Definitions. For the purpose of this article, the following words
and phrases shall have the meanings respectively ascribed to them
by this subsection:
A consumer transaction for the purchase of goods, services
or realty, payable in installments or in cash, in which the merchant
engages in a personal solicitation of the sale to the consumer at
a residence, in person or by telephone, and the consumer's agreement
or offer to purchase is given at the residence to the merchant, either
in person or by telephone. A "home solicitation transaction" shall
not include a sale made pursuant to a preexisting revolving charge
account or retail charge agreement or a sale made pursuant to prior
negotiations between the parties at a business establishment at a
fixed location where goods or services are offered or exhibited for
sale or a sale of realty in which transaction the purchaser is represented
by a licensed attorney or in which the transaction is being negotiated
by a licensed real estate broker.
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure,
except that a multiple dwelling shall be considered as one "residence."
Exemptions. Any home solicitation by charitable or political organizations,
as those terms are defined by law, shall be exempt from the provisions
of this article so long as they shall meet all other lawful requirements.
Applicability. The provisions of this article shall be in addition to the provisions of Article I of this chapter, and all persons shall comply with the provisions of this article and Article I of this chapter, as are applicable.
Any person duly licensed pursuant to Article I of this chapter and who hawks, peddles or solicits from house to house or dwelling unit to dwelling unit in an apartment building shall, on each day that such person hawks, peddles or solicits, first appear and register at the police precinct station in the police precinct area where such hawking, peddling or solicitation is to take place. This subsection shall not apply to any hawker, peddler or solicitor who hawks, peddles or solicits exclusively with established customers.
No person shall go upon any residential premises and ring the doorbell
or rap or knock upon the door or create any sound in a manner calculated
to attract the attention of the occupant of the residence or by telephone
contact the occupant of any residence, for the purpose of engaging
in or attempting to engage in a home solicitation transaction, prior
to 10:00 a.m. or after 8:00 p.m. of any day, Monday through Saturday,
or at any time on a Sunday, New Year's Day, July 4, Labor Day, Thanksgiving
Day or Christmas Day. This subsection shall not apply to a visit to
the premises as a result of a request made by the occupant.
A person desiring that no merchant or other person engage in a home
solicitation at his residence shall exhibit, in a conspicuous place
upon or near the main entrance to the residence, a weatherproof card,
no less than 12 square inches in area, containing the words "no solicitation"
or "no soliciting." The letters shall be not less than 2/3 of an inch
in height.
Every merchant, upon going onto any premises upon which a residence
is located, shall first examine the residence to determine if any
notice prohibiting soliciting is exhibited upon or near the main entrance
to the residence. If a notice prohibiting soliciting is exhibited,
the merchant shall immediately depart from the premises without disturbing
the occupant, unless the visit is the result of a request made by
the occupant.
No person shall go upon any residential premises and ring the doorbell or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a home solicitation transaction, if a card as described in Subsection A above is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is the result of a request made by the occupant.
No person, other than the occupant of the residence, shall remove deface or render illegible a card placed by the occupant pursuant to Subsection A above.
Any merchant who has gained entrance to a residence or audience with
the occupant, whether invited or not, shall immediately depart from
the premises without disturbing the occupant further when requested
to leave by the occupant.