[Ord. 2016-846, 1-4-2016]
A "solicitor" is defined as a canvasser, peddler, salesman or
any other person, either as principal or agent, whether a resident
of the City or not, traveling from house to house, or to any other
place in the City, soliciting, taking or attempting to take orders
for the sale of goods, wares, merchandise or 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 a sample of the subject of the sale, or he or
she is collecting advance payments on such sales or not; provided,
that such definition shall include any person, who for himself or
another, hires, leases, uses or occupies any building, structure,
tent, vehicle, hotel room, apartment, shop or any other place within
the City for the sole purpose of exhibiting samples and taking orders
for future delivery. Before engaging in such business in the City,
a solicitor shall obtain a license for himself and for each of his
associates or assistants, if any, so engaged. Any person meeting this
definition that solicits on behalf of any civic, charitable, and/or
nonprofit group shall not be defined as a solicitor nor be required
to obtain a license for the same.
[Ord. 2016-846, 1-4-2016]
Applicants for a solicitor's license under this chapter must
file with the City Clerk a sworn application, in duplicate, on a form
to be furnished by the City Clerk, which shall include the following
information:
(A) Full name, permanent home address, no post office box and local address
of the applicant.
(B) Brief description of the nature of the business and the product to
be sold.
(C) If employed, the name and address of the employer, the name and address
of any local or state office or manager, together with credentials
establishing exact relationship or authority.
(D) Length of time for which the right to do business is desired.
(E) The place where the product 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 such application is filed and
the proposed method of delivery.
(F) Evidence that applicant has a photograph and fingerprints on file
with the City police department.
(G) Last three cities or towns where the applicant carried on business
immediately preceding the date of application, and the address, if
any, from which such business was conducted in those cities or towns.
(H) Statement as to whether or not the applicant has been convicted of
any crime, the nature of the offense and the punishment or penalty
assessed therefor.
The Mayor is empowered to approve such application and to grant
such license upon satisfying himself of the moral fitness of the applicant
to receive such license.
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[Ord. 2016-846, 1-4-2016]
The license fees to be charged for licenses to solicit in the
City, each payable in advance, are hereby fixed and established as
follows:
$60 per week or any part thereof for one solicitor working alone.
For each additional person or solicitor accompanying and working with
a solicitor licensed at this rate, the sum of $45 per week or any
part thereof.
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$95 per month or any part thereof for one solicitor working
alone. For each additional person or solicitor accompanying and working
with a solicitor licensed at this rate, the sum of $45 per month or
any part thereof.
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$250 for six months or any part thereof for one solicitor working
alone. For each additional person or solicitor accompanying and working
with a solicitor licensed at this rate, the sum of $45 for six months
or any part thereof.
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$350 per year or any part thereof for one solicitor working
alone. For each additional person or solicitor accompanying and working
with a solicitor licensed at this rate, the sum of $45 per year or
any part thereof.
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No license shall be issued to extend beyond April 30 of the
fiscal year in which the license is issued.
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[Ord. 2016-846, 1-4-2016]
(A) Soliciting Without License: It shall be unlawful for any person to
solicit the sale of goods, wares, merchandise, produce or other articles
or things in the City without first having obtained a license from
the City to solicit and having a license in force at the time of pursuing
such business.
(B) Stands Prohibited: It shall be unlawful and it is hereby prohibited
for any person to assume a place or to establish a temporary or fixed
stand upon any of the streets, avenues, alleys, sidewalks or other
public places of the City to sell or for the purpose of selling therefrom
any goods, wares, merchandise, produce or other article or thing.
(C) Entering Private Houses; Fraud: No person or solicitor shall enter
any private house in the City without being admitted by some occupant
thereof, nor shall be insist upon remaining on the premises or on
showing his goods, wares or merchandise to any person, after being
told by such person that he does not wish to see or purchase the same.
No licensed solicitor shall practice fraud nor shall be misrepresent
his wares or cheat or impose upon any person.
[Ord. 2016-846, 1-4-2016; amended 6-3-2024 by Ord. No. 2024-1028]
Solicitors shall only operate within the City of Lincoln between
the hours of 9:00 a.m. and 7:00 p.m.
[Ord. 2016-846, 1-4-2016]
Any solicitor or person violating any of the provisions of this
chapter shall be fined a minimum amount of $75 and not to exceed $750
for each offense; and each day such violation shall occur or continue
shall constitute a separate offense.