This chapter is an exercise of the power of the city to license for regulation.
(Ord. 97 § 1.01; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
A "solicitor" or "canvasser" is defined as any person who goes from house to house, or from place to place, in the city of Richland, selling or taking orders for or offering to sell or take orders for goods, wares and merchandise for present or future delivery or for services to be performed immediately or in the future, whether such person has, carries or exposes a sample of such goods, wares and merchandise or not, or whether he is collecting advance payment on such sales or not.
(Ord. 97 § 1.02; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
It is unlawful for any person to act as solicitor or canvasser within the city of Richland without first having obtained a license issued pursuant to this chapter.
(Ord. 97 § 1.03; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
The application shall contain the following information:
A. 
Name and description of the applicant.
B. 
Permanent home address and local address of applicant.
C. 
A brief description of the nature of the business and the goods to be sold or services to be performed.
D. 
If employed by another, the name and address of the employer must be provided. The employer must have a Washington State master business license and Richland business license.
E. 
The length of time for which the right to do business is required.
F. 
The place of manufacture or production of goods to be offered for sale, the present location of such goods and the proposed method of delivery.
G. 
Picture identification is required with solicitor application. Applicants with a Washington State address of one year or longer shall pay $12.00 for a Washington State Patrol background investigation (valid for one year). Applicants with a permanent address in any state other than Washington must provide a current state patrol background check for each state in which the applicant resided during the past 12 months. All applicants will undergo a current warrants check by the Richland police department.
H. 
The names of two reliable persons resident in the state of Washington as references to the good character and business responsibility of the applicant or, in lieu of such references, the means of obtaining evidence as to the applicant's character and business responsibility.
I. 
A statement as to any convictions of any crimes, misdemeanors or violations of municipal ordinances, the date, the nature of the offense and the penalty assessed therefor.
The application shall be sworn to by each applicant and shall be accompanied by a fee of $12.00 to cover the cost of investigation of the facts stated in the application, and if applicant is the employee of another, evidence of the exact relationship between applicant and employer.
(Ord. 97 § 1.05; Ord. 1-97; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
The original of the application shall be referred to the chief of police or designee who shall promptly make an investigation of applicant's character and business responsibility. If applicant's character or business responsibility is found to be unsatisfactory, the chief of police or designee shall endorse on such application his or her disapproval and the reasons therefor to the finance director, who shall notify the applicant that his or her application is disapproved and that no license will be issued. If the chief of police or designee finds that applicant's character and business responsibility are satisfactory, he or she shall endorse his or her approval on the application and return it to the finance director who shall, upon payment of the license fee and the filing of bond, as provided by this chapter, issue the license.
(Ord. 97 § 1.06; Ord. 1-97; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
Licenses shall be issued for a period of 30 days at a cost of $10.00 or 90 days for a cost of $30.00.
(Ord. 97 § 1.07; Ord. 7-86; Ord. 1-97; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
A license issued under this chapter may be suspended or revoked by the finance director, or the finance director may refuse to issue a renewal license after notice and hearing, for any of the following causes:
A. 
Fraud, misrepresentation, or false statement contained in the application for license.
B. 
Fraud, misrepresentation or false statement made in the course of carrying on his or her business as solicitor or as canvasser.
C. 
Any violation of this chapter.
D. 
Conviction of any crime or misdemeanor involving moral turpitude.
E. 
Conducting the business of soliciting, or of canvassing, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
Notice of the hearing for suspension or revocation of a license shall be given to the licensee in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed or delivered to the licensee at his or her last known local address.
(Ord. 97 § 1.10; Ord. 1-97; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
Any person aggrieved by the action of the chief of police or of the finance director or designee in the denial of a license, or of the finance director in the suspension or revocation of a license, shall have the right of appeal to the city council. Such appeal shall be taken by filing with the finance director a written notice thereof within five days after the entry of the order of suspension or revocation. The notice of appeal shall specify an address at which the licensee may be given notice of hearing on the appeal. The city council shall hear the appeal, or may refer the same to a committee for hearing. At the hearing the licensee shall be entitled to appear in person and offer evidence pertinent to the suspension or revocation, and the finance director shall likewise be entitled to be heard at the hearing and offer evidence in support of his or her order of suspension or revocation. The city council shall determine by resolution whether the suspension or revocation shall be sustained, and its action in that respect shall be final and conclusive.
(Ord. 97 § 1.11; Ord. 1-97; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
All orders taken by licensed solicitors shall be in writing in duplicate, stating the name, as it appears on the license, and address of both solicitor and his or her employer, the terms thereof, and the amount paid in advance, and one copy shall be given the purchaser.
(Ord. 97 § 1.12; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
Such license shall be carried at all times by each solicitor for whom issued when soliciting or canvassing in the city, and shall be exhibited by any such solicitor whenever he or she shall be requested to do so by any police officer or any person solicited.
(Ord. 97 § 1.13; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
This chapter shall not apply to:
A. 
Insurance salesmen, or salesmen calling on wholesalers or retailers.
B. 
Daily newspaper carriers, whether subscriptions are taken or not.
C. 
Any farmer, gardener, or other person selling, delivering or peddling any 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.
D. 
Any person selling or delivering milk or milk products, or bakery goods, produced or manufactured in this state or furnishing to any person laundry and dry cleaning service.
E. 
Any member or members of a religious, charitable, health or welfare, political, service or youth service organization selling or offering to sell goods or service in order to raise funds for the work of such organization and for no other purpose.
(Ord. 97 § 1.14; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
The license required by this chapter shall be in addition to any other licenses required by the parent company for which the solicitor represents general law or the ordinances of the city.
(Ord. 97 § 1.15; Ord. 1-97; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
Any person convicted of violating the provisions of this chapter shall be punished by a fine not to exceed $5,000 or by imprisonment for not more than one year, or both such fine and imprisonment.
(Ord. 97 § 1.16; Ord. 17-84; Ord. 1-97; Ord. 06-10 § 1.03; Ord. 16-10 § 1.01; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)
The invalidity of any article, section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances.
(Ord. 97 § 1.17; Ord. 28-10 § 1.02; Ord. 2022-29 § 11)