation the character
and the business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his or her approval
and shall return said application to the Police Department, which
shall issue a license to such applicant. Such license shall contain
the signature and seal of the issuing officer and shall show the name,
address and photograph of said licensee, the class of license issued
and the kind of goods to be sold thereunder, the amount of fee paid,
the date of issuance and the length of time the same shall be operative,
as well as the license number and other identifying description of
any vehicle used in such soliciting or canvassing. The Police Department
shall keep a permanent record of all licenses issued.
C.
If as a result of such investigation the applicant's
character or business responsibility appears to be unsatisfactory,
the Chief of Police shall endorse on such application his or her disapproval,
which shall be submitted, along with the results of the investigation,
to the Police Department, which shall not issue such license.
[Amended 7-27-1999 by Ord. No. 1125]
Every applicant not a resident of the City or who, being a resident of the city, represents a firm whose principal place of business is located outside of the state shall file with the Roseville Police Department a surety bond, running to the city, in the amount provided in Chapter 133, Fees, with surety acceptable and approved by the City Manager, conditioned that said applicant shall comply fully with all the provisions of the ordinances of the City and the statute of the state regulating and concerning the business of solicitor and guaranteeing to any citizen of the City that all money paid as a down payment will be accounted for and applied according to the representations of the solicitor and further guaranteeing to any citizen of the City doing business with said solicitor that the property purchased will be delivered according to the representations of said solicitor. Action on such bond may be brought in the name of the City to the use or benefit of the aggrieved person.
It shall be the duty of any police officer to
require any person seen soliciting or canvassing and who is not known
by such officer to be duly licensed to produce the solicitor's or
canvasser's license, and to enforce the provisions of this article
against any person found to be violating the same.
[Amended 3-12-2002 by Ord. No. 1157]
No solicitor or canvasser shall engage in business
before the hour of 9:00 a.m. or after sundown.
The Chief of Police shall report to the Police
Department all convictions for violation of this article, and the
Police Department shall maintain a record for each license issued
and record the reports of violations therein.