City of Papillion, NE Door-to-Door Sales

§ 146-9 Permit application.

It shall be unlawful for any individual to physically perform door-to-door sales activities, unless and until such individual has applied for and received a door-to-door sales permit under this article. Applicants for a door-to-door sales permit shall file with the City Clerk a complete written sworn application signed by the applicant at least 10 regular business days prior to the date when the intended solicitation is to commence. The application shall list the name of the company or organization the applicant represents, if any.

The applicant must be 14 years of age or older. If the applicant is less than 19 years of age, such applicant shall not be permitted unless the applicant provides the City Clerk with an employment certificate issued by his/her school district authorizing such work, or a copy of a valid government-issued identification card bearing photographic identification of the applicant.

The application and all information submitted to the City Clerk shall remain in the City Clerk's office and shall be available for inspection by the public.

§ 146-10 Permit approval, authority and appeals.

Upon receipt of a completed application, the application shall be reviewed to investigate the applicant's business and moral character for the protection of the public, based on the following criteria but shall not be limited to:

(1)

The applicant shall not have been convicted in the past five years of any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business in a professional, honest, and legal manner. Such violations shall include, but are not limited to, burglary, theft, robbery, larceny, swindling, fraud, deceit, unlawful business practices, and any form of actual or threatened physical harm against another person.

(2)

The applicant shall not have had a revocation of any permit issued listed under this chapter within the past five years.

If, as a result of such investigation, the business and moral character of the applicant are found to be satisfactory, the Chief of Police or his or her designee shall endorse on the application his/her approval and return said application to the City Clerk, who shall notify the applicant that his/her application has been approved. Such permit shall contain the name and address of the applicant, the date of issuance and the length of time the same shall be operative.

If, as a result of such investigation, the business and moral character of the applicant is found to be unsatisfactory, the Chief of Police or his or her designee shall endorse on such application his/her denial and state the reasons for the same and return said application to the City Clerk, who shall notify the applicant by certified mail, return receipt, to the local address listed on the application that his/her application is denied and that no permit will be issued. Any applicant who has been denied a permit under this chapter three times within a calendar year shall not be allowed to apply again for a full calendar year from the date the last denied application was received by the City Clerk.

Any person aggrieved by the denial of an application for a permit shall have the right to appeal to the District Court of the County as provided by state law.

§ 146-11 Rules and regulations.

Any applicant that does not adhere to the rules and regulations set forth below shall be subject to denial of a permit and/or revocation of a permit.

The applicant shall truthfully provide all information requested by the City as part of the application process;

The applicant or their legal guardian if the applicant is a minor shall sign the permit application;

The applicant shall pay all required fees at the time of application;

The hours to operate door-to-door sales shall be from 9:00 a.m. to 7:00 p.m., local time, of any day; provided, however, during federally mandated daylight saving time, the hours to operate shall be extended to 8:00 p.m. any day; and

If the applicant represents a firm, company, partnership or corporation, such applicant shall provide the City with the full name, mailing address of the current designated office of the registered agent who has full power and authority to acknowledge service of notice of process in respect to any matters connected with or arising out of the business transacted under the requested permit. If the said registered agent for the service of process or mailing address changes, the applicant shall provide the City with updated information.

A person engaged in door-to-door sales shall not:

(1)

Make physical contact with the person being solicited or otherwise impose themselves, unless that person's permission is obtained;

(2)

Misrepresent the purpose of the issued door-to-door sales permit;

(3)

Misrepresent his/her affiliation with the firm, company, partnership or corporation for which he/she is engaged in door-to-door sales;

(4)

Continue efforts to solicit from an individual once that individual states that he/she does not wish to give, purchase or order anything from the permittee;

(5)

Ring the bell, or knock on the door, or otherwise attempt to gain admittance for the purpose of soliciting at a residence, town home, duplex, or dwelling unit in a multifamily residential or condominium complex at which a sign bearing the words "No Solicitors," "No Trespassers," or words of similar import indicating that such persons are not wanted on the premises, is painted, affixed or otherwise exposed to public view; provided, however, that this subsection shall not apply to any door-to-door sales permittee who gains admittance to such residence at the invitation or with the consent of the occupant thereof;

(6)

Engage in sales upon any premises or in any residence, townhome, duplex, or dwelling unit in a multifamily residential or condominium complex after having been asked by the owner or occupant thereof to leave the premises or residence; and

(7)

Attempt to solicit at any entrance other than the main entrance of a residence.

§ 146-12 Permit suspension or revocation.

Upon recommendation of the Chief of Police, any permit shall be suspended or revoked by the City Clerk for any of the following reasons:

(1)

Any fraud, misrepresentation or false statement contained in the application for a permit;

(2)

Any fraud, misrepresentation, or false statement made in connection with the selling of goods, wares or merchandise;

(3)

Conviction of the permittee of any felony or misdemeanor involving moral turpitude;

(4)

Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to threaten the health, safety or general welfare of the public; or

(5)

Any violation of this chapter.

Upon the suspension or revocation of a permit, the City Clerk shall provide written notice to the permittee, setting forth the specific reason(s) for the suspension or revocation. Such notice shall be sent by certified mail, return receipt, to the permittee's local address.

If a permit is revoked, the permittee shall not be allowed to apply for a permit for five full calendar years from the date of the revocation for any permits listed under this chapter.