[1]
Prior ordinance history: Ord. 7-11.
A peddler within the meaning of this chapter is defined as follows:
A. 
All persons, including both principals and agents, as well as employers and employees, who go from place to place, or house to house, or by indiscriminately approaching individuals, trading, dealing, carrying, exposing or offering for sale goods, wares, merchandise or services of any type.
B. 
Sales by sample or for future delivery, and executory contracts of sale by peddlers are embraced within subsection A of this section; provided, however, that this chapter is not deemed applicable to any salesperson or canvasser while soliciting trade from wholesale or retail dealers in the city.
(Ord. 90-32 § 1 (part), 1990)
A. 
No person, corporation, partnership or other organization shall engage in the business of peddler within the city limits without first obtaining a permit therefor as provided in this chapter. If an individual is acting as an agent for or is 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 permit as provided in this chapter.
B. 
Applications for a peddler license shall be submitted with a nonrefundable investigation fee as set forth in Section 3.12.040(H) to cover the costs of processing the application.
C. 
The following persons shall be exempt from the requirements of this chapter:
1. 
Newspaper carriers;
2. 
Any person acting in his or her capacity as a member of a nonprofit civic, charitable, fraternal, religious or youth organization such as little league, boy scouts, girl scouts and similarly situated non-profit organizations;
3. 
Any person who peddles fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state; and
4. 
Persons who, after having been specifically requested by another to do so, call upon that other person for the purpose of displaying for possible purchase goods, literature or giving information about any article, thing, product or service.
(Ord. 90-32 § 1 (part), 1990; Ord. 2003-16 § 15, 2003)
Licenses are obtained as follows:
A. 
Any person, firm or other organization desiring to secure a peddler’s license shall file a sworn application in writing to the city clerk on forms provided by the city. The peddler application shall set forth as to the principal or employer applicant the following information:
1. 
The name, address and telephone number of the applicant person, corporation, partnership or other organization;
2. 
In the event the name or address of the applicant has changed within the last two years, each name and address used over the last two-year period;
3. 
If a corporation, the names, addresses and telephone numbers of the corporation’s board of directors and principal officers, unless the city determines that providing such information will prove unduly burdensome;
4. 
A list of all other cities, towns and counties where the applicant has obtained a peddlers permit or similar permit within the past five years;
5. 
The nature or character of the goods, wares, merchandise or services to be offered by each principal applicant;
6. 
Any and all facts relating to any conviction of crimes during the past ten years as such information may be required by the city on the application form;
7. 
A list of the persons originally contemplating peddling within the city, and the information required in subsection B below as to each;
8. 
The name, address and telephone number (business and home) of the individual acting as manager of the principal applicant; and
9. 
Such other information as reasonably required by city officials.
B. 
For each person peddling within the city, including those who serve as an agent or employee pursuant to a principal application and license as required by this chapter, the following information shall be provided to the city clerk on forms provided by the city and shall set forth as to each such person the following:
1. 
Name, address and telephone number;
2. 
In the event the name or address of the applicant has changed within the last two years, each name and address used over the last two-year period;
3. 
The name, address and telephone number of the person, firm or other organization holding the principal license;
4. 
Date of birth and general personal description as required by the city;
5. 
Any and all facts relating to any conviction of crimes for the past ten years as such information may be required by the city on the application form; and
6. 
The nature or character of the goods, wares, merchandise or services to be offered by the applicant; and
7. 
Such other information as reasonably required by city officials.
(Ord. 90-32 § 1 (part), 1990)
A. 
It shall be the duty of the chief of police to investigate each application made under Section 5.24.030, in which investigation the chief of police shall determine:
1. 
The genuineness of all credentials presented by the principal applicant and/or the individual applicant;
2. 
If the principal applicant and/or the individual applicant has a criminal record; and
3. 
The truth of the facts set forth in the application.
B. 
The chief of police shall endeavor to complete such investigation within five working days after receipt of the application.
(Ord. 90-32 § 1 (part), 1990)
If, after the completion of the investigation, the chief of police determines that the facts set forth in the application are true, then the chief shall approve the application, and the city clerk may issue the license. Such license shall expire on the thirty-first day of December of the year in which such license has been issued. The license shall not be transferable and the fee submitted shall not be prorated. No license shall be issued until the conclusion of the police chief’s investigation of the application. A license shall not be issued to a principal applicant if the investigation reveals the principal applicant has been convicted of any crime involving fraud or misrepresentation within the past ten years. If the applicant is an individual, he or she shall not be issued a license if the application investigation reveals that he or she has been convicted of any crime involving fraud or misrepresentation, burglary or rape within the past ten years.
(Ord. 90-32 § 1 (part), 1990)
No person shall engage in peddling within the city except between the hours of nine a.m. and nine p.m.
(Ord. 90-32 § 1 (part), 1990)
The license required by this chapter and a photo identification shall be carried at all times by each peddler for whom issued when peddling in the city and shall be exhibited by any such peddler whenever and wherever he or she shall be requested to do so by any police officer, city official or any person solicited.
(Ord. 90-32 § 1 (part), 1990)
It is unlawful for any person, while engaging or attempting to engage in peddling within the city, to:
A. 
Enter upon any other person’s private property, any home, residence, apartment complex or business that prominently displays a “No Peddlers” or “No Solicitors” sign or any other similar sign that communicates the occupants’ desire not to be contacted by peddlers or solicitors;
B. 
Persist or continue in any solicitation or attempted solicitation of any particular member or members of the general public if such person or persons do not wish or desire any further solicitation efforts;
C. 
Deliver any handbills or other material of any nature, whatsoever, without ensuring that all hand-bills and materials which are discarded in any public place are removed and cleared by the person making the solicitations from such public place or places, within three hours of the distribution of the handbills.
(Ord. 90-32 § 1 (part), 1990)
Such license may be revoked by the city for the violation by an individual peddler of any of the ordinances of the city. Such license may be revoked by the city for the violation by a principal of any of the ordinances of the city which revocation will effectively revoke the licenses of its agent peddlers. The revocation of an agent peddler license for violation of city ordinances will revoke the principal’s license and the licenses of its other agent peddlers only if three or more agent peddlers of the same principal have their licenses revoked for violating city ordinances.
(Ord. 90-32 § 1 (part), 1990)
A. 
Whenever the city clerk determines that there is cause for denying any license application or revoking any license issued pursuant to this chapter, the clerk shall notify the person holding the license by registered or certified mail, return receipt requested, of the clerk’s determination. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for the denial or revocation.
B. 
The licensee may appeal the decision of the city clerk to deny or revoke a peddler’s license by filing a written notice of appeal to the city council within ten days of the city clerk’s decision.
C. 
Upon timely receipt of the notice of appeal, the city clerk shall set a date for hearing the appeal. The city clerk shall mail notice of the date of the hearing to the licensee at least twenty days prior to the hearing date.
D. 
The hearing shall be de novo. The city council may affirm, reverse or modify the city clerk’s decision.
E. 
The decision of the city council shall be final. Any person desiring to appeal must file an appropriate action in Kitsap County Superior Court within fourteen days of the city council’s decision.
(Ord. 90-32 § 1 (part), 1990)
All orders taken by licensed peddlers shall be in writing, in duplicate, stating the name as it appears on the license, the address of the peddler, the address of the principal, if applicable, the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser.
(Ord. 90-32 § 1 (part), 1990)
A. 
Any person and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this chapter shall have committed a civil infraction and, upon a determination by the Poulsbo municipal court that such infraction has been committed, shall pay a civil monetary penalty to the city of a sum not to exceed two hundred dollars. In addition, each and every day during any portion of which a violation of any provision of this chapter is committed, continued or permitted constitutes a separate infraction. Penalties collected pursuant to this section shall be deposited in the city’s general fund to be used for general purposes of the city.
B. 
In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter, is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.
C. 
Any person deemed to have committed a civil infraction under subsection A of this section who shall fail to come into compliance, or remain in compliance, with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in jail for a term not exceeding ninety days or by a fine in an amount not more than one thousand dollars or by both such fine and imprisonment. Each day that such condition or violation continues shall be regarded as a new and separate offense and shall be punishable accordingly.
(Ord. 90-32 § 1 (part), 1990; Ord. 96-30 § 7, 1996)