(a)
A
person commits an offense if the person engages in solicitation activities
in the city without a valid registration certificate issued by the
administrator.
(b)
A
registration certificate shall be valid for one (1) year following
the date of its issuance unless a shorter period is requested by the
applicant.
(c)
An
applicant for a registration certificate shall pay a nonrefundable
application fee at the time the application is submitted.
(d)
The amount of the nonrefundable application fee shall be as set forth in section A.02.005 of appendix A, “Fee Schedule,” of this code. If a person, firm, corporation or organization engages in solicitation activity through two or more agents, employees or volunteers the nonrefundable application fee for each additional agent, employee or volunteer shall be as set forth in section A.02.005 of this code. The nonrefundable application fee shall be used for the purpose of defraying administrative expenses incident to the issuing of registration certificates.
(Ordinance 1139-2017 adopted 3/28/17)
A person desiring to conduct solicitation activities within
the city shall make a written application on a form provided by the
administrator for a registration certificate. Applications must be
submitted in person; no online submittals will be accepted. The application
shall contain or be submitted with the following information:
(1)
The full name, date of birth, phone number and address of the
applicant;
(2)
A valid United States issued government photo identification
card or state driver's license (the administrator will make a
photocopy and attach to the application) of the applicant;
(3)
Except as provided by section 4.02.033(c), two photographs of the applicant, measuring 1.5" x 1.5" and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application;
(4)
If a vehicle or vehicles are used to conduct the solicitation
activity, a description of each vehicle, its license plate number
and vehicle identification number, the name and license number of
the driver who will operate each vehicle, and adequate proof under
state law that each driver maintains financial responsibility for
the vehicle they will operate shall be attached to the application;
(5)
If the applicant is acting as an employee, agent or volunteer,
the name and physical street address (not a post office box) and telephone
number of the employer, principal or organization with credentials
in written form establishing the relationship and authority of the
employee, agent or volunteer to act for the employer, principal or
organization;
(6)
If applicable, the merchandise to be sold or offered for sale,
the nature of the services to be furnished;
(7)
The approximate time period within which the solicitation is
to be made, stating the date of the beginning of the solicitation
activity, its projected conclusion and the proposed dates and times
of solicitation;
(8)
Whether the applicant, upon any order obtained, will demand, accept or receive payment or the deposit of money in advance of final delivery, and if so, a copy of the bond required by section 4.02.034;
(9)
If the applicant, or the applicant's employer or principal
has pled guilty, or nolo contendere to, or has been convicted of a
felony or misdemeanor involving fraud, deceit, theft, embezzlement,
burglary, larceny, fraudulent conversion, misrepresentation, or misappropriation
of property within ten (10) years preceding the date of application,
a description of each such conviction or plea, the name of the court
and jurisdiction in which the complaint or indictment was filed and
the date of the offense;
(10)
If the applicant, or the applicant's employer or principal
is a person against whom a civil judgment or administrative decision
based upon fraud, deceit, theft, embezzlement, burglary, larceny,
fraudulent conversion, misrepresentation, or misappropriation of property
has been entered or ordered within ten (10) years preceding the date
of application, a description of judgment or action, the case or cause
number, if any, and the court or administrative agency that rendered
the judgment or decision;
(11)
If the solicitation activity is to be conducted on behalf of
a nonprofit organization, proof of such status shall be attached to
the application.
(Ordinance 1139-2017 adopted 3/28/17; Ordinance
1384-2023 adopted 7/25/2023)
(a)
A
minor who conducts solicitation activities shall be sponsored or employed
by a person over the age of eighteen, a corporation, firm or organization.
The person, corporation, firm or organization that is sponsoring or
employing the minor(s) is responsible for controlling the conduct
of the minors and the minors shall be under the constant supervisor
of a person eighteen (18) years of age or older.
(b)
A
person, corporation, firm or organization that sponsors or employs
one or more minors as solicitors may submit one (1) application and
pay one nonrefundable application fee, in the amount set forth in
chapter 30 [section A.02.005], for the registration of the minors
regardless of the number of minors who conduct solicitation activities.
The sponsor or employer shall provide the administrator the name(s),
date(s) of birth, address(es) and driver’s license number(s)
(if applicable), and a notarized parental consent for each minor that
will be conducting solicitation activities. The parental consent form,
which shall be provided by the administrator, shall acknowledge the
release of the information set forth above.
(Ordinance 1139-2017 adopted 3/28/17)
(a)
Solicitors who require cash deposits or advance payments for future delivery of goods or for services to be performed in the future or who require an agreement to finance the sale of goods for future delivery or for services to be performed in the future, shall furnish to the city a bond with the application in the amount determined in subsection (c), signed by the applicant and a surety company authorized to do business in the state:
(1)
Conditioned upon the final delivery of goods or services in accordance
with the terms of any order obtained;
(2)
To indemnify purchasers for defects in material or workmanship that
may exist in the goods sold and that are discovered within 30 days
after delivery; and
(3)
For the use and benefit of persons, firms, or corporations that may
make a purchase or give an order to the principal of the bond or to
the agent or employee of the principal of the bond.
(b)
If
a person, firm, or corporation is engaging in solicitation activities
through one or more agents, employees, or volunteers only one bond
is required for the activities of all the agents, employees or volunteers.
(Ordinance 1139-2017 adopted 3/28/17)
(a)
Upon
receipt of an application, the administrator shall review the application
to ensure compliance with this article.
(b)
The
administrator shall authorize the registration within thirty (30)
days of receipt of the application unless:
(1)
An investigation reveals that the applicant or the applicant’s
employer, principal or organization falsified information on the application;
(2)
Within ten years preceding the date of application, the applicant or the applicant’s employer, principal or organization has pled guilty or nolo contendere to, or has been convicted of, a felony or misdemeanor described in section 4.02.032(9);
(3)
Within ten years preceding the date of application, a civil judgment or administrative decision described in section 4.02.032(10) has been entered or ordered against the applicant or the applicant’s employer, principal or organization;
(4)
The applicant provided no proof of authority to act on behalf of
the employer, principal or organization;
(5)
The type of solicitation activity requires a bond, and the applicant
or the applicant’s employer, principal or organization has not
complied with the bond requirements; or
(c)
The
denial and the reasons for the denial shall be noted on the application,
and the applicant shall be notified of the denial by notice mailed
to the applicant and the applicant’s employer, principal or
organization at the address shown on the application or the last known
address. The notice of denial shall be mailed within thirty (30) days
of the receipt of the application.
(Ordinance 1139-2017 adopted 3/28/17)
(a)
Upon
authorization of the registration, the administrator shall deliver
a registration certificate for each solicitor.
(b)
The
registration certificate shall be in the form of a photo identification
tag and shall contain the following information:
(1)
The name and address of the solicitor;
(2)
The solicitor’s employer, principal or organization, if applicable;
(3)
The kind of goods or services to be sold or offered for sale, if
applicable;
(4)
A description and license plate number of any vehicle to be used
in carrying out the solicitation activities, if applicable;
(5)
A registration number; and
(6)
The dates of issuance and expiration of the certificate.
(c)
The
registration certificate shall be worn constantly in a conspicuous
place by the permit holder while conducting solicitation activities
in the city. A person commits an offense if the person engages in
solicitation activities and fails or refuses to show or display the
registration certificate upon the request of any person.
(d)
A
registration certificate shall be used only by the solicitor for whom
it was issued and may not be transferred to another person. A person
commits an offense if the person wears or displays a photo identification
tag issued to another person.
(e)
A
person who uses a vehicle in conducting solicitation activities shall
post a sign located in a conspicuous place on or in the window of
the vehicle, identifying the name of the person, company or organization
that the person represents. If the name is an individual person, it
must be followed by the word “solicitor.” The lettering
on the sign must be at least two and one-half (2-1/2) inches high.
A person commits an offense if the person violates this subsection.
(Ordinance 1139-2017 adopted 3/28/17)
A registration certificate issued pursuant to this article may
be revoked or suspended by the administrator, after notice and hearing,
for any of the following reasons:
(1)
Fraud,
misrepresentation, or false statement contained in the application
for registration;
(2)
Fraud,
misrepresentation, or false statement made by a solicitor in the course
of conducting solicitation activities;
(3)
A plea or conviction of a crime described in section 4.02.032(9);
(4)
A judgment involving a matter described in section 4.02.032(10);
(5)
The
type of solicitation activity requires a bond, and the bond requirements
have not been complied with or the bond has expired or is no longer
valid; or
(6)
A
violation of any of the regulations set forth in this article.
(Ordinance 1139-2017 adopted 3/28/17)
(a)
A
person who is denied a registration certificate or whose registration
is revoked or suspended by the administrator may appeal the decision
to the police chief by filing notice of appeal with the police chief
within 15 days after the notice of the decision is mailed to the address
indicated on the application or the last known address.
(b)
Within
10 days of the receipt of the notice of appeal, the police chief shall
set a time and place for a hearing on the appeal which shall be not
later than 40 days from the date of receipt of the notice of appeal.
(c)
Notice
of the time and place of the hearing shall be delivered to the person
by mail, sent to the address indicated on the application or the last
known address of the appellant.
(d)
The
decision of the police chief on the appeal is final. No other administrative
procedures are provided by the city.
(Ordinance 1139-2017 adopted 3/28/17)
