Any personal property of any nature whatsoever.
A person who sets up and operates a temporary business at
any location in the city for the purpose of soliciting, selling or
taking orders for or offering to sell or take orders for any goods,
merchandise or services.
Any individual, firm, corporation, association, joint venture,
partnership or other legal entity.
The chief of police of the city or his designee.
Selling or attempting to sell goods, merchandise or services,
or to take or attempt to take orders for goods, merchandise or services
to be performed or furnished in the future.
A person:
Who goes from house to house or from place to place soliciting,
selling or taking orders for or offering to sell or take orders for
any goods, merchandise, or services; or
Requesting contributions of funds, property or anything of value
or the pledge of any type of future donations, or selling or offering
for sale any type of property, including but not limited to goods,
tickets, books and pamphlets, for political, charitable, religious
or other noncommercial purposes.
(Ordinance adopting Code)
It shall be unlawful for any itinerant merchant or solicitor
to solicit any goods, merchandise or services within the city without
first obtaining a permit from the city.
(Ordinance adopting Code)
(a)
Any
person or itinerant merchant who wishes to solicit within the city
shall file a written application with the city, which application
shall include the following:
(1)
Proof of identity and home address of the applicant and the name
and address of the employer or firm such applicant represents;
(2)
A brief description of the nature, character and quality of the goods
to be sold;
(3)
If employed by another, the name and business address of the person,
firm, association or organization or corporation;
(4)
If a motor vehicle is to be used, a description of the vehicle, together
with motor vehicle registration number and license number;
(5)
A description of the proposed location of the solicitation;
(6)
Period of time the applicant so wishes to solicit, sell or take orders
in the city;
(7)
The names of other communities in which the applicant has worked
as a solicitor or itinerant merchant in the past twelve (12) months,
and, if employed by a different company in those communities, the
name of the company shall also be stated;
(8)
Proof of the sales tax permit issued by the state or proof that the
goods sold are not subject to such sales tax; and
(9)
An itinerant merchant who makes application to offer his goods for
sale upon private property shall provide written proof that he has
permission to use such property from the owner or the owner’s
agent.
(b)
The
applicant shall also present written proof of his authority to represent
the company or individual he states he represents.
(c)
The
application shall be accompanied by a fee in the amount established
by the city council from time to time and on file in the office of
the city secretary, and no permit shall be issued until such payment
has been paid by the applicant.
(d)
A
permit requested under this article shall not exceed ninety (90) days.
(e)
Upon
expiration of a permit, the solicitor or itinerant merchant may apply
for a new permit in the manner prescribed by this section.
(Ordinance adopting Code)
(a)
Upon
issuance of a permit required under this article, the permittee shall
be issued a card which shall contain the name of the permittee, the
permit number and the date of expiration.
(b)
It
shall be unlawful for any solicitor or itinerant merchant to solicit
in the city without carrying the required permit card on his person.
(c)
It
shall be unlawful for any itinerant merchant to solicit at locations
other than listed in his application for a permit.
(d)
It
shall be unlawful for any person soliciting to fail or refuse to display
such permit card upon the request of any person demanding the card.
(e)
It
shall be unlawful for any person to duplicate or otherwise display
a facsimile of a permit card issued pursuant to this article.
(f)
The
permit card shall be used only by the person to whom it was issued
and may not be transferred to any other person.
(Ordinance adopting Code)
It shall be unlawful for a person soliciting under this article
to:
(1)
Misrepresent
the purpose for the solicitation.
(2)
Continue
efforts to solicit from an individual once the individual informs
the solicitor or itinerant merchant that he does not wish to make
a purchase.
(3)
Solicit
a residence or a business as a solicitor or itinerant merchant in
defiance of any notice exhibited by a residence or business indicating
that solicitors or itinerant merchants are not welcome or invited:
(A)
A person desiring that no one solicit at his residence or business
shall exhibit in a conspicuous place upon or near the main entrance
to the residence a weatherproof card, not less than two (2) inches
by four (4) inches in size containing the words, “no solicitors.”
The letters shall not be less than two-thirds of an inch in height.
(B)
Every solicitor or itinerant merchant going onto any premises upon
which a residence or business is located shall first examine the residence
or business to determine if any notice prohibiting solicitation is
exhibited. The solicitor shall immediately depart from the premises
without disturbing the occupant, unless the visit is the result of
a request made by the occupant.
(4)
Stand
on or in proximity to a street or highway for the purpose of soliciting
goods; merchandise or services from the occupant of any vehicle.
(5)
Engage
in solicitation as follows: before 9:00 a.m. or after 9:00 p.m. of
any day, Monday through Sunday; or at any time on a New Year’s
Day, Fourth of July, Labor Day, Memorial Day, Thanksgiving Day or
Christmas Day.
(6)
Solicit
on property owned by the city, unless such person has received a permit
from the city authorizing said location.
(Ordinance adopting Code)
(a)
Any
permit issued under this article may be suspended for any of the following
reasons:
(1)
Fraud or misrepresentation in the application for a permit;
(2)
Fraud or misrepresentation in the course of soliciting contrary to
the conditions of the permit;
(3)
Soliciting in such a manner as to create a public nuisance or constitute
a danger to public health, safety or welfare;
(4)
Continue efforts to solicit from an individual once that individual
informs the solicitor that he does not wish to make a purchase from
the solicitor.
(b)
Upon
suspension of a permit, the city shall deliver written notice to the
permit holder stating the action taken and the reasons for such action.
The written notice shall be delivered to the permit holder in person
or mailed to the permit holder’s last known address.
(Ordinance adopting Code)
Any person aggrieved by the action of the city in the denial
of an application for a permit or suspension of a permit shall have
the right of appeal to the city council. Such appeal shall be taken
by filing with the city secretary, within ten (10) days after notice
of the action complained of has been mailed to the person’s
last known address, a written statement setting forth the grounds
for an appeal. A hearing on the denial shall be scheduled for the
next regular meeting of the city council, to be held within 20 days
of the appeal, and notice shall be given to the appellant. The decision
and order of the city council on such an appeal shall be final and
conclusive.
(Ordinance adopting Code)
(a)
The
provisions of this article shall not apply to the following:
(1)
Sales made to dealers by commercial travelers or sales agents in
the usual course of business calling upon or dealing with manufacturers,
wholesalers, distributors or retailers at their places of business;
(2)
Licensed real estate brokers or agents;
(3)
Solicitors on the property or residence by express invitation of
the occupant;
(4)
Minors under the age of seventeen (17), unless they are acting as
agents for adults covered by this article;
(5)
Religious organizations for the distribution of handbills, tracts
and other items for the purposes of proselytizing, as long as no fees
are charged and no donations are solicited;
(6)
Anonymous political speech;
(7)
The distribution of handbills.
(b)
The
required license fee shall not apply to persons engaged in charitable,
educational or religious purposes and the person exhibits, at the
time of solicitation, documentation in writing which identifies him
as a representative of a charitable, educational, or religious organization
for which he is soliciting.
(Ordinance adopting Code)
Any person violating any of the provisions of this article shall, upon conviction, be fined in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance adopting Code)
