[HISTORY: Adopted by the City Council of the City of DuBois 5-10-1976 by Ord. No.
1237 (Ch. 13, Part 1, of the 1995 Code). Amendments
noted where applicable.]
A.
Except as hereinafter described, it shall be unlawful for any solicitor or canvasser, as defined in § 298-2 of this chapter, to engage in such business within the corporate limits of the City of DuBois without first obtaining a permit and license therefor in compliance with the provisions of this chapter.
B.
Exception: salesmen, manufacturers' representatives and agents, etc.,
selling goods to retail, wholesale, professional or industrial establishments.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, whether resident of the City of DuBois 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, selling or taking or attempting to take
orders for the sale of goods, wares and merchandise; books, magazines
and periodicals; 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 the
subject of such sale or a sample of the subject of such sale or whether
he is collecting advance payments on such sales or not, provided that
such definition shall include any person who, for himself or for another
person, firm or corporation, hires, leases, uses or occupies any building,
structure, tent, railroad boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the City for the sole purpose
of exhibiting samples and taking orders for future delivery, and providing
further that such definition shall include any person who for himself
or for another person, firm or corporation employs the telephone followed
by a personal call for the sole purpose of attaining a signed order
or contract or to deliver goods at any place within the City other
than on premises which such person occupies as owner or lessee or
as agent of the owner or lessee.
A.
Applicants for a permit and license under this chapter must file
with the Police Department an application, in writing (in duplicate),
on a form to be furnished by said Police Department, which shall give
the following information:
(1)
Name and description of the applicant.
(2)
Permanent home address and full local address of the applicant.
(3)
Motor vehicle registration, if any, and social security number.
(4)
A brief description of the nature of the business and the goods or
services to be sold or furnished.
(5)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(6)
The length of time for which the right to do business is desired.
(7)
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.
(8)
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 punishment or penalty assessed therefor.
(9)
A statement as to whether the customer is to receive a signed receipt
if a down payment is made. At the time of filing the application,
the applicant shall submit copies of the receipt, contract and other
forms that attend the sales transaction.
B.
Any person, firm, corporation or organization subject to the provisions
of this chapter may designate in writing one of his or its officers
or employees to file the applications required herein.
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 deems necessary
for the protection of the public good.
B.
If as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory, the Chief of Police
shall endorse on the application his approval, execute a permit addressed
to the applicant for the carrying on of the business applied for and
return said permit, along with the application, to the Police Department,
which shall, upon payment of the prescribed license fee, deliver to
the applicant his permit and issue a license. 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.
[Amended 7-24-1995 by Ord. No. 1544]
A.
The license fee which shall be charged by the Police Department for
such license shall be in an amount as established from time to time
by resolution of the City Council per year or any portion of a year.
B.
The annual fees herein provided shall be assessed. However, where
teams of solicitors or canvassers shall operate together, then the
license fee charged for all members of the team after the first shall
be in an amount as established from time to time by resolution of
the City Council. A team shall be defined as two or more persons working
together at each specific address where soliciting, canvassing or
selling is being conducted.
C.
None of the license fees provided for by this chapter shall be so
applied as to occasion an undue burden upon interstate commerce. In
any case where a license fee is believed by a licensee or applicant
for license to place an undue burden upon such commerce, he may apply
to the Police Department 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 method of business and the gross
volume or estimated gross volume of business and such other information
as the Police Department may deem necessary in order to determine
the extent, if any, of such undue burden on such commerce. The Police
Department shall then conduct an investigation, comparing the applicant's
business with other business of like nature and shall make findings
of fact from which he shall determine whether the fee fixed by this
chapter is unfair, unreasonable or discriminatory as to 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 had
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 Police Department
shall have the power to base the fee upon a percentage of gross sales
or any other method which will assure that the fee assessed shall
be uniform with that assessed on businesses of like nature, so long
as the amount assessed does not exceed the fees as prescribed by this
section. Should the Police Department determine the gross sales measure
of the fee to be the fair basis, they may require the applicant to
submit, either at the time of termination of applicant's business
in the City of DuBois or at the end of each three-month period, a
sworn statement of the gross sales and pay the amount of fee therefor,
provided that no additional fee during any one calendar year shall
be required after the licensee shall have paid an amount equal to
the annual license as prescribed in this section.
D.
No fee shall be charged for a permit and license for noncommercial
dissemination of economic, political, cultural or religious information,
but anyone engaged in the dissemination of such information shall
secure a permit and license as aforesaid.
E.
No fee shall be charged for a permit and license for insurance companies
or their agents or insurance brokers authorized to transact business
under the laws of the state.
F.
No fee shall be charged for a permit and license for persons distributing
by vehicle on a regular route any meat, milk or bakery products, or
newspapers.
G.
No fee shall be charged of any member of area nonprofit charitable
services or youth organizations, but any such member engaged in soliciting
or canvassing as defined herein shall secure a permit and license
as aforesaid.
No licensee hereunder shall occupy any fixed location upon any
of the streets, alleys or sidewalks of the City for the purpose of
peddling or soliciting, with or without any stand or counter.
No license issued hereunder shall be transferable or used as
such by any person other than the person to whom it was issued.
The Police Department shall issue to each licensee at the time
of delivery of his license a card which shall contain the words "licensed
solicitor," the period for which the license is issued and the number
of the license. Such card shall, during the time such licensee is
engaged in soliciting, be carried constantly by the licensee.
Solicitors and canvassers are required to exhibit their licenses
at all times.
It shall be the duty of any Police Officer of the City of DuBois
to require any person seen soliciting or canvassing, and who is not
known by such officer to be duly licensed, to produce his solicitor's
or canvasser's license and to enforce the provisions of this chapter
against any person found to be violating the same.
The Chief of Police shall report to the City Council all convictions
for violation of this chapter, and the said officer shall maintain
a record for each license issued and record the reports of violation
therein.
A.
Permits and licenses issued under the provisions of this chapter
may be revoked by the Police Department of the City of DuBois after
notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or as canvasser.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of soliciting, or of canvassing, in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety, or general welfare
of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the Police Department in the denial of a permit or license as provided in § 298-4 of this chapter, or the action of the Police Department in the assessing of the fee as provided in § 298-5 of this chapter shall have the right of appeal to the Council of the City of DuBois. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 298-12 of this chapter for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
All annual licenses issued under the provisions of this chapter
shall expire on the 31st day of December in the year when issued.
[Amended 7-24-1995 by Ord. No. 1544; at time of adoption
of Code revisions (see Ch. 1, General Provisions, Art. II)]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$50 and not exceeding $500 and costs or, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this chapter continues shall constitute
a separate offense.
