[Adopted as Ch. 864 of the 1989 Codified Ordinances]
SOLICITOR — Includes any individual, whether
a resident of the City or not, traveling either by foot, wagon, automobile,
motor truck or 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, merchandise, books, magazines
or personal property of any kind 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
and whether or not he or she is collecting advance payments on such
sales. "Solicitor" includes any person who, for himself or herself
or for another person, hires, leases, uses or occupies any building,
structure, tent, railroad box car, boat, hotel room, lodging house,
apartment, shop or other place in the City for the sole purpose of
exhibiting samples and taking orders for future delivery. "Solicitor"
includes the word "canvasser."
No person shall engage in the business of solicitor in the City
without first obtaining a license therefor. No such license shall
be granted except upon certification of the Chief of Police.
The license application filed under § 126-4 of Chapter
126, Licensing of Businesses, shall contain 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 such 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 the 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 fingerprints of the applicant and the names of at least two reliable
property owners of the county who will certify as to the applicant's
good character and business respectability, or in lieu of the names
of references, such other available evidence as to the good character
and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility; and
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.
B.
No fee for a solicitor's license shall be so applied as to occasion
an undue burden upon interstate commerce. If a license fee is believed
by a licensee or applicant for a license to place an undue burden
upon interstate commerce, he or she may apply to the Mayor for an
adjustment of the fee so that it shall not be discriminatory, unreasonable
or unfair as to such commerce. Such application may be made before,
at or within six months after payment of the prescribed license fee.
The applicant shall, by affidavit and supporting testimony, show his
or her method of business, gross volume or estimated gross volume
of business and such other information as the Mayor may deem necessary
in order to determine the extent, if any, of such undue burden on
interstate commerce. The Mayor shall then conduct an investigation,
comparing the applicant's business with other businesses of like
nature and shall make findings of fact from which he or she shall
determine whether or not the fee fixed for the solicitor's license
is unfair, unreasonable or discriminatory as to the applicant's
business, and shall fix, as the license fee for the applicant, an
amount that is fair, reasonable and nondiscriminatory, or, if the
fee has already been paid, shall order a refund of the amount over
and above the fee so fixed. In fixing the fee to be charged, the Mayor
may base the fee upon a percentage of gross sales or use any other
method which will ensure that the fee assessed shall be uniform with
that assessed on businesses of a like nature, so long as the amount
assessed does not exceed the fee prescribed in Subsection A hereof.
If the Mayor determines the gross sales measure of the fee to be the
fair basis, he or she may require the applicant to submit, either
at the time of termination of the applicant's business in the
City or at the end of each three-month period, a sworn statement of
the gross sales, and to pay the fee therefor, provided that no additional
fee during any one license year shall be required after the licensee
has paid an amount equal to the annual license fee prescribed in Subsection
A hereof.
A.
Persons under 18 years of age, when engaged in soliciting on foot
in the neighborhood of their residence under the direct supervision
of any school or recognized charitable or religious organization,
shall be exempt from the licensing requirements of this article, but
shall be subject to all other provisions hereof.
B.
The City shall issue special permits, after Council approval, without
the payment of license fees or other charges therefor, to any person
or organization for the conduct or operation of a nonprofit enterprise,
either regularly or temporarily, when it finds that the applicant
operates without private profit for a public, charitable, educational,
literary, fraternal or religious purpose, subject to the following
conditions:
(1)
An applicant for a special permit shall submit an application therefor
to the city, upon forms prescribed by the city, and shall furnish
such additional information as shall be required by the City to make
a determination that the applicant comes within the provisions of
this subsection.
(2)
A person granted a special permit under this subsection shall be
exempt from the requirements of this article relative to license applications,
but shall conform to all other applicable rules, regulations and provisions
of this article.
No person or organization operating under this article, whether
licensed or exempt from a license, shall engage in any business or
make any call for business purposes before 9:00 a.m. or after 7:00
p.m. or sundown, whichever occurs first.
