[Ord. No. 291, 11-4-1958; Ord. No. 2040-26, 6-2-2026]
The City Clerk shall be designated as the License Inspector. The duties of the License Inspector may be delegated to a duly authorized representative of the City Clerk's office.
[Ord. No. 291, 11-4-1958; Ord. No. 2040-26, 6-2-2026]
(a)
It shall be the duty of the License Inspector to see that no person escapes the payment of requisite license, privilege, occupation, or similar taxes or pays a smaller amount than required by law, or does business in a different manner than authorized by the license, or does business under an unlawfully transferred license or under an assumed name. The License Inspector shall see that no frauds are perpetrated upon the City by applicants for or holders of licenses.
(b)
The License Inspector shall do and perform all other duties as delegated.
[Ord. No. 291, 11-4-1958]
The License Inspector shall have the right of inspection and examination of all businesses and licenses issued thereon and of all records of the business pertinent thereto, and when the license is graduated according to amount of merchandise, capital stock, gross sales, or volume of business, etc., he or she shall see that no material underevaluations or understatements occur.
[Ord. No. 168, 5-10-1938; Ord. No. 1268, 3-18-1985; Ord. No. 1868-23, 9-18-2023; Ord. No. 2040-26, 6-2-2026]
(a)
Purpose and scope.
(1)
Purpose. The City Council finds that its citizens have the right to be secure from unwanted intrusion into their privacy and from criminal or fraudulent conduct or activity. The City Council further finds that solicitation at a residence directly implicates the security of citizens of this City and City officials have received and are aware of citizen complaints about certain practices or conduct associated with solicitation in this City including fraud. The City Council is also aware of criminal activity occurring in this City as well as other cities as a result of solicitors gaining access to residences under the guise of soliciting. The City Council recognizes that there are constitutional guarantees associated with the practice of soliciting which are to be respected and safeguarded. Therefore, the purpose of this section is to adopt police power regulations which are designed to protect the security of citizens in their lives, their homes, and their property, and which do not offend constitutional guarantees.
(2)
Scope. This section shall have full force and effect throughout the corporate limits of the City and is intended to regulate all forms of solicitation that physically occur at a residence, whether commonly known as soliciting, peddling, hawking, canvassing, or other similar terms.
(b) CHARITABLE ORGANIZATION REGISTRANT or REGISTERED SOLICITOR RESIDENCE SOLICITING(1) (2) (3) (4) (5) SOLICITOR
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Means any enterprise entered into with the primary purpose to pursue social, charitable or other benevolent activities, and that is classified as a tax-exempt organization under applicable provisions of the United States Internal Revenue Code or the regulations thereunder.
Means any person who is subject to this section and who has obtained a valid certificate of registration from the City.
Means any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the definition of "dwelling unit" in the City Zoning Ordinance.
Means any of the following activities:
Seeking to obtain orders for the sale or exchange of goods, wares, merchandise or perishables of any kind, for any kind of remuneration or consideration, regardless of whether advance payment is sought.
Seeking to obtain prospective customers to apply for or to purchase insurance, publications or subscriptions to publications.
Seeking to obtain contributions of anything of value for the benefit of any individual, association, organization, corporation or program.
Seeking to obtain orders or prospective customers for goods or services.
Requesting money or contributions of other goods or services for any charity, nonprofit organization, for-profit organization, or any other type or form of entity.
Means a person engaged in the activities defined by this section as soliciting.
(c)
Registration required. All persons with a valid City of Albertville business license desiring to engage in soliciting at the residences in the City of Albertville shall first apply to the City Clerk, at a cost of $10 plus $0.50 cents per copy requested, for a certificate of registration. The certificate, by the City Clerk or his/her designee, shall be maintained by the City Clerk, and a legible copy shall be carried by the registrant at all times while soliciting. Upon request for inspection by the occupant of a residence or by an enforcement official of the City of Albertville while the registered solicitor is transacting his/her business or seeking to transact his/her business at any residence, the registrant shall show his/her registration certificate.
(d)
Application for certificate.
(1)
The City shall provide a standard form for use for registration of solicitors. The applicant for the certificate shall state in writing upon his/her oath or affirmation that the information is truthfully provided to the best of his/her knowledge and belief. The applicant shall supply with or upon the registration form the following information:
a.
Applicant's true, correct and legal name, including the name of any business or organization for which the applicant will be soliciting.
b.
If the soliciting is to be done for a business, the taxpayer control number showing proof of the purchase of a valid City of Albertville business license.
c.
Address of applicant's home and applicant's headquarters or place of corporate contact.
d.
The purpose for which soliciting will be done.
e.
A brief description of the method of presentation that will be made.
f.
The dates for which soliciting is planned.
g.
Whether a permit, license, or certificate of registration in connection with soliciting has ever been revoked, explaining the circumstances.
h.
Names and addresses of applicant's officers and managers, if any.
(2)
When applying for a certificate of registration, the applicant shall, at the applicant's expense, obtain a comprehensive criminal background check from the Alabama Law Enforcement Agency. The report shall include a list of all misdemeanors and felonies for which the applicant has been convicted, the names and locations of the courts in which, and the date on which, such convictions were issued and the penalties.
(3)
Before a certificate of registration is issued, the applicant shall pay to the City the sum of $50 as a permit fee and the sum of $0.50 for each facsimile copy of the certificate that is desired.
(4)
Any material omission or untrue or misleading information contained in or left out of an application for a certificate of registration under this section shall be cause for denial thereof, and if a certificate has been issued under these circumstances, such shall be cause for the revocation of the certificate.
(e)
Nonendorsement. In addition, the applicant shall certify on the application form that if his or her registration is granted, he or she will not state, imply or represent to any person that the issuance of the certificate is an endorsement by the City of Albertville of the product, service or solicitor.
(f)
Proof of identification required. No certificate of registration shall be issued except upon proof of identification by the applicant. An applicant's true identity shall be verified by the City by use of any of the following, which bear a photograph of the applicant:
(g)
Registration complete with issuance. Registration shall be complete when the City Clerk issues the certificate of registration, which shall not be unreasonably withheld or delayed.
(h)
Maintenance of registry. The City Clerk shall maintain in his/her office, available for public inspection, during normal business hours, a record of every application received and acted upon, together with any information pertaining thereto, all certificates of registration issued, and all denials of applications. Each application shall be numbered in consecutive order as filed, and each certificate issued shall be assigned a number exclusive to the registrant. Every certificate renewed shall be identified with the duplicate number of the application upon which it was initially issued.
(i)
Renewal. Certificates shall be valid for the calendar year in which they were issued and shall expire at 12:00 midnight on December 31 of such year. Any certificate in good standing may be renewed upon request of the registrant and upon payment of $50. The applicant shall be required to fill out a renewal application providing the information required in the initial registration.
(j)
Nontransferability. Certificates of registration shall be issued only in the name of the applicant and the firms, corporations, or associations on whose behalf he/she is authorized to solicit. Certificates shall be nontransferable from individual to individual, from individual to firm, from firm to firm, and from firm to individual. It shall be a violation for a solicitor whose certificate authorizes soliciting on behalf of a firm named in the certificate to solicit on behalf of any other firm, organization, or association, or for any purpose other than that specified on the application.
(k)
Deceptive soliciting practices prohibited.
(1)
No solicitor or canvasser shall intentionally make any materially false or fraudulent statement in the course of soliciting.
(2)
No solicitor shall use a fictitious name, an alias, or any name other than his/her true, correct and legal name.
(3)
No solicitor shall represent, directly or by implication, that the City of Albertville or any other governmental entity endorses the solicitation, or that the granting of a certificate of registration implies any endorsement of the individual solicitor, the solicitor's product or service.
(l)
Revocation of certificate. Any certificate of registration issued hereunder shall be revoked by the City Clerk if the registrant is convicted of a violation of this section or otherwise becomes disqualified for the issuance of a certificate of registration. Notice of revocation shall be immediately given to the registrant by personal service or by certified mail to the address listed on the application. Upon the giving of such notice, the certificate of registration shall become null and void and shall remain so unless the revocation is ordered rescinded.
(m)
Appeal of denial or revocation. An applicant whose registration was denied or registrant whose certificate was revoked shall have the right to appeal to the Mayor. Any appeal must be demanded in writing sent by certified mail to the Mayor within seven calendar days of the decision that is being appealed. It shall describe in detail sufficient to provide the Mayor with notice of the action complained of and the grounds of appeal. The right of appeal to the Mayor is not in derogation of any other rights in law or equity the applicant might have.
(n)
Residential "No Soliciting" notices.
(1)
Any occupant of a residence desiring to secure protection of this section shall give notice of the desire to refuse solicitors by displaying a clearly visible weatherproof placard no smaller than 16 square inches nor larger than 25 square inches stating "No Soliciting" which shall be posted on or near the main entrance door.
(2)
The display of the placard shall be deemed to constitute notice to any solicitor that the inhabitant of the residence does not desire to invite solicitors.
(o)
Duties of solicitors.
(1)
Every solicitor shall, upon entering premises on which a residence is located, examine the main entrance to the premises for any "No Soliciting" placard, and if one is posted, desist in any efforts to solicit or to leave any literature concerning the solicitation at that residence. Possession of a certificate of registration does not relieve any solicitor of this duty.
(2)
It is a violation of this section for any person to knock on the door of a residence whereon a placard bearing the words "No Soliciting" is posted for public view indicating that solicitors are not wanted at such residence with the purpose of circumventing Subsection (o)(1) of this section through ruse, deception or concealment of a purpose to solicit or to take action calculated to secure an audience with the occupant of a residence that has a posted "No Soliciting" notice. Possession of a certificate of registration does not relieve any solicitor of this duty.
(3)
Any solicitor who is asked to leave any residence by the occupant shall immediately and peacefully depart. Possession of a certificate of registration does not relieve any solicitor of this duty.
(p)
Time of day restrictions on soliciting. It is a violation for any person, whether registered or not, to solicit any person at his/her residence before 9:00 a.m. or after 5:00 p.m. Central Time, or Sunday or any federal holiday, unless the solicitor has express permission from the resident to do so.
(q)
Exemptions from registration. The registration provisions of this section do not apply to the following:
(1)
Persons making solicitations solely for a church, religious organization or charitable organization, including any unincorporated association or corporation under the supervision and control of any church, charitable organization or religious organization, if the church or organization is tax exempt under the provisions of the United States Internal Revenue Code; provided, however, that any person who seeks to solicit a charitable contribution shall first file with the Revenue Officer a notice describing the charitable purpose, signed by at least two officers of the charitable organization.
(2)
Students soliciting contributions to finance extracurricular academic, social, athletic, artistic, scientific or cultural programs, provided that the solicitation and its purpose have been approved by the principal, president or chief administrator of the school that the students attend.
(3)
Persons canvassing for the purpose of distributing political literature or materials on behalf of a political party, candidate or public issue, or introducing themselves as supporters of a candidate, political party, cause or issue.
(4)
Nonprofit and civic organizations not listed in Subsection (q)(1), (2), and (3) above may apply to the City Council of the City of Albertville for exempt status.
(r)
Penalties. Any person violating any provision of this section shall be punished as provided in § 1-8 of this Code.
(s)
Prohibited acts. No person shall engage in soliciting without a valid certificate.
[Ord. No. 168, 5-10-1938; Ord. No. 1868-23, 9-18-2023]
[Ord. No. 361-99, 3-1-1999]
The City Council does hereby adopt in whole the Alabama Taxpayers' Bill of Rights and Uniform Revenue Procedures Act, as enacted by the state legislature, except where inapplicable.[1]
Pursuant to § 11-51-204, Code of Alabama, the City Council adopts in whole the rules and regulations as promulgated by the State Department of Revenue.
[1]
Editor's Note: See Alabama Code 1975 § 40-2A-1 et seq.
[Ord. No. 593-05, 9-15-2003; Ord. No. 2040-26, 6-2-2026]
(a)
It shall be unlawful for any new or used motor vehicle dealer as defined by § 40-12-390, Code of Alabama, 1975, as last amended, to sell or offer for sale any new or used motor vehicle from any location within the City limits that is not a permanent location.
(b)
A permanent location is defined as being the primary place of business of the new or used motor vehicle dealer located with the City limits and which operates a business for the sale of motor vehicles on a continuing basis for a minimum of six months per year.
(a)
Mobile food vending units are defined as food establishments that are located upon a vehicle or which are pulled by a vehicle, where food or beverage is cooked, prepared and served for individual portion service, and not in reference to canteen, coffee, snow cone or ice cream trucks that move from place to place and are stationary in the same location for no more than an hour at a time, or food vending push carts and stands, within the zones of Downtown Entertainment District, General Business B-1, B-2, B-3 and B-4, and M-1 and M-2. Within the City of Albertville they shall conform to the following regulations:
(1)
Mobile food vending units are permitted to operate between the hours of 6:00 a.m. and 12:00 a.m. Sunday through Wednesday and 6:00 a.m. and 2:00 a.m. Thursday through Sunday in the Downtown Entertainment District and in B-1, B-2, B-3, B-4, M-1 and M-2 Zones.
(2)
Mobile food vending is not permitted for operation in any residential zone in the City of Albertville.
(3)
Mobile food operations will be regulated by the Marshall County Health Department.
(4)
To operate outside of City of Albertville permitted special events, mobile food vending units must maintain and display a valid City of Albertville business license, as well as maintain and display a valid permit or authorization issued by the Marshall County Health Department.
(5)
The business license application must be accompanied by a food permit or authorization issued by the Marshall County Health Department and a fire safety inspection by the Albertville Fire Marshal. Once the health permit is obtained, inspections can be scheduled by calling the Albertville Fire Department.
(6)
For any location where the mobile food vending unit is proposed to stay for two or more hours, vendors shall provide toilet facilities for persons operating the unit, including employees, in accordance with the requirements of the Marshall County Health Department.
(7)
Mobile food vending units must be removed from the premises each afternoon/night, in accordance with the permitted hours of operation in each zoning district.
(8)
Mobile food vending units are not permitted to operate in loading zones, public rights-of-way, on major arterials, or front lawns of businesses, or obstruct or impede the flow of traffic for neighboring businesses, and must be a minimum of 10 feet away from any structure.
(9)
Mobile food vending units located in applicable districts shall have a minimum buffer of 50 feet as measured from the primary entrance of existing restaurants, cafes, and other food-related establishments.
(10)
All mobile food vending units must meet the zoning district setbacks in the district.
(11)
All signage must be attached to the mobile food unit.
(12)
Mobile food vending units must provide sufficient artificial light during non-daylight hours.
(13)
Mobile food vending units shall not be allowed to occupy an area that would be greater than two parking spaces.
(14)
In the Downtown Entertainment District, designated food truck pads will be available for assignment on an invitation only basis, from the specific downtown merchants who wish to have food trucks at their establishment at any given time, and in accordance with the above-regulated hours of operation and setbacks, with written consent from these merchants. This is not applicable in the case of permitted City of Albertville special events.
(15)
No outdoor loudspeaker, public address system, music, or other form of entertainment shall be audible from mobile food vending units.
(16)
Any on-site preparation of food must be performed inside the primary vending unit only.
(17)
No drink machines shall be located in or around the unit.
(18)
Tents and umbrellas shall be weighted and firmly secured.
(19)
Table or other eating areas shall not be left overnight unless approved by the property owner.
(20)
The area around the unit shall be kept clean and free from litter, garbage and debris. A trash receptacle must be provided by the mobile food vendor for use by customers. This receptacle must be taken to the designated commissary for disposal.
(21)
Waste materials and refuse must be self-contained and must be taken to the designated commissary for disposal.
(22)
The City of Albertville may issue a special event permit to allow for the operation of mobile food vending units outside of the normal parameters set forth in this section.
(23)
Applications will be accepted by the City department, entity or person hosting the event and permits will be issued on a first come, first serve basis until the maximum number of mobile food units is reached for each respective event.
(24)
The number of mobile food units allowed at each special event will be determined by the City department or designated entity or person hosting the event.
[1]
Editor's Note: Ordinance No. 1963-25 also repealed Ord. No. 1808-22, adopted 4-4-2022.