It shall be unlawful for any person 18 years of age or older
to engage in peddling or solicitation activities within the City of
Hyattsville without first obtaining a permit issued by the department,
provided, however, that the following are exempted from the permit
provisions of this article:
A. A "canvasser" as defined in section
90-1.
B. Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made;
C. Any communication by an organization soliciting contributions solely
from persons who are members of the organizations at the time of such
solicitation;
D. Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable person; or
E. Any solicitation for the relief of any individual specified by name
at the time of the solicitation where the solicitor represents in
each case that the entire amount collected shall be turned over to
the named beneficiary.
Every person not exempted under section 10-20 above who is subject
to the provisions of this ordinance shall file with the department
an application in writing on a form to be furnished by the department,
which shall provide the following information:
A. Proof of age, address and identification of the applicant, to be
provided through the applicant's driver's license, Articles
of Incorporation (for sponsors), or other legally recognized form
of identification;
B. A brief description of the business or activity to be conducted;
C. The hours and location for which the right to peddle or solicit is
desired;
D. If employed, the name, address and telephone number of the employer,
or if acting as an agent, the name, address and telephone number of
the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal, as the case may be;
E. A statement or background check acceptable to the department as to
the applicant including whether or not the applicant has been convicted
of a felony, misdemeanor or ordinance violation (other than traffic
violations), the nature of the offense or violation, the penalty or
punishment imposed, the date when and place where such offense occurred,
and other pertinent details thereof;
F. Proof of possession of any license or permit which, under federal,
state or local laws or regulations, the applicant is required to have
in order to conduct the proposed business, or which, under any such
law or regulation, would exempt the applicant from the licensing requirements
of this ordinance; and
G. A photograph of the applicant.
At the time the application is filed with the department, the
applicant shall pay a reasonable fee to cover the cost to the City
of processing the application and investigating the facts stated therein.
In addition, the permit fee shall be $15 for each solicitor or peddler.
All permits issued under the provisions of this ordinance shall
expire 60 days from the date of issuance, unless an earlier expiration
date is noted on the permit.
Every person obtaining or acting under a permit under this article
shall exhibit the permit as well as any government issued photo id
when requested to do so by any prospective customer or department
employee or police officer.
It shall be unlawful for any person other than the permittee
to use or wear any permit or badge issued under this article.
It shall be unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor to enter upon
any residential premises in the City where the owner, occupant or
person legally in charge of the premises has posted, at the entry
to the premises, or at the entry to the principal building on the
premises, a sign bearing the words "no peddlers," "no solicitors"
or words of similar import.
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of 7:00 p.m. and 9:00 a.m.
Any permit issued may be temporarily suspended upon oral or
written order of the department for up to 14 days. A permit may be
revoked by the department, after notice of the right to a hearing,
for any of the following reasons:
A. Fraud, misrepresentation or false statement contained in the application
for a permit;
B. Fraud, misrepresentation or false statement made by the permittee
in the course of conducting solicitation or peddling activities;
C. Conducting peddling or solicitation activities contrary to the provisions
contained in the permit;
D. Conviction for any crime involving moral turpitude; or
E. Conducting peddling or solicitation activities in such a manner as
to create a public nuisance, constitute a breach of the peace, or
endanger the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under
this ordinance shall be provided in writing and shall set forth specifically
the grounds for the proposed revocation and the time and place of
the hearing. Notice shall be mailed, postage prepaid, to the permittee
at the address shown on the permit application or at the last known
address of the permittee. The head of the department or designee will
preside at the hearing.
[Amended 12-5-2016 by
HO-2016-02]
Any person claiming to be legally exempt from the regulations
set forth in this ordinance, or from the payment of a permit fee,
shall cite the statute or other legal authority under which exemption
is claimed and shall present proof of qualification for such exemption.
The provisions of this Article
III are declared to be severable. If any section, sentence, clause or phrase shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance, but they shall remain in effect; it being the legislative intent that this ordinance shall remain in effect notwithstanding the validity of any part.