"Peddler/solicitor"
is defined as follows:
1. 
All persons, both principals and agents, as well as employers and employees, who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any personal property or services in the City of Tukwila by going from house to house, from place to place, or by indiscriminately approaching individuals from a location on any street, alley, sidewalk or other public thoroughfare.
2. 
Any person, both principals and agents, as well as employers and employees, who, while selling or offering for sale, any goods, wares, merchandise or anything of value, stands in a doorway or any unenclosed vacant lot, parcel of land, or in any other place not used by such person as a permanent place of business.
(Ord. 1887 § 2, 1999)
A. 
No person, corporation, partnership or other organization shall engage in the business of a peddler within the corporate limits of the City of Tukwila without first obtaining a license to do so. If an individual is acting as an agent for or employed by an individual, corporation, partnership or other organization, both the individual and the employer or principal for whom the individual is peddling must obtain a license to conduct business.
B. 
The following persons are exempt from the license requirements and fee provisions of this chapter upon establishing proof of exempt status:
1. 
Farmers, gardeners or other persons who deliver or peddle any agricultural, horticultural, or farm products which they have actually grown, harvested or produced, provided that this exemption does not apply to the sale of firewood;
2. 
Any person selling or delivering door-to-door or on an established route, milk or milk products, bakery goods, or laundry and dry cleaning services;
3. 
Newspaper carriers who deliver door-to-door on an established route(s);
4. 
Any person who is specifically requested to call upon others for the purpose of displaying goods, literature or giving information about any article, service or product;
5. 
Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. 501(c)(3) or other similar civic, charitable or nonprofit organizations; and
6. 
Bona fide candidates, campaign workers and political committees campaigning on behalf of candidates or on ballot issues and persons soliciting signatures of registered voters on petitions to be submitted to any governmental agency.
(Ord. 1887 § 3, 1999)
A. 
Applicants for a license under this chapter must be at least 18 years of age and must file with the Finance Director an application in writing on a form to be furnished by the City. The license issued pursuant to this chapter shall be renewed annually. At the time of initial application or renewal, the applicant shall present picture identification which shall include:
1. 
A motor vehicle operator’s license, issued by the State of Washington, bearing the applicant’s photograph, date of birth, and signature; or
2. 
A Washington State-issued identification card bearing the applicant’s photograph, date of birth, and signature; or
3. 
A valid US Passport.
B. 
All applicants shall provide the following information on the application:
1. 
Name, description of applicant, and date of birth.
2. 
Permanent home address and local address of applicant.
3. 
Telephone number.
4. 
A brief description of the nature of the business and the goods or services to be sold.
5. 
If employed by another, the address and name of the employer and a statement of the exact relationship between the applicant and the employer.
6. 
If a vehicle is to be used, a description of the same, including the license number.
7. 
A statement as to whether or not the applicant has been convicted of any crime within the last ten years, including misdemeanors, gross misdemeanors, or violations of any municipal ordinance; the nature of the offense; and the punishment or penalty assessed therefore.
8. 
A statement that a license, if granted, will not be used or represented as an endorsement by the City for solicitations thereunder.
9. 
For all sales occurring on a parcel of private property, the following must accompany the application:
a. 
The name and signature of the property owner authorizing the use of the parcel.
b. 
Other such information as may be required by the City.
C. 
Any individual, corporation, partnership or other organization which acts as the principal or employer for individual peddlers shall obtain a license as provided herein and shall provide the following information on the application in addition to any information required as set forth above:
1. 
The applicant’s name, address and telephone number and the names and addresses of all individuals who are employed by or acting as an agent for the applicant.
2. 
If a corporation, the names, addresses and telephone numbers of the corporation’s board of directors, principal officers and registered agent.
3. 
If a partnership, the names, addresses and telephone numbers of the partners.
4. 
A list of any criminal convictions during the past ten years for the applicant, any owners of the business, and if a corporation, the board of directors and officers.
5. 
Name, address and telephone numbers (business and home) of the individual, if applicable, acting as the manager for the applicants.
6. 
A list of all other cities, towns and counties where the applicant has obtained a peddler’s permit or similar permit within the past five years.
7. 
Other information as may be required by the City.
D. 
At the time of filing, each applicant will have their photo taken by City staff. Such photo will show the applicant’s head and shoulders in a clear and distinguishing manner and will be used for issuance of picture identification as referenced in TMC Section 5.12.050.
E. 
At the time of filing, each applicant shall pay a non-refundable fee in an amount in accordance with the fee schedule adopted by resolution of the City Council to cover the City’s cost of investigation and the issuance of a permit, including each peddler, principals and/or employer.
(Ord. 1887 § 4, 1999; Ord. 2496 § 14, 2016)
A. 
The Finance Director shall refer the application to the Police Department, which shall determine the accuracy of the information contained in the application and conduct a criminal history background investigation of the applicant. The applicant’s information shall be submitted to the Washington State Patrol Identification and Criminal History Section (WASIS). Any Washington State criminal history conviction records on the applicant shall be provided to and reviewed by the City of Tukwila Police Department. The applicant shall submit an additional fee for the WATCH (Washington Access to Criminal History) background check in accordance with the fee schedule to be adopted by resolution of the City Council. Upon completion of the investigation, the Police Department shall forward a recommendation for approval or denial to the Finance Director.
B. 
If, as a result of the investigation, the character and business responsibility of the applicant is found to be satisfactory, the Finance Director shall issue the license to the applicant. The Finance Director shall deny the applicant the license if the applicant has:
1. 
Committed any act consisting of fraud or misrepresentation;
2. 
Committed any act which, if committed by a license holder, would be grounds for suspension or revocation of a license;
3. 
Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;
4. 
Been refused a license under the provisions of the chapter; providing, however, that any applicant denied a permit under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or
5. 
Made any false or misleading statement in the application.
C. 
The denial of a license to an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers, shall be a sufficient basis to deny a license to the individual applicants who are employed by or acting as an agent for the applicant.
D. 
The notice of non-issuance of a peddler’s license shall be sent to the applicant or license holder by registered mail at the address provided on the license application. Notice shall be deemed received by the applicant 3 business days after mailing.
(Ord. 1887 § 5, 1999; Ord. 2355 § 12, 2011; Ord. 2496 § 15, 2016; Ord. 2496 § 16, 2016)
All licenses issued pursuant to this chapter are nontransferable and valid for the calendar year in which issued unless otherwise revoked or suspended. License fees shall not be prorated for any portion of the year.
(Ord. 1887 § 7, 1999)
A. 
The Finance Director may revoke any license under this chapter after notice and hearing where one or more of the following conditions exist:
1. 
The license was procured by fraud, by a materially false or misleading representation of fact in the application or in any report or record required to be filed with the Finance Director.
2. 
Fraud, misrepresentation or false statements made in the course of carrying on the business as a peddler.
3. 
Violation of any provision in this chapter.
4. 
Conviction, after submission of the application for a peddler’s license, of a felony or misdemeanor directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation.
5. 
Conducting the business of peddling in any unlawful manner or such manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public.
6. 
The revocation of any permit held by an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers shall constitute a basis for revoking the permit issued to individual applicants who are employed by or acting as agents for such individual, corporation, partnership or organization.
7. 
The revocation of a license for three or more persons who are employees or agents of an individual, corporation, partnership or organization shall constitute a basis for revoking the license issued to the employer or principal, as well as the licenses issued to all other employees or agents of that employer or principal.
B. 
Upon determination that grounds for revocation of a license exist, the Finance Director shall send the license holder a notice of revocation by certified mail, return receipt requested. Such notice shall be deemed received by the license holder 3 business days after mailing, and the revocation shall be effective 10 days immediately thereafter.
(Ord. 1887 § 8, 1999; Ord. 2335 § 13, 2011; Ord. 2496 § 17, 2016)
A. 
The applicant or license holder may appeal the decision of the Finance Director to not issue or revoke a peddler’s license by filing a written notice of appeal with the City Clerk within 10 calendar days following receipt of the notice of non-issuance or revocation. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non-issuance or revocation until the Hearing Examiner or other hearing body issues a written decision on the appeal.
B. 
Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before the City’s Hearing Examiner or other hearing body. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be mailed to the applicant or licensee.
C. 
The hearing shall be de novo. The decision of the City’s Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director’s decision.
D. 
Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision, which shall set forth the reasons therefor.
(Ord. 1887 § 9, 1999; Ord. 2496 § 18, 2016)
No peddler shall have any exclusive right to any location in the public streets or publicly-owned right-of-way, nor be permitted a stationary location, nor be permitted to operate in any congested area where operations might impede or inconvenience the public. For purposes of this section, the judgment of a police officer, exercised in good faith, shall be conclusive as to whether the area is congested or the public impeded or inconvenienced.
(Ord. 1887 § 10, 1999)
Violation of any terms of this chapter shall constitute a misdemeanor, and any person convicted of such offense shall be punished by a fine of up to $1,000 and/or imprisonment for a term not to exceed 180 days.
(Ord. 1887 § 12, 1999)
The remedies provided for in this chapter to address non-compliance in this chapter are cumulative and shall be in addition to other remedies available in equity or at law.
(Ord. 1887 § 13, 1999)