Any person who engages in commercial activities within city
limits by carrying goods or merchandise and selling or offering for
sale for immediate delivery such goods or merchandise from house-to-house,
business-to-business, or upon public property.
Any individual to whom a permit is issued pursuant to this
article.
Any person who solicits or attempts to solicit, from house-to-house,
business-to-business, or upon public property, funds or orders for
services, commercial goods, wares, merchandise, subscriptions or publications
to be delivered at a future date or time.
(Ordinance 261, sec. 1, adopted 4/21/09)
(a)
No peddler or solicitor may conduct activities defined in section 4.02.001 except between the hours of eight a.m. and sunset.
(b)
No
peddler or solicitor may peddle or solicit in the public streets,
or from medians in the streets, within the city limits, or in any
way block, obstruct, or unduly hinder passage on public streets within
the city limits.
(Ordinance 261, sec. 14, adopted 4/21/09)
Any peddler or solicitor who conducts or attempts to conduct
business at a place where a sign clearly indicates that solicitors
or peddlers are unwelcome is in violation of this article.
(Ordinance 261, sec. 15, adopted 4/21/09)
Any person violating the provisions of this article is guilty
of a class “C” misdemeanor and upon conviction shall be
fined not more than $500.00 for each offense. Each day a person violates
the provisions of this article shall be considered a separate offense.
(Ordinance 261, sec. 16, adopted 4/21/09)
It is unlawful for any peddler or solicitor to engage in business
within the city without first obtaining a permit from the city administrator.
(Ordinance 261, sec. 2, adopted 4/21/09)
(a)
The
following are excluded from the permitting provisions of this article:
(1)
Newspaper carriers;
(2)
Farmers who sell agricultural products that were raised or grown
by them;
(3)
Locally based nonprofit organizations, or local chapters or affiliates
of these organizations;
(4)
Religious proselytizing or distribution of religious literature;
(5)
Political speech;
(6)
Canvassers who attempt only to distribute handbills or to solicit
political support or to determine opinions or sentiments; or
(7)
Persons conducting activities sanctioned and/or approved by local
schools.
(b)
Persons who are exempt from the permitting requirements pursuant to section 4.02.031, above, shall be subject to the provisions of sections 4.02.002 (hours and places of solicitations) and section 4.02.003 (no solicitors signs); and are encouraged to notify the city administrator as to the approximate dates of the door-to-door activities, and the areas in which they will be working.
(Ordinance 261, sec. 3, adopted 4/21/09)
Any peddler or solicitor desiring to engage in activities as
a peddler or solicitor within the city must file a written application
for permit with the city administrator, which application shall give
the following information:
(2)
If
the applicant is peddling or making solicitations for any commercial,
charitable or political organization, the name, telephone number,
address of such organizations and contact person.
(3)
Full
and complete list of goods to be sold and/or services to be delivered.
(4)
For
each individual involved in the peddling or solicitation campaign:
name, telephone number, address, birth date, physical description,
full-face photograph, finger or thumbprint and either:
(5)
Description
(year, make, type) and license plate number and state of all vehicles
to be used in soliciting and peddling.
(6)
Authorization
to conduct criminal background check on the applicant and all individuals
involved in the peddling or solicitation campaign.
(7)
The
names of any cities where applicant has worked in the previous 90
days.
(8)
Applicant
must provide original identifying documents to the city administrator
upon request.
(Ordinance 261, sec. 4, adopted 4/21/09)
The application shall contain express provisions stating that
issuance of a permit shall be conditioned upon compliance with all
requirements of this article and other applicable laws.
(Ordinance 261, sec. 5, adopted 4/21/09)
(Ordinance 261, secs. 6, 7, adopted 4/21/09; Ordinance adopting Code)
(a)
A
copy of the application for permit will be referred to the city administrator
who will undertake an investigation of the applicant’s record
and background, such as shall be reasonably necessary to protect the
public. An application for permit under this article may be denied
where:
(1)
Required application information is incomplete or incorrect;
(2)
Applicant is currently wanted on warrant for arrest;
(3)
Applicant has been convicted of any offense reportable by the city
to the state department of public safety or the Federal Bureau of
Investigation under “Index Crimes” Part I and/or Group
A of the National Incident Base Reporting System or Crime Index programs
or other law enforcement reporting system (e.g. aggravated assault,
burglary, forcible rape, larceny-theft, motor vehicle theft, murder,
nonnegligent manslaughter, and robbery).
(b)
If
the city administrator or the city administrator’s designee
(designee) denies a permit, applicant may appeal this decision in
writing to the city council, which may affirm, modify or reverse the
decision of the city administrator or designee. An appeal to the city
council may be perfected by written notice to the city administrator
or designee delivered within ten days of the date the city administrator’s
or designee’s decision is delivered to the permittee. Any decision
of the city administrator or designee which is not properly appealed
shall be final.
(Ordinance 261, sec. 8, adopted 4/21/09)
(a)
If the city administrator or designee finds that the application is completed in conformance with section 4.02.033 through 4.02.035, a permit shall be issued within five working days. The permit shall be the original application under section 4.02.033, with an official stamp indicating approval by the city administrator or designee. Each permit will be valid for 12 months from date of issue.
(b)
The
city administrator will retain one copy of the approved permit for
official records. The permit may not be represented as an endorsement
or approval by the city of the purposes of a solicitation or a product
offered by the permittee.
(c)
Only those peddlers or solicitors whose names are listed on the approved application may conduct business under the issued permit. If any new peddlers or solicitors join the campaign after the original permit is issued, they must supply the city administrator with the information required in section 4.02.033. The permit shall list the name and other identifying information of the permittee and all persons who have been listed in accordance with section 4.02.033(4) above and have been approved to conduct peddling or solicitation under the permit.
(Ordinance 261, sec. 9, adopted 4/21/09)
(a)
The permittee is required to notify the city administrator before any peddling or soliciting under the issued permit is conducted in each new calendar month after the issuance of the permit. At this time, the permittee will update any information required under section 4.02.033 that has changed.
(b)
The
permittee shall inform each individual that is involved in the peddling
or solicitation campaign of all requirements of this article and applicable
law and shall suspend activities by any person who fails to comply
with such requirements.
(c)
The
permittee shall not permit any person other than those persons listed
on the permit to be engaged in peddling or solicitation.
(d)
Each
peddler or solicitor will carry his or her permit or a copy thereof
at all times while engaging in business in the city. Upon request
or demand, the peddler or solicitor will exhibit the permit to indicate
compliance with all of the relevant requirements of this article.
(Ordinance 261, sec. 10, adopted 4/21/09)
Permits issued under the provisions of this article are not transferable in any situation and will be clearly marked “not transferable.” (Ordinance 261, sec. 11, adopted 4/21/09)
(Ordinance 261, sec. 12, adopted 4/21/09)
(a)
The
city administrator or designee may, upon documented complaint or violation
of law, suspend and confiscate a permit issued under this article.
(b)
Peddlers
and solicitors whose permits are suspended have three business days
during which to request an administrative review of the suspension
by the city administrator or designee. If request for administrative
review is not made within three working days, the permit is revoked.
(Ordinance 261, sec. 12, adopted 4/21/09)
(a)
Upon
permittee’s request, the city administrator or designee shall
provide the permittee with written notice containing particulars of
any and all complaints against him or her, and the time, date and
place for an administrative review of the suspension.
(b)
The
city administrator or designee will conduct an administrative review
to determine whether the permit shall be restored or revoked.
(c)
After
notice and review, the city administrator or designee may revoke any
permit issued under this article for the following reasons:
(d)
If
the city administrator or designee revokes a permit, applicant may
appeal this decision in writing to the city council, which may affirm,
modify, or reverse the decision. An appeal to the city council may
be perfected by written notice to the city administrator delivered
within ten days of the date the city administrator’s or designee’s
decision is delivered to the permittee. Any decision of the city administrator
or designee which is not properly appealed shall be final.
(e)
Revocation
of any permit shall bar the permittee from eligibility for any person
under this article for a period of one year.
(Ordinance 261, sec. 13, adopted 4/21/09)
