For purposes of this chapter, the following terms shall have
the meanings indicated:
PEDDLER
Any person who shall carry from place to place any goods,
wares or merchandise and offer to sell or barter the same, or actually
sell or barter the same, shall be deemed to be a peddler.
PEDDLING
Carrying from place to place any goods, wares or merchandise
and offering to sell or barter the same, or actually selling or bartering
the same.
PERSON
Includes, without limitation, any natural person, association,
partnership, firm, charitable organization, corporation, limited-liability
company, or other legal entity recognized under state or federal laws.
SOLICITING
Going from place to place for any of the purposes set forth
under the definition of "solicitor" below.
SOLICITOR
Any person, including a peddler, who shall go from place
to place, or who shall approach any person on public streets, sidewalks
or other public property, or who shall approach invitees on commercial
property without the express permission or consent of the owner or
occupant of such commercial property, for any of the following purposes:
A.
To sell or barter any goods, wares or merchandise, or to offer
to sell or barter the same.
B.
To offer to take orders or to take orders, or to offer to contract
or to contract, for future delivery of any goods, wares or merchandise.
C.
To offer to contract or to contract for services to be performed
at that time or in the future, including, without limitation, services
related to repair, improvement or alteration of homes and buildings
and electrical, plumbing, heating, air conditioning and other equipment
used by such homes and buildings.
D.
To accept or request donations or contributions for any charitable
purpose, as that term is defined in Code of Virginia § 57-48.
E.
To accept or request donations or contributions for any noncharitable
purposes.
Except as set forth in §
118-6, below, all peddlers and solicitors, prior to peddling or soliciting within Town limits, shall complete an application to register with the Town Manager. The following information shall be furnished in the application with respect to each natural person who will be engaging in peddling or soliciting on behalf of the applicant:
A. The name, local and permanent addresses, and date of birth of the
applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Documented proof of his identity to the satisfaction of the Town
Manager. Proof of identity may be in the form of a driver's license,
United States passport, certificate of naturalization, certificate
of citizenship, or military identification. In the event documented
proof is not available, the applicant may appear with an identifying
witness who has known the applicant for at least two years, who has
documented proof of his identity to the satisfaction of the Town Manager,
and who completes and signs an affidavit identifying the applicant.
C. The nature and purpose of the intended peddling or soliciting activity,
including identification of any goods, wares, merchandise or services
that are to be offered for sale or barter, or the person, organization
or entity that is to benefit from any donations or contributions that
are to be solicited.
D. The name and permanent address of the employer, organization or legal
entity represented.
E. A statement as to whether the applicant has been convicted of any
felony or misdemeanor and, if so, the nature of the offense, when
and where convicted and the penalty or punishment assessed therefor.
A fee of $10 to cover the costs of investigation of the applicant and processing of the application shall be paid to the Treasurer of the Town when the application is filed and shall not be returnable under any circumstances. With respect to peddlers, this fee is in addition to the license fee owed under §
103-9 of the Code of the Town of Louisa, Virginia.
Unless exempt from the registration requirements of this chapter,
it shall be unlawful for any peddler or solicitor to engage in any
of the following acts:
A. Enter into or upon any residential premises, commercial property,
or any other privately owned real property located within the Town
limits under false pretenses to peddle or solicit for any purpose
or for the purpose of peddling or soliciting orders for the sale of
goods, wares, merchandise or services.
B. Remain in or on any residential premises, commercial property, or
any other privately owned real property located within the Town limits
after the owner or occupant has requested any such person to leave.
C. Enter upon any residential premises, commercial property, or any
other privately owned real property located within the Town limits
for purposes of peddling or soliciting when the owner or occupant
has displayed a "No Soliciting" sign on such premises.
D. Engage in the practice of peddling or soliciting within the Town
limits without a permit as provided for in this chapter.
E. Knowingly give false information or withhold information in obtaining
a permit.
F. Enter into or upon a residential premises in the Town after sunset
or before sunrise for the purpose of peddling or soliciting orders
for the sale of goods, wares, merchandise or services, or to solicit
donations or contributions; provided, however, that this subsection
shall not apply if notice of such solicitation has been given, in
writing, to the Town Manager at least one week prior to such solicitation,
nor shall it apply if such solicitation is being conducted by unpaid
members of a civic or charitable organization who have an approved
means of identification provided by such organization, nor shall it
apply to newsboys making collections.
G. Peddle or solicit to pedestrians or occupants of vehicles on or adjacent
to any street within the limits of the Town in such a manner as will
interfere with the normal and usual flow of traffic or use of such
street.
The registration and fee provisions of this chapter shall not
apply to:
A. Any person who visits any residence or apartment at the request or
invitation of the owner or occupant thereof.
B. Unpaid members of any civic or charitable organization who have an
approved means of identification provided by such organization.
C. Newsboys soliciting subscriptions to any newspaper for home delivery
within the Town.
D. Route deliverymen who make deliveries at least once a week to regular
customers and whose solicitation is only incidental to their regular
deliveries.
E. A peddler at wholesale or those who sell or offer for sale, in person
or by their employees, ice, wood, charcoal, meats, milk, butter, eggs,
poultry, game, vegetables, fruits or other family supplies of a perishable
nature or farm products grown or produced by them and not purchased
by them for sale. A dairyman who uses, upon the streets of the Town,
one or more vehicles may sell and deliver from his vehicles milk,
butter, cream and eggs in the Town without procuring a peddler's
license.
F. Persons licensed to transact the business of insurance under the
provisions of Title 38.2 of the Code of Virginia.
G. Persons who are soliciting contributions for any charitable organization
that is exempt from licensing requirements pursuant to Code of Virginia
§ 57-63.
Except as otherwise specifically provided in this chapter, any person who violates any provision of this chapter shall, upon conviction thereof, be subject to punishment as provided in §
1-6, General Penalty, of the Code of the Town of Louisa, Virginia.