[Ord. No. 988, 9-9-2014]
In any event, every person who for himself or as an agent or
employee proposes to engage in soliciting within the City, whether
canvassing from house to house or in business places or who engages
in such solicitation by telephone or other manner wherein a payment
or deposit, either in whole or in part, is necessary to and required
to be paid prior to the actual delivery of the item or service solicited
for, shall make application to the Chief of Police for a permit and
it shall be unlawful for any such person to so solicit or canvass
without having first made application and obtained a permit therefore,
as provided in this article.
[Ord. No. 988, 9-9-2014]
(a)
An application for the permit required by this article shall be made
in writing in duplicate upon such blank forms as shall be prescribed
therefore by the City Auditor and approved by the City Commission
and shall contain the following information:
(1)
The name, residence, business address, age and occupation of
the applicant.
(2)
The name and business address of the person by whom employed
or to be employed.
(3)
The length of service of such applicant with such employer.
(4)
The place of residence and the nature of the employment of the
applicant during the preceding year.
(5)
The nature, character or description of items or services to
be solicited or supplied.
(6)
A personal description of the applicant.
(7)
The length of time for which the permit is desired, not to exceed
one year.
(8)
The fingerprints of the applicant.
(9)
Such other information as may be reasonably required by the
Chief of Police.
(10)
An affidavit of the applicant as to the truth of the matters
set forth in the application.
(b)
Such application shall be accompanied by such credentials or other
evidence of good and moral character and identity of the applicant
as may be required by the Chief of Police.
(c)
If the Chief of Police shall determine, after reasonable investigation,
that the applicant is of good moral character and proposes to engage
in a lawful and legal enterprise, he shall approve the application,
retain one copy thereof and forward one copy to the City Auditor.
[Ord. No. 988, 9-9-2014]
No application for a permit required by this article shall be
received of a person under the age of 18 years.
[Ord. No. 988, 9-9-2014]
In addition to the requirements of Section 18-33 of this article, each applicant for the permit required by this article shall furnish and file with the City Auditor a surety bond in the penal sum established by resolution and adopted by the City Commission issued by a surety company licensed to do business in the state and to be approved by the City Auditor. Such bond shall run to the City and shall be conditioned on indemnifying and saving harmless the City and any citizen thereof from any and all damage or fraud occasioned by such solicitation. Such bond shall remain in force not to exceed one year and shall expire in 90 days after the holder of such permit notifies the City Auditor, in writing, that such holder has ceased to solicit or canvass as aforesaid, and surrenders such permit to the City Auditor. Nothing in this section shall make it necessary for persons selling or taking subscriptions for religious books, magazines or literature and the agents or employees of any person having a permanent place of business in the City to post such bond in the discretion of the City Auditor.
[Ord. No. 988, 9-9-2014]
Upon approval of the bona and approval of the application for
a permit under this article, the City Auditor shall issue the permit
required herein and collect a fee established by resolution and adopted
by the City Commission for each day solicitations are made within
the City.
[Ord. No. 988, 9-9-2014]
The permit required by this article shall be carried at all
times by the applicant to whom issued when soliciting or canvassing
and shall be exhibited by such applicant when requested to do so by
any Police Officer or any person solicited or canvassed.
[Ord. No. 988, 9-9-2014]
The permit required by this article may be revoked by the Chief
of Police for a violation by the holder thereof of any ordinance of
the City or of any State or Federal law or for any misrepresentation
made in the application or whenever the holder of such permit shall
be guilty in the judgment of the Chief of Police of fraud, misrepresentation
or deceit or shall cease to possess the character and qualities required
for the issuance of the permit.
[Ord. No. 988, 9-9-2014]
Any person who shall solicit or canvass within the city without having first obtained a permit and posted a bond as required by this article, with the exception noted, or who otherwise violates the provisions of this article shall upon conviction be punished as provided by Section 1-11 of this Code and also the court may, in addition thereto, revoke the permit of such violator.
[Ord. No. 988, 9-9-2014]
It shall be unlawful for any person licensed as a solicitor
as provided in this article to solicit or canvass by using any loud
or boisterous language or by making any unnecessary noise, advances
or threats or by touching or interfering with the person or freedom
of prospective customers or by forcing entry into the residence or
place of business of such customers against their expressed desire
or in any way otherwise than in a quiet, orderly and proper manner.
[Ord. No. 988, 9-9-2014]
The practice of going in and upon private residences or privately-owned
property in the City by solicitors, not having been requested or invited
so to do by the owner or occupant of the private residences or property,
is hereby declared to be a nuisance.
