[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 7-19-2012 by Res. No. 07-19-12-07 (Title VIII, Ch.
13, of the Tribal Code). Amendments noted where applicable.]
The Nottawaseppi Huron Band of the Potawatomi desires to establish
a system of registration for solicitors who operate within the tribal
land in the interests of public health and safety.
Unless otherwise exempt under the provisions of this chapter,
a "solicitor" is defined as:
A.
All persons,
both principals and agents, as well as employers and employees, who
shall sell, offer for or expose for sale or who shall trade in any
goods or services on the NHBP tribal land by going from house to house
or from place to place or by indiscriminately approaching individuals.
B.
Sales
by sample or for future delivery and executory contracts of sale by
solicitors are embraced within the preceding subsection.
C.
Any person,
both principal and agent, as well as employer and employee, who while
selling or offering for sale any goods, wares, merchandise or anything
of value stands in a doorway or any unenclosed vacant lot, parcel
of land or in any other place not used by such person as a permanent
place of business.
A.
No person, corporation, partnership or other organization shall engage
in the business of a solicitor within the NHBP tribal lands without
first obtaining a permit from the NHBP Police Department. If any individual
is acting as an agent for or employed by an individual, corporation,
partnership or other organization, both the individual and the employer
or principal for whom the individual is acting, must obtain a permit
as provided in this chapter.
B.
The following persons are exempt from the fee provisions of this
chapter:
(1)
Charitable, religious or nonprofit organizations or corporations
which have received tax-exempt status under 26 U.S.C. § 501(c)(3)
or other similar civic, charitable or nonprofit organizations;
(2)
Newspaper carriers;
(3)
Solicitors operating at any NHBP-sponsored or -authorized tribal
event for a time period not to exceed five (5) consecutive days; and
(4)
Solicitors operating at any public market or other NHBP tribal-sponsored
or -approved activity, so long as the activity does not occur more
than one time per week for more than five (5) months of each calendar
year.
A.
Applicants for a permit under this chapter must file annually with
the Chief of Police a sworn application in writing on a form to be
furnished by the NHBP Police Department.
B.
All applications shall provide the following information on the application,
with sufficient proof of identification:
(1)
Name, date of birth and description of the applicant;
(2)
Current address and telephone number, including local contact information;
(3)
A brief description of the nature of the business and the goods or
services to be sold and the anticipated period of time during which
the business will be conducted within tribal land;
(4)
If employed or acting as an agent, the name and address of the employer
or principal, together with the description of the exact relationship
with the principal employer;
(5)
If a vehicle is to be used for purposes of the itinerant vendor's
business, a description of the same, including the license number;
(6)
A photograph of the applicant, taken within sixty (60) days immediately
prior to the date of filing the application, which picture shall be
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner;
(7)
A statement as to whether or not the applicant has been convicted
of any crimes within the last ten (10) years, including misdemeanors,
gross misdemeanors or criminal violations of any municipal ordinance,
the nature of the offense, and the punishment or penalty assessed
therefor; and
(8)
All solicitors' stands must be located upon prior approved property,
and the following must accompany the application:
C.
Any individual, corporation, partnership or other organization which
acts as the principal or employer for individual solicitors shall
obtain a permit as provided herein and shall provide the following
information on the application in addition to any information required
as set forth above:
(1)
The applicant's name, address and telephone number, and the
names and addresses of all individuals who are employed by or acting
as an agent for the applicant;
(2)
If the applicant is not an individual person, the application shall
include current contact information for the business entity, inclusive
of the name, address, telephone number and registered agent of the
entity;
(3)
Name, address and telephone numbers (business and home) of the individual,
if applicable, acting as the manager for the applicants;
(4)
A list of all other cities, towns and countries where the applicant
has obtained a solicitor's permit or similar permit within the
past five (5) years; and
(5)
Such other information as my be required by the NHBP.
D.
At the time of filing the annual application, each applicant shall
pay a nonrefundable fee as set forth in the current fee schedule,
located within the application, to cover NHBP's cost of investigation
and the issuance of a permit, including each vendor, principal and/or
employer.
A.
The NHBP Police Department shall determine the accuracy of the information
contained in the application and conduct a criminal history background
investigation of the applicant within fourteen (14) days of the application
being completed. The Police Department shall promptly forward the
results of the investigation, together with a recommendation for approval
or denial, to the Chief of Police.
B.
The Chief of Police may deny the applicant the permit if the applicant
has:
(1)
Committed any act consisting of fraud or misrepresentation;
(2)
Committed any act which, if committed by a permit holder, would be
grounds for suspension or revocation of a permit;
(3)
Been convicted of any offense(s) which has resulted in the applicant
being placed on any list of registered sex offender;
(4)
Within the previous ten (10) years, been convicted of a misdemeanor
or felony directly relating to the occupation of vendor, including,
but not limited to, those misdemeanors and felonies involving moral
turpitude, fraud or misrepresentation;
(5)
Been previously refused a permit under the provisions of this chapter;
providing, however, that any applicant denied a permit under the provisions
of this chapter may reapply if and when the reasons for denial no
longer exist; or
(6)
Made any false or misleading statement in the application.
C.
The denial of a permit to an individual, corporation, partnership
or other organization which serves as the employer or principal for
individual solicitors shall be a sufficient basis to deny a permit
to the individual applicants who are employed by or acting as an agent
for the applicant.
D.
The denial of a permit shall be provided to the applicant in writing
by personally delivering the notice of denial to the applicant or
by mailing in the U.S. Mail the notice of denial, postage prepaid,
to the address stated on the application.
E.
The applicant may request a review of the NHBP Police Department's
denial of the permit by submitting a request to the NHBP Chief Executive
Officer within ten (10) business days of receipt of the denial. The
CEO's determination of the NHBP Police Department's denial
shall be provided to the applicant in writing by mailing in the U.S.
Mail to the address stated on the application. The CEO's determination
of the NHBP Police Department's denial shall be final.
Solicitors are required to exhibit their permit on their person
and vehicle used in connection with the business. The solicitor's
permit must be exhibited in such a manner that it is fully visible
while conducting any solicitor activities.
A.
Permits issued may be revoked by the Chief of Police for any of the
following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for permits;
(2)
Fraud, misrepresentation or false statements made in the course of
carrying on the business as a solicitor;
(3)
Any other violation of this chapter;
(4)
Conviction after submission of the application for a solicitor's
permit of a felony or misdemeanor directly relating to the occupation
of solicitor, including, but not limited to, those misdemeanors and
felonies involving moral turpitude, fraud or misrepresentations;
(5)
Conducting the business of a solicitor in any unlawful manner or
such manner as to constitute a breach of the peace or to constitute
a menace to the health, safety and general welfare of the public;
or
(6)
Violation of any part of this chapter by any employer of a permit
holder, regardless of whether the employer is separately licensed
under this chapter.
B.
The revocation of any permit held by an individual, corporation,
partnership or other organization which serves as the employer or
principal for individual solicitors may constitute a basis for revoking
the permit issued to individual applicants who are employed by or
acting as agents for such individual, corporation, partnership or
organization.
C.
The revocation of a permit for three or more persons who are employees
or agents of an individual, corporation, partnership or organization
shall constitute a basis for revoking the permit issued to the employer
or principal, as well as the permits issued to all other employees
or agents of that employer or principal.
D.
Notice of revocation of a permit shall be given by the Chief of Police
in writing, setting forth specifically the grounds of the revocation
and the time and place of hearing, which hearing shall be held by
the NHBP Chief Executive Officer no more than ten (10) days after
the date of the written notice. In addition, the notice shall state
that the solicitor's permit shall be suspended pending the outcome
of such hearing. Such notice shall be personally delivered to the
solicitor or mailed, postage prepaid, to the permit holder at his
or her last known address. Following the hearing, the NHBP Chief Executive
Officer's determination shall be final. If the permit holder
is an individual, corporation, partnership or organization which employs
or serves as the principal for individual permit holders, a copy of
the written decision shall also be mailed to the individual permit
holders.
No solicitor shall have any exclusive right to any location
in the Reservation or public streets, nor be permitted a stationary
location, nor be permitted to operate in any congested area where
operations might impede or inconvenience the public. For the purpose
of this section, the judgment of a police officer, exercised in good
faith, shall be conclusive as to whether the area is congested or
the public impeded or inconvenienced.
No person shall engage in the business of a solicitor between
the hours of 8:00 p.m. and 8:00 a.m. unless permitted, sponsored or
it is an approved and authorized tribal event.
The NHBP Police Department shall maintain a record for each
permit issued and record the reports of violation therein.
Violation of any of the provisions of this chapter shall be
a civil infraction and punishable by the penalty for the same as established
by the Tribe's Code.[1]
This chapter shall be in full force and take effect immediately
after its approval and shall be posted at all tribal government buildings.
