(a)
No
person shall canvass or solicit in person or call from house to house
in the city to sell or attempt to sell goods, merchandise, wares,
services or any thing of value or to take or attempt to take orders
for the future delivery of goods, merchandise, wares or anything of
value, or take or attempt to take orders for services to be furnished
or performed in the future, without first having a written permit.
(1999 Code, sec. 74-61)
(a)
Required information; proof of insurance.
Any person
desiring to canvass or solicit within the city shall file a written
application for a permit to do so with the city administrator, which
application shall show:
(1)
The name and address of the applicant; if the applicant is an association,
company or corporation, it shall state its name along with the names
of the persons who will be soliciting in the city;
(2)
The name and address of the employer or firm which such applicant
represents;
(3)
If the applicant is a corporation, or if the individual is employed
by a corporation, the date and place of incorporation;
(4)
The names of other communities in which the applicant has worked
as a solicitor or canvasser in the past 12 months; and if he was employed
by a different company in the other communities, the name of those
companies shall also be stated;
(5)
The nature of merchandise to be sold or offered for sale or the nature
of the services to be furnished;
(6)
Whether such applicant upon any such order so obtained will demand,
accept or receive payment or deposit of money in advance of final
delivery;
(7)
The period of time such applicant so wishes to solicit, sell or take
orders in the city;
(8)
An outline of the methods to be used in conducting the solicitations;
(9)
A physical description of the applicant or any agents of the applicant,
which includes race, sex, height, weight, hair and eye color, date
of birth, driver’s license number and the name of the state
issuing the driver’s license;
(10)
A description of any vehicle to be used by the applicant or its agents;
and
(11)
An itinerary to be used by the applicant or its agents, including
a street map highlighted to show actual routes to be used by such
applicant and its agents in any solicitations within the corporate
limits of the city.
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Such applicant shall provide a copy of a current general liability,
property damage and medical coverage insurance policy issued by an
insurance company authorized to do insurance business in the state.
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(b)
Proof of authority.
Such applicant shall also show satisfactory
proof of his authority to represent the company or individual such
applicant states that he represents, and such proof shall be in writing.
(c)
Master permit.
Where any individual, association, company or corporation will be represented by more than 15 individuals serving as solicitors, such individual, association, company or corporation may apply for a master permit to solicit, in lieu of each individual’s obtaining a permit to solicit. The application for this master permit will include all the information requested in subsection (a) of this section, except subsections (a)(4) and (a)(9). The applicant will maintain at all times a list containing the names and addresses of individuals soliciting under the master permit. This list will be made available to the city administrator or his designee upon request during regular business hours.
(d)
Fee.
The application fee for an individual permit shall be as set forth in the fee schedule in appendix A of this code. No permit shall be issued until such fee has been paid by the applicant.
(e)
Issuance.
A permit applied for under this section shall
be issued by the city administrator when the application is approved
and any required bond is filed, unless it is determined that the applicant
has provided false information on his application.
(f)
Duration.
A permit requested under this section shall
be issued for the length of time requested, not to exceed six months.
Upon expiration of one permit, the solicitor may apply for a new permit
in the manner prescribed by this section.
(1999 Code, sec. 74-62; Ordinance
adopting 2018 Code)
The permit required by this division or the issuance of a permit
under the provisions of this division shall not be required of the
following:
(1)
Ordinary
commercial travelers who sell or exhibit for sale goods, wares or
merchandise to persons engaged in the business of buying, selling
and dealing in goods, wares or merchandise within the city.
(2)
Persons
soliciting on the property by express prior invitation of the person
residing on such premises.
(3)
Persons
operating under occupational licenses granted by a state agency.
(1999 Code, sec. 74-63)
(a)
Where the application for a permit to peddle in the city shows that the applicant will not demand, receive or accept payment and/or deposit of money in advance of final delivery of such goods, wares, merchandise or articles to be sold and/or solicited by such applicant, it shall be the duty of the city administrator to issue to such applicant a permit to solicit, sell and take orders for such goods, wares, merchandise and/or articles set out in such applicant’s application upon the payment of the fees required by section 4.03.032(d).
(b)
If
the application for such permit shows that such applicant shall receive,
demand or accept payment and/or deposit of money in advance of final
delivery of goods, wares, merchandise, services or anything of value
sold, then such application shall be accompanied by a bond in the
penal sum of $1,000.00 for an individual permit or $5,000.00 for a
master permit executed by such applicant as principal and a surety
company licensed to do business as such in the state. Such bond is
to be conditioned upon making final delivery value in accordance with
the terms of such order and/or [orders obtained and which bond shall
be for the use and] benefit of all persons who may pay in advance
or make any advance deposit on the purchase of such orders, and such
bond shall so stipulate in its terms.
(c)
The
applicant for a permit must provide a copy of a general liability
insurance policy for insuring against public liability, property damage
and medical coverage in the respective minimum amounts of $100,000.00,
$300,000.00 and $500,000.00.
(1999 Code, sec. 74-64)
Along with every individual permit issued under the provisions
of this division, the permittee shall be issued a permit certificate
which shall contain the following information: name of permittee,
permit number, date of expiration of permit and the signature of the
city administrator. It shall be unlawful for the permittee to engage
in his business without having such certificate in his possession,
and it shall further be unlawful for such permittee to fail or refuse
to show or display such certificate upon the request of any person
demanding so.
(1999 Code, sec. 74-65)
Should an applicant have a permit revoked by the city administrator,
he may appeal that action to the city council by submitting a letter
to the city administrator’s office within ten days of the action
complained of. A hearing on the denial will then be scheduled for
the next regular meeting of the council, or a special meeting of the
council, to be held within 15 days of the appeal. The council will
render a decision on the appeal within ten days of such hearing. The
city council may grant waivers to the provisions of this division
upon a showing of good cause.
(1999 Code, sec. 74-66)
