It is unlawful for any solicitor or peddler or canvasser as
defined in this title to engage in such business within the corporate
limits of the city without first obtaining a permit in compliance
with the provisions of this title.
(Prior code § 16-530; Ord. 69-O-101 § 1, 1969)
means any individual, whether resident of the city or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided that such definition shall include any person who, for himself, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop, or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. (Permit fees can be found in Section 5.08.490. Refer to Section 5.08.320 for license fee.)
means and includes any person not having a fixed place of business in this city, who for himself, or as an agent or representative for or of another, goes from house to house, place to place or from street to street offering to sell tangible objects or articles, goods, wares, merchandise, or service, in person, to the individual placing order for the same, at the time such order is placed and paid for. The following are categories of peddlers. The permit fees for the following can be found in Section 5.08.490.
"General peddler" refers to peddling or hawking
any merchandise or food products, including dairy or poultry products,
or other articles except candid camera snaps, jewelry, clothing, and
medicine. (Refer to Section 5.08.320(1) for license fees);
"Candid camera snaps" refers to peddling any kind
of camera snapshots, or pictures, on the sidewalk. (Refer to Section
5.08.320(2) for license fees);
"Flowers" refers to peddling flowers, ferns, plants
or nursery stock. (Refer to Section 5.08.320(3) for license fee);
"Jewelry, clothing, etc." refers to peddling the
sale of jewelry, clothing and all similar goods. (For license fee
refer to Section 5.08.320(4));
"Medicine" refers to a peddler of medicines, who
calls attention to his wares or advertises the same by the use of
music, entertainment, speech, fancy or grotesque dress, or other device,
in or upon any public street, alley, or other public place, doorway,
or any room or building unenclosed or vacant lot, or parcel of land
whether the actual sale of such commodities is made upon said premises
or elsewhere. (Refer to Section 5.08.320(5) for license fee);
"Medicine, other than above" refers to any peddler
who peddles medicine in any manner other than that described above.
(Refer to Section 5.08.320(6) for license fee);
Any person attempting to solicit orders for or peddle any
goods, wares, merchandise or services will be classified as a solicitor
or peddler in the event said person is invited into the city at the
request of the individual being solicited. Such person is required
to apply for and obtain a permit prior to engaging in such business.
Such invitation may be initiated by telephone, mail or any other such
means.
(Prior code § 16-531; Ord. 69-O-101 § 1, 1969; Ord.
69-O-116 § 2, 1969; Ord. 71-O-119, 1971; Ord. 73-O-111 § 5,
1973)
Applicants for a permit under this chapter must file with the
city license and tax collector a sworn application in writing on a
form to be furnished by the city, which shall give the following information
as well as any additional information which may be reasonably required:
(1)
Name
and description of applicant;
(2)
Permanent
home address and full local address of the applicant;
(3)
A
brief description of the nature of the business and the goods to be
sold;
(4)
If
employed, the name and address of the employer, together with credentials
establishing the exact relationship;
(5)
The
length of time for which the right to do business is desired;
(6)
The
place where the goods or property proposed to be sold, or orders taken
for the sale thereof, are manufactured or produced, where such goods
or products are located at the time said application is filed, and
the proposed method of delivery;
(7)
A
photograph of the applicant, taken within sixty days immediately prior
to the date of filing of the application, which picture shall be two
inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner;
(8)
The
fingerprints of the applicant and the names of at least two reliable
property owners of the county who will certify as to the applicant's
good character and business respectability, or, in lieu of the names
and references, such other available evidence as to the good character
and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility; provided,
however, that fingerprints and character references shall not be required
of any applicant who can show that he possesses a valid state business
or professional license which requires such fingerprinting and references;
(9)
A
statement as to whether or not the applicant has been convicted of
any crime, misdemeanor, or violation of any municipal ordinance, the
nature of the offense and the punishment or penalty assessed therefor;
and
(10)
A statement by a reputable physician of the county dated not more
than ten days prior to submission of the application, certifying the
applicant to be free of contagious, infectious, or communicable disease.
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At the time of filing the application, a fee of three dollars
shall be paid to the license and tax collector to cover the cost of
processing the application and issuance of the solicitors permit.
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(Prior code § 16-532; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971; amended during 7/99 supplement)
In all applications where the fingerprints of the applicant are required under Section 6.72.030(8), the following procedure is required:
(1)
Upon
receipt of such permit application, the city license and tax collector
shall cause such investigation of the applicant's business and
moral character as he deems necessary for the protection of the public
good;
(2)
If
as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the city
license and tax collector shall endorse on such application his disapproval
and his reasons for the same and shall notify the applicant that his
application is disapproved and that no permit will be issued;
(3)
If
as a result of such investigation, the character and business responsibility
of the applicant are found to be satisfactory, the city license and
tax collector shall endorse on the application his approval, execute
a permit addressed to the applicant for the carrying on of the business
applied for, and shall notify the applicant that his application is
approved;
(4)
Applications not requiring fingerprinting under Section 6.72.030(8), shall be approved and a permit executed by the city license and tax collector;
(5)
The
permit, when issued, shall contain the signature and seal of the issuing
officer and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the length of time
the same shall be operative, as well as the permit number and other
identifying description of any vehicle used in such soliciting, canvassing
or peddling.
(Prior code § 16-533; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
(a)
Every
applicant for a solicitor's license shall file with the license
and tax collector a surety bond, running to the city, in the amount
of one thousand dollars, or, in the case of applicants working for
a common firm, said firm may file with the license and tax collector
a surety bond running to the city, in the amount of two thousand dollars
covering all applicants working for it; the surety bond shall be acceptable
to and approved by the city attorney, conditioned that each applicant
shall comply fully with the provisions of the code of the city and
the statutes of the state regulating and concerning the business of
solicitor and guaranteeing to any citizen of the city that all money
paid as a down payment will be accounted for and applied according
to the representations of the solicitor and further guaranteeing to
any citizen of the city doing business with said solicitor, that the
property purchased will be delivered according to the representations
of said solicitor. Action on such bond may be brought in the name
of the city to the use or benefit of the aggrieved person.
(b)
No
surety bond shall be required of any applicant required by the state
regulations to have such a bond.
(Prior code § 16-534; Ord. 69-O-101 § 1, 1969)
The city license and tax collector shall issue to each permittee
at the time of delivery of his permit an identification card which
shall contain the word "Permit" in letters and figures
easily discernable from a distance of ten feet. Such identification
card, shall, during the time such licensee is engaged in soliciting,
be worn constantly by the licensee on the front of his outer garment
in such a way as to be conspicuous.
(Prior code § 16-535; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Solicitors, peddlers and canvassers are required to exhibit
their licenses at the request of any citizen.
(Prior code § 16-536; Ord. 69-O-101 § 1, 1969)
It shall be the duty of any police officer of the city to require
any person seen soliciting, canvassing or peddling, and who is not
known by such officer to be duly licensed to produce his solicitor's
or peddler's license and permit and to enforce the provisions
of this chapter against any person found to be violating the same.
(Prior code § 16-537; Ord. 69-O-101 § 1, 1969)
The city license and tax collector shall maintain a record for
each permit issued and record the reports of violations therein.
(Prior code § 16-538; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Permits issued under the provisions of this chapter may be revoked
by the city license and tax collector after notification for any of
the following causes:
(1)
Fraud,
misrepresentation, or false statement contained in the application
for permit;
(2)
Fraud,
misrepresentation, or false statement made in the course of carrying
on his business as a solicitor, canvasser or peddler;
(3)
Any
violation of this title;
(4)
Conviction
of any crime or misdemeanor involving moral turpitude; or
(5)
Conducting
the business of soliciting, canvassing, or peddling in an unlawful
manner or in such a manner as to constitute a breach of peace or to
constitute a menace to the health, safety, or general welfare of the
public.
(Prior code § 16-539; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Any person aggrieved by the action of the city license and tax collector in the denial of a permit or in revoking any permit may appeal to the city council in the manner prescribed in Section 5.08.080.
(Prior code § 16-540; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
All annual permits issued under the provisions of this chapter
shall expire on the thirtieth (30th) of June following issuance. Other
than annual permits shall expire on the date specified in the permit.
(Prior code § 16-541; Ord. 69-O-101 § 1, 1969)
Notwithstanding any of the provisions of this code, the following
limitations shall apply to soliciting and peddling for any purpose:
(1)
No
peddler or solicitor selling or pretending to sell goods, wares or
merchandise of any kind or character, or for any article, material
or substance, or taking orders for, or soliciting orders for any article,
material or substance, shall ring the bell, or knock on the door of
any residence, dwelling, flat or apartment where a sign bearing the
words, "No Peddlers" or "No Solicitors" or
"No Peddlers or Solicitors" is painted or affixed or exposed
to public view.
This section shall not apply to any peddler or solicitor who
knocks at any door, or rings any bell at the invitation or with the
consent of some member of the household at which he so applies for
admission;
(2)
No
person engaged in business in the city where goods, wares or merchandise
is sold or services are rendered or offered for rendition, shall use
any portion of the sidewalk or street in front of such place, or adjacent
thereto, for the purpose of soliciting, requesting or enticing any
other person to enter said place of business to examine, purchase
or bargain for any goods, wares, merchandise or services or to give
any order therefor;
(3)
No
person, firm or corporation shall use or cause to be used a telephone
in furtherance of any solicitation; except that a bona fide member
of the organization in whose name a permit for charitable solicitations
has been issued may make charitable solicitations by telephone provided
that such person receives no compensation for such solicitation;
(4)
No
permit shall be issued for the peddling or renting of any type of
goods, wares, merchandise or foodstuffs upon city parks, and any person
guilty of peddling or renting any goods, wares, merchandise, or foodstuffs
upon city parks or playgrounds, without prior approval of the city
council, is guilty of a misdemeanor.
(Prior code § 16-542; Ord. 69-O-101 § 1, 1969; Ord.
74-O-115, 1974)
Nothing herein shall be construed as requiring any person maintaining a regular place of business within the city and who holds a valid license under Sections 6.12.535, 6.16.010 and 6.16.020, to pay an additional fee for soliciting when such solicitation is incidental to said business. Such person must apply for and receive an exempt license and permit prior to such solicitation.
(Prior code § 16-543; Ord. 69-O-101 § 1, 1969)
