[1]
Editor's note—Ord. No. 1314, § 1, adopted Dec. 14, 2004, deleted the former Art. II, §§ 74-26—74-34, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Ord. No. 804, §§ 1—9, adopted Apr. 26, 1988.
As used in this chapter, the following terms shall have the respective meanings ascribed to them:
Charitable purpose
means the use of money or property for the benefit of a duly incorporated and tax-exempt nonprofit corporation or entity, which is certified as being tax exempt under state or federal law.
City right-of-way
means any area open to public use including but not limited to such areas as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.
Solicitor
means any person who goes from house to house or from place to place in the city soliciting, selling or taking orders for any services, goods, wares, or merchandise, of any nature or kind whatsoever.
(Ordinance 1314, § 1, 12-14-04)
(a) 
Unless otherwise exempt as set forth in this article, it shall be unlawful for any person to conduct himself as a solicitor without having first obtained a license from the city as set forth in this article, except that where the person who will be soliciting is under the age of 16, such person shall be at all times supervised by a person who is over the age of 18 who shall have obtained a license individually and on behalf of the person to be supervised.
(b) 
Upon issuance, the license shall be carried with any licensee at all times during which solicitation activity is being conducted. Further, the licensee must ensure that the license is properly displayed while conducting solicitor activities. Properly displayed shall mean attached to or hung from the solicitor's clothing so that the license is clearly visible to the public and law enforcement officials.
(c) 
All persons conducting themselves as a solicitor on city right-of-way shall at all times during which solicitation is being conducted wear orange traffic safety vests.
(d) 
Unless otherwise exempt as set forth in this article, no solicitation is permitted on, in or upon city right-of-way, without a license.
(Ordinance 1314, § 1, 12-14-04)
(a) 
Each prospective solicitor shall submit an application for a license which application shall be in writing, made under oath, and shall set out the following:
(1) 
Name of applicant, with his permanent address, telephone number, proof of identify, together with two full-face photographs of the applicant two inches square;
(2) 
Name and address of the person or entity he represents;
(3) 
Kind, type and character of goods he will offer sale, or type of solicitation he will undertake;
(4) 
The specific location(s) where he will solicit;
(5) 
The names of any cities where applicant has worked in the previous 90 days;
(6) 
Whether or not applicant has ever been convicted of a felony or misdemeanor, and if the applicant has been so convicted, state the nature of the offense and the punishment or penalty assessed thereof;
(7) 
An authorization to conduct a criminal background check on the applicant; and
(8) 
The license and investigation fees as provided in this chapter.
(b) 
Failure to provide a complete and thorough application or the falsification of any part of the application shall be grounds for the denial or revocation of a license.
(Ordinance 1314, § 1, 12-14-04)
The license fee for a solicitor under this chapter shall be $50.00. Provided, however, when a person engages in any such activity, through one or more agents or employees, such person shall, in addition to the $50.00 fee above mentioned, pay a license fee of $20.00 for each agent or employee so engaged. Any license issued under this article shall be valid for one calendar year from the date of its issuance. If the solicitor (or his/her agent/employee) loses his/her license the fee for a replacement license made within the one year from the original date of issuance shall be $20.00. In addition to the license fee, each applicant must pay any required investigation fee.
No license fee shall be required of solicitations solely for charitable purposes.
(Ordinance 1314, § 1, 12-14-04)
In addition to the license fee, each applicant shall pay a fee to cover the cost of conducting a criminal background check on the applicant. The investigation fee, as determined by the city manager, or his designee, shall cover but not exceed all actual expenses incurred by the city to conduct the required background check.
Before issuance of any license, the city secretary shall process each application made for a license under this article, and when such application (including the required background check) is complete, shall make a report to the city manager or his designee.
(Ordinance 1314, § 1, 12-14-04)
(a) 
It shall be the duty of the city manager, or his designee to issue or refuse to issue a license under this chapter not later than five days from the time the report from the city secretary is received. If a license contemplated by this article is refused to be issued by the city manager, or his designee, written notice of such decision shall be timely provided to the applicant by certified mail.
(b) 
The city manager, or his designee, may refuse to issue any license contemplated by this article should the required background check on the applicant reveal any of the following, to wit: 1) a felony conviction; 2) a state jail felony conviction; 3) a current probationary period existing on a deferred adjudication for a felony or state jail felony; 4) a federal felony conviction; or 5) a conviction of theft or any other crime involving moral turpitude.
(Ordinance 1314, § 1, 12-14-04)
The following shall be exempt from the licensing requirements of this article:
(1) 
Religious organizations exclusively for the distribution of literature and other items for the purpose of proselytizing, provided that no fees are charged and no donations are solicited.
(2) 
Anonymous political speech.
(3) 
Sales made under authority and by order of law, nor to persons, or their authorized representatives, who have previously established with the owners or occupants of such private residences or property a regular business, trade, service or other contractual relationship.
(4) 
Newspaper solicitations. The licensing requirements of sections 74-26 through 74-31 shall not apply to newspaper solicitations. However, it shall be unlawful for any person, firm or corporation to conduct newspaper solicitations except in compliance with this section and the other applicable sections of this chapter.
Each newspaper is required to notify the city secretary during the regular business hours of the city, and at least 12 hours in advance of such solicitation, of the date, time, and general location of the solicitation, and of the number of persons who will be soliciting. Each person conducting himself as a newspaper solicitor shall wear a badge or other form of identification, which identifies the newspaper and is worn on a clearly visible location on the person.
(5) 
Any operation, which is exempted by state or federal statute from this chapter, only to the extent of such applicable exemption.
Any person claiming to be legally exempt from the provisions of this chapter, including the payment of the license or investigation fee shall make such a claim in writing to the city manager, or his designee, citing the applicable statute or authority, and providing proof of its applicability.
(Ordinance 1314, § 1, 12-14-04)
If the city manager or his designee refuses to issue a license under this chapter, the applicant shall have the right to appeal to the city council within ten days from the date notice of refusal was mailed to the applicant. The applicant must request in writing the hearing on his/her appeal within the ten-day period. The appeal hearing shall be placed on the next regular council meeting agenda which is at least three days after the date the notice of appeal is received from the applicant by the city.
(Ordinance 1314, § 1, 12-14-04)
It shall be unlawful for any person acting as a solicitor to go in or upon the premises of a private residence in the city prior to 9:00 a.m. or after 5:00 p.m. on any day, Monday through Saturday, or at any time on Sunday or any other federally designated holiday, or, on any day where the department of homeland security has declared an orange or red state of alert. This section shall not apply to a visit to the premises as a result of a request or invitation made by the occupant.
(Ordinance 1314, § 1, 12-14-04)
It shall be unlawful for any licensed solicitor, or their agent or employee, to sell, or offer for sale, any edible goods, produce, or any other packaged food product, whether pre-cooked or not, which are or have at all times not been kept in a clean and sanitary condition. It shall also be unlawful for licensed solicitor, or their agent or employee to fail to keep their wagons, vehicles, or other means of transporting food products for sale in a clean and sanitary condition. No solicitor shall sell, or offer for sale, any unsound or unwholesome article, nor shall they give, or make, any false weights or measures of any of the various articles as specified and covered by this section.
(Ordinance 1314, § 1, 12-14-04)
It shall be unlawful and a violation of this article for any solicitor to:
(1) 
Misrepresent the purpose of the solicitation;
(2) 
Misrepresent the affiliation of those engaged in the solicitation;
(3) 
Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor; or
(4) 
Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation; or
(5) 
Solicit at any residence or building which has posted a no solicitor sign; or
(6) 
Act in any manner, which is contrary to local, state, or federal law.
(Ordinance 1314, § 1, 12-14-04)
(a) 
Any person, firm or corporation violating any of the terms or provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not to exceed $2,000.00 for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, not to exceed $500.00 for each offense for all other violations, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) 
In case of any willful violation of any of the terms and provisions of this chapter, the city, in addition to imposing the penalties above provided, may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation of the terms of this chapter as a misdemeanor, shall not preclude the city from invoking the civil remedies given it by the laws of the state, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violations.
(c) 
Each day's engaging in the business regulated by this chapter without the payment of the fee due thereon, and procuring a receipt or license therefore, and each day's failure to comply with any of the other provisions of this chapter, shall constitute a separate offense, and the person so found guilty of such violation, or failing to comply with the provisions hereof shall, upon conviction, be punished therefore as hereinabove provided.
(d) 
In addition to the sanctions provided for above, any person, firm, or corporation violating any term or provision of this chapter shall be subject to forfeiture of their solicitor license. In the event of such forfeiture of license, no part of such license fee as may have been so paid shall be refunded to such person, and no further license shall be issued to such person for the remaining period of such license year under this chapter.
(Ordinance 1314, § 1, 12-14-04)