For the purposes of this chapter, certain words and phrases
used herein are defined as follows:
shall mean any person or other entity, whether business,
charitable, or religious, who travels uninvited to any residence,
place of business, or other establishment, or from house to house,
place to place, or street to street, for the purpose of canvassing,
soliciting, or engaging in business.
shall mean persons of whatever gender between the ages of
12 years and 18 years who are employed by, or are agents for, regularly
published newspapers but shall not include magazine salesmen.
(§ II, Ord. 1797, eff. June 28, 1963)
It is unlawful for any canvasser, solicitor, itinerant merchant,
salesman, or peddler, whether business, charitable, or religious,
to go from house to house, place to place, or street to street for
the purpose of canvassing, soliciting, or engaging in the business
of selling, contracting, soliciting, soliciting to sell, taking orders,
or offering to sell or take orders for goods, wares, merchandise,
products, commodities, or articles of value, or for services to be
performed or furnished, or to make demonstrations in the furtherance
of such purposes or for the solicitation of funds, whether for profit
or not, within the City without first registering with, receiving
an identification card from, and paying the cost thereof to the Chief
of Police in the manner provided in this chapter and obtaining a license,
if applicable, from the License Clerk and Collector. No person required
to register shall canvass, solicit, sell, contract, take orders, give
services, perform demonstrations, or do any act for which registration
may be required other than between the hours of 9:00 a.m. and 7:00
p.m. except with the express permission of the Council.
(§ I, Ord. 1797, eff. June 28, 1963)
Applicants for a registration card shall file with the Police
Chief an affidavit (in duplicate) on a form designated by the Chief
of Police, together with such documents and photographs as he may
require, including the following:
(a)
Two
photographs furnished by the applicant of the applicant who will make
the actual contacts incidental to the activity of canvassing, soliciting,
selling, or peddling, taken within 60 days immediately prior to the
date of the filing of the application, and such pictures shall be
two (2″) inches by two (2″) inches or such other size
as the Chief of Police may designate;
(b)
Full
information concerning the identification of the applicant and all
persons to be directly or indirectly interested in the permit if granted;
(c)
The
resident address and business address and telephone numbers of the
applicant;
(d)
The
exact nature of the proposed business;
(e)
If
an employee or agent, a full identification of the employer or principal;
(f)
The
location or places of transacting business and residences for the
past two years;
(g)
Prior
convictions of a crime, misdemeanor, or violation of any ordinance,
the nature, place, and date of such offense, and the disposition of
same;
(h)
A
statement as to whether any city or licensing authority has ever refused
to issue or to renew, or has revoked, a license for the conduct of
the business for which the registration is sought, together with an
accurate statement from the city involved and the reasons thereof;
and
(i)
A
receipt from the License Clerk and Collector showing payment of the
fee for the cost of processing this, such fee to be established by
the Chief of Police with the approval of the Council.
(§ IV, Ord. 1797, eff. June 28, 1963)
(a)
Investigation.
The application in duplicate shall be filed with the Chief of Police
who shall cause an investigation to be made within a reasonable time.
The general standards set forth in this section relative to the qualifications
of every applicant for such a permit shall be considered and applied
by the Chief of Police before he shall grant or deny the application.
The applicant shall be of good moral character, and in this connection
the Chief of Police shall ascertain and consider:
(1)
Through the use of fingerprints or other methods of investigation
all penal convictions, the reasons therefor, and the demeanor of the
applicant subsequent thereto;
(2)
The license history of the applicant, whether such person is previously
operating in this or another county in the State under a license,
has had such license revoked or suspended, the reasons thereto, and
the demeanor of the applicant subsequent thereto;
(3)
Whether the applicant has made a truthful and full disclosure of
all the matters required to be set forth in the application;
(4)
Whether the applicant has been in default in the payment of license
fees to any governmental agency;
(5)
Such other facts relevant to the general personal history of the
applicant as the Chief of Police shall find necessary to a fair determination
of the eligibility of the applicant; and
(6)
Whether the granting of the permit will or will not be detrimental
to the safety, public morals, or general welfare of the City.
(b)
Findings.
The findings of the Chief of Police after such investigation shall
be endorsed on each of the applications and indicated by the words
"Granted" or "Denied", and one of the applications shall be filed
with the License Clerk and Collector. If the application is denied
the Chief of Police shall give notice of such action to the applicant
and the reason therefor.
(§ V, Ord. 1797, eff. June 28, 1963)
(a)
Issuance.
If the application is granted and filed with the License Clerk and
Collector and the registration fee paid, if any, the License Clerk
and Collector shall issue to the applicant a registration for identification
which shall contain the name and address, photograph and description
of the applicant, the kind of business registered, the date of issue
and length of time the same shall operate, and other pertinent identifying
description. The words "Not a Recommendation" shall appear on the
face of such identification card.
(b)
Exhibition.
Such identification card shall be carried constantly by the permittee
on his person and shall be displayed upon request during such time
as the permittee is engaged in the actual activity of canvassing,
soliciting, selling, or peddling.
(c)
Period
of registration. The registration or identification card shall be
in effect during the time the business registration is maintained,
except where no business registration is maintained, the registration
or identification card shall be in effect for no more than six months
from the date of issuance.
(§ IX, Ord. 1797, eff. June 28, 1963)
Every registration issued pursuant to the provisions of this
chapter shall be subject to the right, which is hereby expressly reserved
and consented to by the applicant, to revoke the same for any of the
following causes, and any such registration card may be summarily
revoked by the Chief of Police or the Council for any of the following
causes:
(a)
Any
fraud, misrepresentation, or false statement contained in the application;
(b)
Any
violation of this chapter or any law of the City or any other laws
relating to the subject matter;
(c)
Conviction
of the registrant of any felony or of a misdemeanor involving moral
turpitude;
(d)
Refusal
or failure to make available to the Chief of Police or License Clerk
and Collector upon demand any records which are deemed necessary for
the enforcement of the provisions of this chapter;
(e)
Any
conduct on the part of the registrant which is carried on in an unlawful
manner or in such a manner as is inimical to the health, safety, or
general welfare of the public;
(f)
Upon
ascertaining that the applicant is not an individual of good moral
character; or
(g)
If
there is any other good and sufficient reason therefor.
(§ VII, Ord. 1797, eff. June 28, 1963)
Any applicant may appeal the action of the Chief of Police in
refusing to issue any registration card or in summarily revoking any
registration card already issued and shall have the right of appeal
to the Council. Such an appeal shall be taken by filing with the City
Clerk, within 10 days after notice of such action, a verified written
statement setting forth fully the grounds of appeal and accompanied
by a filing fee in the sum of Twenty-Five and no/100ths ($25.00) Dollars,
payable to the City; otherwise the action of the Chief of Police shall
be final.
Any applicant or registrant may appeal the action of the Council
in revoking any registration already issued and shall have the right
to request a review and reconsideration of such action upon filing
with the City Clerk, within 10 days after notice of such action a
verified written statement setting forth fully the reasons why the
decision of the Council shall be reconsidered and reversed, which
statement shall be accompanied by a filing fee in the sum of Twenty-Five
and no/100ths ($25.00) Dollars, payable to the City; otherwise the
action of the Council shall be final.
The Council shall set a time and place for the hearing, and
notice of such hearing on appeal or review shall be given at least
five days prior to the date of the hearing. At such hearing the applicant
or licensee, and/or his representative, may present and submit evidence.
The decision and order of the Council at or after such hearing shall
be final and conclusive. The hearing shall be held within 30 days
of the filing of the appeal.
(§ VIII, Ord. 1797, eff. June 28, 1963)
The registration provisions of this chapter shall not apply
to:
(a)
Any
person lawfully entering in or upon property and obtaining legal satisfaction
for obligations incurred or alleged to be incurred by the occupant
or occupants thereof;
(b)
Commercial
agents or salesmen for wholesale business firms selling goods, wares,
merchandise, or services or soliciting orders from retail or wholesale
business firms, dealers, or manufacturers;
(c)
Newsboys;
(d)
Persons
or entities invited by the occupant or who are delivering or collecting
for pre-ordered goods, wares, merchandise, or services; or
(e)
Persons
working specifically on political campaigns.
(§ III, Ord. 1797, eff. June 28, 1963)
Every person whose activities require registration pursuant
to the provisions of this chapter and who is exempt from payment of
any registration shall nevertheless be required to register and pay
the costs of processing his application.
(§ VI, Ord. 1797, eff. June 28, 1963)
Any person violating any of the provisions of this chapter,
in addition to the revocation of his registration, shall be guilty
of a misdemeanor.
(§ XI, Ord. 1797, eff. June 28, 1963)
