[HISTORY: Adopted by the Board of Supervisors
of the County of Page as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-17-2010[1]]
A.
DIRECT SELLER
(1)
(2)
(3)
ITINERANT MERCHANT
PEDDLER
RESIDENCE
As used in this article, the following terms shall have the meanings
indicated:
Any person who:
Engages in the trade or business of selling or soliciting the
sale of consumer products primarily in private residences and maintains
no public location for the conduct of such business; and
Receives remuneration for such activities, with substantially
all of such remuneration being directly related to sales or other
sales-oriented services, rather than to the number of hours worked;
and
Performs such activities pursuant to a written contract between
such person and the person for whom the activities are performed and
such contract provides that such person will not be treated as an
employee with respect to such activities for federal tax purposes,
as the term is defined and used in § 58.1-3719.1, Code of
Virginia (1950), as amended.
Any person who engages in, does, or transacts any temporary
or transient business in this County and who, for the purpose of carrying
on such business, occupies any location for a period of less than
one year, as the term is defined and used in § 58.1-3717,
Code of Virginia (1950), as amended.
Any person who shall carry from place to place any goods,
wares, merchandise or services and offer to sell or barter the same,
or actually sell or barter the same, as the term is defined and used
in § 58.1-3717, Code of Virginia (1950), as amended.
The terms "residence," "residences" and "residential premises"
shall be given their usual meaning and shall include any structure
which is designed for use for human habitation, including hotels,
boardinghouses, lodging houses, tourist cabins, motels, inns, trailers,
mobile homes and tourist homes.
B.
Any terms or words not specifically defined shall have their usual
and customary American English language meanings.
All peddlers, itinerant merchants or direct sellers, engaged
in "for-profit" business activities, before engaging in any business
activity or entering into or upon any residential premises within
the County for the purpose of peddling, soliciting or selling anything,
shall receive a permit application from the County Treasurer upon
payment of the nonreturnable application fee to cover the costs of
the investigation and the processing of the application.
A.
The
application form provided to the applicant by the Treasurer shall
be completed by the applicant, who shall verify the accuracy of the
information contained therein upon oath and under penalty of perjury,
which shall include the following:
(1)
The name, local and permanent address, age, date of birth, social
security account number, taxpayer identification number, race, weight,
height, color of hair and eyes and any other distinguishing characteristics
of each applicant.
(2)
The nature or purpose for which the business contacts will be made
and the nature of the goods, wares, merchandise and services offered
for sale and the geographical areas of the County in which solicitations
will be made or goods, wares, merchandise and services will be offered.
(3)
The name and permanent address of the employer or organization represented,
the taxpayer identification number of the employer, the legal status
of the employer (corporation, partnership, proprietorship, LLC, etc.
and the state issuing the certificate of fictitious existence), the
chief executive officer of the business and his/her telephone number
and address, if different from the named employer.
(4)
A statement as to whether the applicant has been convicted of any
felony or misdemeanor or is on probation or under an order of deferred
disposition without conviction, and, if so, the nature of the offense,
the name and address of the prosecuting jurisdiction and the penalty
or punishment assessed therefor.
B.
Each
individual engaging in such activities in Page County, whether actually
going upon residential premises or operating a vehicle or riding in
a vehicle conveying such persons for these activities, must make application
to the Treasurer in person and shall pay to the Treasurer the fees
hereinafter provided before being given the application form.
C.
Each
applicant shall present the completed application to the Page County
Sheriff's Department and shall permit a background check to be
run on the applicant through the VCIN, NCIC and any other law enforcement
database deemed necessary by the Sheriff or his designee. Each applicant
shall also permit his fingerprints and a photograph of his likeness
to be taken by the Sheriff.
Each applicant shall return to the Office of the Commissioner
of the Revenue with the completed application, bearing the Sheriff's
certificate of an unobjectionable background check, and, upon completion
of the business-licensing application and payment of the permitting
fees and business-license taxes, the Commissioner of the Revenue shall
issue the requisite permits.
A permit issued under this article shall be valid for the remaining
period of the calendar year in which the permit was issued. Any permit
so issued by the County shall have a photograph of the solicitor on
the permit and shall state the term of the validity of the permit,
and the solicitor shall display such permit on his or her person in
plain view at all times while engaged in soliciting and shall allow
such permit to be inspected by any person if demand is made for such
inspection while the person is engaged in soliciting.
Upon application, a nonreturnable fee, to be established by
the Board of Supervisors from time to time by resolution, shall be
paid to the County Treasurer to cover the cost of investigation and
processing of the application. An additional fee, to be established
by the Board of Supervisors from time to time by resolution, shall
be paid to the Treasurer upon issuance of the permit.
No person shall:
A.
Enter
into or upon a residential premises in the County under false pretenses
to peddle or solicit for any purpose or for the purpose of soliciting
orders for the sale of goods, wares, merchandise or services.
B.
Remain
in or on any residential premises after the owner or occupant has
requested any such person to leave.
C.
Enter
upon any residential premises for soliciting when the owner or occupant
has displayed a "No Soliciting" sign, or sign of similar import, on
such premises.
D.
Engage
in the practice of peddling, soliciting, itinerant sales or direct
selling in the County without a permit as provided for in this article.
E.
Knowingly
give false information or withhold correct information in obtaining
a permit.
The provisions of this article shall not apply to:
A.
Any
person who visits any residence at the request or invitation of the
owner or occupant thereof.
B.
Members
of any nonprofit civic or charitable organization who have an approved
means of identification provided by such organization and who have
provided a list of the names, addresses and ages of their soliciting
members and a specimen copy of the approved means of identification
issued by such organization to the Sheriff of Page County.
C.
Students
in the public and private elementary and secondary schools of Page
County, Girl Scouts, Brownies, Boy Scouts, Cub Scouts, Explorers,
church youth groups, youth clubs and youth athletic leagues engaged
in fundraisers for their organizations.
D.
Newsboys
soliciting subscriptions to any newspaper for home delivery within
the County.
E.
Route
deliverymen who make deliveries at least once a week to regular customers
and whose solicitation is only incidental to their regular deliveries.
F.
A
farmer or producer of agricultural products or nursery products who
sells only the farm or agricultural products or nursery products produced
or grown by him.
G.
A
distributor or vendor of seafood who catches seafood and sells only
the seafood caught by him.
H.
Any person licensed under Title 38.2 (Insurance) of the Code of Virginia.
Any person aggrieved by a denial of an application for a permit
may seek a review of that decision by filing in writing an appeal
to the Board of Supervisors within 30 days of the date of the adverse
ruling. The Board shall place the matter on the agenda of its next
available meeting occurring not sooner than 10 days from the date
of the appeal. Further appeals from adverse rulings of the Board of
Supervisors shall be filed in the Circuit Court of Page County within
30 days of the date of the adverse ruling.
If any person violates any provision of this article, such person
shall be guilty of a Class 1 misdemeanor which shall be punishable
by confinement in jail for not more than 12 months and a fine of not
more than $2,500, either or both. Each day that a violation continues
to exist shall constitute a separate offense.
[Adopted 4-21-2015]
The purposes of the solicitation restrictions imposed under
this article are to:
A.
Reduce the detrimental effect that threatening and intimidating conduct
has on a safe environment in the County;
B.
Restrict certain aggressive acts of solicitors without prohibiting
constitutionally protected activity; and
C.
Maintain the peace and order of the County and preserve and protect
the rights of all citizens to be free of intimidation.
A.
AGGRESSIVE MANNER
(1)
(2)
(3)
(a)
(b)
(4)
(a)
(b)
(5)
PUBLIC AREA
SOLICIT, ASK or BEG
The following words, terms, or phrases shall have the following meanings
ascribed to them in this article, except where the context clearly
indicates a different meaning:
Means and includes:
Touching or causing physical contact with another person without
that person's consent in the course of soliciting, asking, or
begging;
Blocking the safe or free passage of a pedestrian or vehicle
by any means, including unreasonably causing a pedestrian or vehicle
operator to take evasive action to avoid physical contact in the course
of soliciting, asking, or begging;
Approaching or following the person being solicited, if that
conduct is:
Intended to or is likely to cause a reasonable person to fear
bodily harm or the commission of a criminal act upon the person or
property in the person's possession; or
Is intended to or is reasonably likely to intimidate the person
being solicited into responding affirmatively to the solicitation;
Continuing to solicit the person being solicited after the person
has made a negative response, if continuing the solicitation is:
Intended to or is likely to cause a reasonable person to fear
bodily harm or the commission of a criminal act upon the person or
property in the person's possession; or
Is intended to or is reasonably likely to intimidate the person
being solicited into responding affirmatively to the solicitation;
Using violent, obscene, or threatening gestures or language
toward a person solicited, if such conduct is intended to or is likely
to cause a reasonable person to fear bodily harm to oneself, or the
commission of a criminal act upon the person or upon property in the
person's possession or otherwise be intimidated into giving money
or other thing of value or buying merchandise.
An area to which the public has access, including, but not
limited to: alleys, bridges, buildings, driveways, parking lots, playgrounds,
sidewalks, streets open to the general public, and the doorways and
entrances to public buildings, together with the grounds enclosing
them.
Using the spoken, written, or printed word or bodily gestures,
signs, or other means for the purpose of soliciting a ride, contributions,
employment, business, or with the purpose of obtaining an immediate
donation of money or other thing of value or soliciting the sale of
goods or services regardless of the solicitor's purpose or intended
use of the money or other thing of value.
B.
Any terms or words not specifically defined shall have their usual
and customary American English language meanings.
No person shall solicit, ask, or beg in an aggressive manner,
as defined herein, in any public place; or solicit, ask or beg:
A.
In any public transportation vehicle, or bus station or stop; provided,
however, that this subsection shall not apply to services rendered
in connection with such transportation services.
B.
Within 30 feet of any entrance or exit of any bank during the hours
of operation of such bank.
C.
Within 30 feet of any automated teller machine, during the hours
of operation of such machine.
D.
On private property, if the owner, tenant, or lawful occupant has
asked the person not to solicit on the property, or has posted a sign
clearly indicating those solicitations are not welcome on the property.
The provisions of this article shall not apply to any person
soliciting transportation in the case of a bona fide emergency, or
from public transportation or transportation for hire. Acts constituting
an exercise of a person's constitutional right to picket, protest,
or speak and acts authorized by a permit issued by the County shall
not constitute unlawful activity under this article; nor does aggressive
solicitation include solicitation without engaging in the acts specifically
prohibited by this article.
Any person convicted of a violation of this article shall be
guilty of a Class 2 misdemeanor. Any person convicted of a second
or subsequent violation of this article shall be guilty of a Class
1 misdemeanor.
