City of Saco, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Saco: Art. I, 5-1-1995 as Ch. V, Sec. 5-11, of the 1994 Code; Art. II, 5-1-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses — See Ch. 132.
Noise — See Ch. 149.
[Adopted 5-1-1995 as Ch. V, Sec. 5-11, of the 1994 Code]

§ 156-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
HOME SOLICITATION SALE
A consumer sale or credit sale of goods other than farm equipment, or services in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence, if the buyer's agreement or offer to purchase is there given to the seller or a person acting for him.

§ 156-2 Permit required.

A seller or any person in his behalf shall not sell or offer for sale goods, wares and merchandise without a written permit from the Police Chief of the City. The permit shall be carried by the seller while engaging in home solicitation sales.

§ 156-3 Application for permit.

A. 
Applications for permits for home solicitation shall be made to the Chief of Police, shall be in writing and shall contain the following information:
(1) 
The name and physical description of the applicant.
(2) 
The applicant's address.
(3) 
A brief description of the nature of the business to be conducted and the goods sold.
(4) 
If the applicant is employed, the name and address of the employer, together with credentials establishing exact relationship.
(5) 
The length of time for which the right to do business is desired.
(6) 
If a vehicle is to be used, a description of the same, together with the Maine state vehicle license number or other means of identification.
(7) 
A sample of an agreement informing the buyer of his right to cancel, as required by 9-A M.R.S.A. § 3.503. A sample of this agreement is contained in § 156-10.
(8) 
Such other information as the Chief of Police may deem necessary for the proper police protection of the City.
B. 
If the applicant is unknown to the Police Chief, the applicant shall be fingerprinted and shall supply the Chief of Police with two photographs of the applicant, which shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.

§ 156-4 Fees.

[Amended 4-7-2003]
A. 
The fee for home solicitation permits per year shall be established by the City Council after a public hearing.
B. 
Additional licenses may be issued to employees of a license holder upon the payment per year for each employee as established by the City Council after a public hearing and after approval and investigation by the Chief of Police.

§ 156-5 Exceptions.

The following are excepted from the licensing requirement:
A. 
Charitable, religious, educational, community, recreational or similar nonprofit organizations, provided that the following criteria are met:
(1) 
The person doing the actual selling or soliciting shall not receive any financial compensation for doing so.
(2) 
If goods are offered for sale, the price of the goods shall be no more than $10 retail.
B. 
Bona fide deliveries of goods, wares, merchandise or food made on a regular route to regular customers.
C. 
Persons engaging in the sale of food.

§ 156-6 Violations and penalties.

Any person violating any of the provisions of this article shall be subject to a fine of not more than $100 for each violation.

§ 156-7 Revocation of permit.

The Police Chief may revoke a permit if the holder of the permit engages in disorderly conduct, as defined by 17-A M.R.S.A. § 501, or harassment, as defined by 18-A M.R.S.A. § 506-A, while in the course of his/her business.

§ 156-8 Sample permit application.

 Sample Permit Application I, _________________________, do hereby make application for a permit for home solicitation sales in the City of Saco in compliance with the ordinances of such City.
Street address: ________________________ City: ______________ State:
Age: ________ Weight: ________ Height: ________ Color of hair: ________ Sex:
Length of time permit is desired:
Name of firm or corporation represented:
Address: __________________ Business phone: ____________ Home phone:
Description of business:
Number of vehicles to be operated:
Description of vehicle(s) to be operated and license plate number(s):
Method of distribution:
Kind of service to be performed:
(Attach 2 x 2 photograph of applicant)
(Signature of applicant)

§ 156-9 Sample permit.

Sample Permit
Date:
__________________________ is authorized to engage in home solicitation
    (Name of peddler)
sales in Saco for the year _____________________.
(Chief of Police)

§ 156-10 Sample right-to-cancellation agreement.

Sample Right-To-Cancellation Agreement
Buyer's Right to Cancel
(9-A M.R.S.A. § 3.503)
If this agreement was solicited at your residence and you do not want the goods or service, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or service and must be mailed before midnight of ___________________________________ (stated date three days from date of sale), when cancellation right lapses.
The notice must be mailed to:
(Name and mailing address of seller)
If you cancel by this date, the seller may not keep any of your cash down payment.
(Signature of buyer)
[Adopted 5-1-1995]

§ 156-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:
IDENTIFICATION
Persons securing the permit shall produce means of identification that proves some form of association with the organization, as well as place of residency. Each team or organization shall receive permission from a business owner to stand in front of his or her establishment.
SEASON
The calendar period of May 1 through October 15 of each year.
TAG
Each group soliciting donations shall provide a tag, sticker, pin or some other marker to individual givers as a means of identification and recognition.
TAG DAY
A single day, preferably Saturday, set aside for fund-raising activities. Each day shall be designated and reserved for an organization, sponsored recreation team or groups representing a particular sport or league. A maximum of 10 days may be assigned by the City Clerk. Saco youth organizations shall have preference in choosing dates.

§ 156-12 Permit required; fee.

[Amended 4-7-2003]
Each organization, group or team wishing to hold a fund-raising event or activity for the purpose of soliciting donations shall first obtain from the City a special Tag Day permit. The fee for this permit for all residents/organizations and nonresidents/organizations shall be established by the City Council after a public hearing. The special permit shall be issued for a particular calendar date and shall only be valid for that single day. The scheduling shall be done by the City Clerk. The City Clerk shall notify the Police Department upon issuance of the special Tag Day permit.

§ 156-13 Suspension or revocation of permit.

The City Clerk may suspend or revoke any Tag Day permit if the municipality receives repeated citizen complaints of permit violations. Future requests for special permits may also be denied for a period of 30 days in cases where persons or organizations misrepresent their eligibility.

§ 156-14 Annual review.

The City Council shall review and establish permit fees on an annual basis. Additional modifications, such as the length of the season and maximum days designated as Tag Days, shall be reviewed annually by the City Council.