[Adopted 5-1-1995 as Ch.
V, Sec. 5-11, of the 1994 Code]
As used in this article, the following terms shall have the meanings
indicated:
HOME SOLICITATION SALE
A consumer sale or credit sale of goods other than farm equipment,
or services in which the seller or a person acting for him engages in a personal
solicitation of the sale at a residence, if the buyer's agreement or offer
to purchase is there given to the seller or a person acting for him.
A seller or any person in his behalf shall not sell or offer for sale
goods, wares and merchandise without a written permit from the Police Chief
of the City. The permit shall be carried by the seller while engaging in home
solicitation sales.
The following are excepted from the licensing requirement:
A. Charitable, religious, educational, community, recreational
or similar nonprofit organizations, provided that the following criteria are
met:
(1) The person doing the actual selling or soliciting shall
not receive any financial compensation for doing so.
(2) If goods are offered for sale, the price of the goods
shall be no more than $10 retail.
B. Bona fide deliveries of goods, wares, merchandise or
food made on a regular route to regular customers.
C. Persons engaging in the sale of food.
Any person violating any of the provisions of this article shall be
subject to a fine of not more than $100 for each violation.
The Police Chief may revoke a permit if the holder of the permit engages
in disorderly conduct, as defined by 17-A M.R.S.A. § 501, or harassment,
as defined by 18-A M.R.S.A. § 506-A, while in the course of his/her
business.
As used in this article, the following terms shall have the meanings
indicated:
IDENTIFICATION
Persons securing the permit shall produce means of identification
that proves some form of association with the organization, as well as place
of residency. Each team or organization shall receive permission from a business
owner to stand in front of his or her establishment.
SEASON
The calendar period of May 1 through October 15 of each year.
TAG
Each group soliciting donations shall provide a tag, sticker, pin
or some other marker to individual givers as a means of identification and
recognition.
TAG DAY
A single day, preferably Saturday, set aside for fund-raising activities.
Each day shall be designated and reserved for an organization, sponsored recreation
team or groups representing a particular sport or league. A maximum of 10
days may be assigned by the City Clerk. Saco youth organizations shall have
preference in choosing dates.
[Amended 4-7-2003]
Each organization, group or team wishing to hold a fund-raising event
or activity for the purpose of soliciting donations shall first obtain from
the City a special Tag Day permit. The fee for this permit for all residents/organizations
and nonresidents/organizations shall be established by the City Council after
a public hearing. The special permit shall be issued for a particular calendar
date and shall only be valid for that single day. The scheduling shall be
done by the City Clerk. The City Clerk shall notify the Police Department
upon issuance of the special Tag Day permit.
The City Clerk may suspend or revoke any Tag Day permit if the municipality
receives repeated citizen complaints of permit violations. Future requests
for special permits may also be denied for a period of 30 days in cases where
persons or organizations misrepresent their eligibility.
The City Council shall review and establish permit fees on an annual
basis. Additional modifications, such as the length of the season and maximum
days designated as Tag Days, shall be reviewed annually by the City Council.