(a) License required.
It shall be unlawful for any person
to engage in the occupation of a solicitor or peddler, as defined
in this article, within the city limits, without a license to engage
in such occupation.
(b) Classes of licenses.
The following classes of licenses
may be issued under the provisions of this article:
(1) Solicitor's license.
Shall be issued for the purpose
of conducting the occupation of solicitor as defined in this article.
(2) Peddler's license.
Shall be issued for the purpose of
conducting the occupation of peddler as defined in this article.
(Ordinance adopting 2024 Code)
License fees shall be as prescribed by the attorney general's
office of fees.
(Ordinance adopting 2024 Code)
Each application for a license required in this article shall
be approved by the chief of police before such license is granted.
The chief of police shall have a reasonable time to conduct an investigation
of an applicant for such license, but such an investigation shall
be completed within five (5) business days. After inspection or investigation,
the chief of police shall either approve or disapprove the application
for license.
(Ordinance adopting 2024 Code)
No person engaging in the occupation of a solicitor or peddler
and required to obtain a license under the provisions of this article
shall commence operations and go from place to place, or door to door,
in a residential area without prior invitation or appointment with
the occupant of the premises, except during the hours from 8:00 a.m.
to 6:00 p.m. Monday through Saturday. Violation of this section shall
constitute another cause for revocation of any license in addition
to those enumerated in this article, and in the manner as prescribed
in said section.
(Ordinance adopting 2024 Code)
Any solicitor or peddler who has gained entrance to a residence,
or audience with the occupant, whether invited or not, shall immediately
depart the premises without disturbing the occupant further, when
requested to leave by the occupant.
(Ordinance adopting 2024 Code)
Except for the provisions of this article dealing with minimum
food standards, loud noises and speaking devices, the use of streets,
hours of operation in residential districts, exhibiting cards or signs
prohibiting solicitors, conduct of telephone solicitations, and solicitations
on or at city-owned property, public parks, or swimming pools, the
provisions of this article shall not apply to:
(1) Ordinary
commercial travelers who sell or exhibit for sale goods, wares or
merchandise to persons, firms or corporations engaged in the business
of selling, buying and dealing in goods or merchandise;
(2) Persons
engaged in charitable or religious solicitations as defined in this
article;
(3) Newspaper
delivery persons;
(4) Telephone
solicitations as defined and regulated in this article;
(5) Solicitations
made at the request of a person, solicitations made in connection
with an existing debt or contract, or solicitations from a solicitor
with whom the person has an existing business relationship;
(6) A
person licensed under the Insurance Code, if the solicited transaction
is governed by the Insurance Code;
(7) A
person who periodically delivers catalogs to potential purchasers
if the catalog:
(A) Includes at least 24 pages of written material or illustrations;
and
(B) Is circulated in more than one state;
(8) A
person selling merchandise under an arrangement in which the seller
periodically ships or delivers the merchandise to a consumer who has
consented in advance to receive the merchandise on a periodic basis;
or
(9) A
person who has for at least one year been operating under the same
name as that used in connection with its soliciting operations a retail
establishment where consumer goods are displayed and offered for sale
on a continuing basis and involves the buyers obtaining services or
products at the person's retail establishment.
(Ordinance adopting 2024 Code)