The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
context clearly indicates a different meaning:
means a person who attempts to make personal contact with
a resident at his/her residence without prior specific invitation
or appointment from the resident, for the primary purpose of:
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause; or
Distributing a handbill or flyer advertising a noncommercial
event or service.
means any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet, or any other
printed or otherwise reproduced original or copies of any manner.
means a person who sets up and operates a temporary business
on privately owned property, whether improved or unimproved, in the
city, soliciting, selling, or taking orders for, or offering to sell
or take orders for any goods or services. A temporary business is
one that continues for 45 days or less; and exists whether solicitation
is from a stand, vehicle, or freestanding.
means a person who attempts to make personal contact with
a resident at his/her residence without prior specific invitation
or appointment from the resident, for the primary purpose of attempting
to sell a good or service. A "peddler" does not include a person who
distributes handbills or flyers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
from the time of visit. Such a person is a "solicitor."
means a person who attempts to make personal contact with
a resident at his or her residence without prior specific invitation
or appointment from the resident, for the primary purpose of:
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political or religious purpose, even if incidental to
such purpose there is the sale of some good or service; or
Distributing a handbill or flyer advertising a commercial event
or service.
(2008 Code, sec. 112.01; Ordinance 2013-015, sec. 1, adopted 2/18/2013)
No person shall act as a peddler, hawker, or solicitor within
the city without first obtaining a permit in accordance with this
chapter. A canvasser is not required to have a permit but any canvasser
wanting a permit for the purpose of reassuring city residents of the
canvasser's good faith shall be issued one upon request.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
Any person or organization (formal or informal) required or permitted to obtain a permit pursuant to section 28-21 may apply for one or more permits by completing an application form at the office of the city secretary containing the information detailed in section 28-23, during regular office hours.
(b)
The
permit shall be issued promptly after application but in all cases
within 30 days of completion of an application, unless it is determined
within that time that:
(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 pleaded 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;
(3)
Within
ten years preceding the date of application, a civil judgment or administrative
decision involving fraud, deceit, theft, embezzlement, burglary, larceny,
fraudulent conversion, misrepresentation, or misappropriation of property
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 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 30 days of the receipt
of the application.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
The
applicant (person or organization) shall provide the following information
for each permit requested:
(1)
Name
of applicant;
(2)
Number
of permits required;
(3)
The
name, physical description and photograph of each person for which
a permit is requested. In lieu of this information, a driver's license,
state identification card, passport, or other government-issued identification
card (issued by a government within the United States) containing
this information may be provided, and a photocopy taken. If a photograph
is not supplied, the city will take an instant photograph of each
person for which a permit is requested at the application site. The
actual cost of the instant photograph will be paid by the applicant;
(4)
The
permanent and (if any) local address of the applicant;
(5)
The
permanent and (if any) local address of each person for whom a permit
is requested;
(6)
A
brief description of the proposed activity related to this permit.
(Copies of literature to be distributed may be substituted for this
description at the option of the applicant);
(7)
Date
and place of birth for each person for whom a permit is requested;
(8)
The
motor vehicle make, model, year, color, and state license plate number
of any vehicle which will be used by each person for whom a permit
is requested;
(9)
The
name of the immediate last preceding three municipalities in which
the applicant conducted similar activities;
(10)
The approximate time period within which the activity is to be made,
stating the date of the beginning of the activity, its projected conclusion
and the proposed dates and times of the activity;
(11)
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 28-25;
(12)
If the applicant, or the applicant's employer or principal, has pleaded
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 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;
(13)
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 years preceding the date of application,
a description of any judgment or action, the case or cause number,
if any, and the court or administrative agency that rendered the judgment
or decision; and
(14)
If the activity is to be conducted on behalf of a nonprofit organization,
proof of such status shall be attached to the application.
(b)
If a
permit is requested for a peddler:
(1)
The
name and permanent address of the business offering the event, activity,
good or service (i.e., the peddler's principal);
(2)
A
copy of the principal's sales tax license as issued by the state,
provided that no copy of a sales tax license shall be required of
any business which appears on the city's annual report of sales tax
payees as provided by the state comptroller's office; and
(3)
The
location where books and records are kept of sales which occur within
the city and which are available for city inspection to determine
that all city sales taxes have been paid.
(c)
If a
permit is requested for a solicitor or canvasser:
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
It shall
be the duty of the city secretary to investigate each person that
has made an application for a permit.
(b)
Upon
completion of the investigation, the city secretary shall issue or
refuse to issue a permit. All permits issued shall be valid for a
period of one year, unless revoked sooner.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
Applicants 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 (b), 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)
Such
bond shall be in the sum as currently established or as hereafter
adopted by resolution of the city council from time to time and shall
remain in full force and effect for the entire duration of the permit.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
A permit issued pursuant to this chapter may be revoked or suspended
by the city secretary, after notice and hearing, for any of the following
reasons:
(1)
Fraud,
misrepresentation, or false statement contained in the application
for a permit;
(2)
Fraud,
misrepresentation, or false statement made by a peddler, hawker, or
solicitor in the course of conducting his activities;
(3)
A plea or conviction of a crime described in section 28-23(a)(12);
(4)
A judgment involving a matter described in section 28-23(a)(13);
(5)
The
type of 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 chapter.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
A person
who is denied a permit or whose permit is revoked or suspended by
the city secretary may appeal the decision to the municipal court
by filing notice of appeal with the clerk of the municipal court within
ten days after the notice of the decision is mailed to the address
indicated on the application or the last known address.
(b)
Within
ten days of the receipt of the notice of appeal, the clerk of the
municipal court 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 municipal court on the appeal is final. No other administrative
procedures are provided by the city.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
The
permit shall be worn constantly in a conspicuous place by the permit
holder while conducting peddler, hawker, or solicitor activities in
the city. A person commits an offense if the person engages in peddler,
hawker, or solicitor activities and fails or refuses to show or display
the permit upon the request of any person.
(b)
A permit
shall be used only by the peddler, hawker, solicitor, or canvasser
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 permit
issued to another person.
(c)
A person
who uses a vehicle in conducting peddler or solicitor 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 inches high. A person commits an
offense if the person violates this subsection.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(b)
A person
commits an offense if the person acts as a peddler, hawker, solicitor,
or canvasser at a premises with a posted notice that such activity
is not welcomed or invited. It shall be presumed that there is notice
that peddler, hawker, solicitor or canvasser activity is not welcomed
or invited when there is exhibited in a conspicuous place on or near
the main entrance of the premises, a sign, not less than four inches
by three inches in size, containing the words "NO SOLICITORS," "NO
TRESPASSING," or words of similar meaning in letters not less than
two-thirds of one inch in height.
(c)
A person who is not the owner or tenant of a premises commits an offense if the person removes, defaces or otherwise renders illegible a sign placed by the owner or tenant of the premises pursuant to subsection (b).
(d)
A person
commits an offense if the person acts as a peddler, hawker, solicitor,
or canvasser and remains or lingers on premises after being informed
by the owner or tenant that they are not welcome.
(e)
A person
commits an offense if the person acts as a peddler, hawker, solicitor,
or canvasser in an aggressive or intimidating manner. The term "aggressive
or intimidating manner" means:
(f)
A person
commits an offense if the person acts as a peddler, hawker, solicitor,
or canvasser and distributes, deposits, places, throws, scatters,
or casts a handbill at a residence except by:
(1)
Handing
or transmitting the handbill directly to the owner or occupant then
present in or upon the premises; or
(2)
Without
using adhesive or tape, placing or depositing the handbill in a manner
that secures the handbill and prevents it from being blown away, except
that mailboxes may not be used when the use is prohibited by federal
postal laws or regulations.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
A person
commits an offense if the person acts as a peddler, hawker, or solicitor
using a vehicle and:
(1)
The
peddling, hawking, or solicitation is conducted at a location within
the right-of-way of any street or highway in the city which is designated
as a highway or freeway, major or minor arterial on the city's thoroughfare
plan; or
(2)
The
person stops the vehicle within a roadway to conduct business before
the vehicle has been approached, called, or waived down by a prospective
customer.
(b)
A person
commits an offense if the person acts as a peddler, hawker, or solicitor
using a vehicle upon any street or highway within the city in a manner
that blocks or impedes access to or from any alley, street or driveway,
or impedes the flow of traffic on any public street or highway.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
A municipal court judge, in addition to imposing a fine for
violation of any provision of this chapter, may institute proceedings
to suspend or revoke the permit of a person if the person is required
by law to obtain a permit from the city and the judge finds the person
guilty of violating a city ordinance relating to peddlers, solicitors
or itinerant merchants.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
Any
person violating any of the provisions of this chapter shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined
not more than $500.00 for each offense. Each attempted or completed
act as a peddler, hawker, solicitor, or canvasser shall constitute
a separate and distinct offense.
(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 provided in subsection (a), 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 as a misdemeanor shall not preclude the city from invoking the civil remedies given it by the laws of the state.
(c)
The court trying a civil or criminal cause under subsections (a) or (b) shall have the right and power upon judgment or conviction of any person for violation of any of the provisions of this chapter to decree and to make as a part of the judgment or conviction in such cause the forfeiture of the permit required by this chapter. When a permit is forfeited in this manner, no further permit shall be issued to that person for one year from the date of judgment or conviction.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
(a)
This
chapter does not apply to:
(1)
The
activity of a person with an appointment calling upon or dealing with
manufacturers, wholesalers, distributors, brokers or retailers at
their place of business and in the usual course of business;
(2)
The
activity of a person acting at the request or invitation of the owner
or occupant of a residence;
(3)
Sales
made under the authority of and by judicial order; or
(4)
The
activity of a government employee acting within the course and scope
of their official duties serving, delivering or posting official notices
including notices of code violations, water restrictions, utility
outages, burn bans, special event impacts or security issues.
(Ordinance 2013-015, sec. 2, adopted 2/18/2013)
