Warren County, VA
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Warren County as Ch. 15 of the 1975 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
SOLICITOR
A person who goes from door to door visiting multifamily or single-family dwellings for the following purposes:
A. 
To sell any goods. wares, merchandise or services or accept subscriptions or orders therefor.
B. 
To accept or request donations for any charitable purpose.
All persons, before entering into or upon a residential premises within the County for the purpose of soliciting, shall register with the Sheriff and furnish him with the following information:
A. 
The name, local and permanent address, age, race, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant.
B. 
The nature or purpose for which solicitations will be made and the nature of the goods, wares and merchandise offered for sale.
C. 
The name and permanent address of the employer or organization represented.
D. 
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 for punishment assessed therefor.
E. 
A photograph of the applicant and fingerprints of the applicant.
[Added 6-15-2010]
F. 
The make, model and license number of any vehicle to be used.
[Added 6-15-2010]
G. 
The specific area or areas of the County where the solicitor will be working.
[Added 6-15-2010]
H. 
Written authorization and any other information needed to conduct a background investigation of the applicant, including a criminal records check, and to investigate whether the information provided by the applicant is true.
[Added 6-15-2010]
I. 
Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct.
[Added 6-15-2010]
J. 
A statement of any similar permits issued to the applicant in any jurisdiction with a description of the status of those permits and a statement as to whether a permit held by the applicant has ever been suspended or revoked, or the applicant has ever been denied a permit in any jurisdiction.
[Added 6-15-2010]
A. 
Upon furnishing the information required under § 133-2, the applicant shall be issued a permit, unless the information furnished in compliance with this chapter shows that the applicant has been convicted of a crime involving moral turpitude or violence, had a prior permit suspended or revoked, or is not of good moral character.
[Amended 6-15-2010]
B. 
A permit issued under this chapter shall be good for one year from the date of issuance, unless earlier revoked as provided in this chapter.
C. 
Every solicitor shall carry his permit with him at all times while engaged in soliciting and shall display the same to any person who shall demand to see the same while he is so engaged.
[Amended 6-15-2010]
A fee of $20 to cover the costs of investigation of the applicant and processing of the application shall be paid to the Sheriff when the application is filed and shall not be returnable under any circumstances.
No person shall:
A. 
Enter into or upon a residential premises in the County under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares, merchandise or services.
B. 
Remain in or on any residential premises after the owner or occupant has requested any such person to leave.
C. 
Enter upon any residential premises for soliciting when the owner or occupant has displayed a "No Soliciting" sign on such premises.
D. 
Engage in the practice of soliciting in the county without a permit as provided for in this chapter.
E. 
Knowingly give false information or fail to give correct information in obtaining a permit.
F. 
Engage in solicitation at any time prior to 9:00 a.m. or after sunset of any day.
[Added 6-15-2010]
G. 
Fail to provide a written order or invoice, in duplicate, which:
[Added 6-15-2010]
(1) 
Shows the name and address of the firm represented by the solicitor;
(2) 
Is signed by the solicitor; and
(3) 
Is signed by the purchaser and states the terms and conditions of the sale. A copy of the order or invoice shall be given to the purchaser.
The 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 are registered as such with the Sheriff and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identification with the organization represented.
C. 
Newsboys soliciting subscriptions to any newspaper for home delivery within the county.
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. 
Persons selling fresh farm products.
[Added 6-15-2010]
F. 
Persons licensed under the provisions of state law governing insurance sales.
[Added 6-15-2010]
G. 
Persons engaged in canvassing for or on behalf of political candidates or referenda.
[Added 6-15-2010]
H. 
Persons 12 years of age or under who are residents of the County.
[Added 6-15-2010]
I. 
Persons collecting or attempting to collect a payment due from a purchaser if the collector and original seller are not the same.
[Added 6-15-2010]
[Added 6-19-1990]
Any person who shall violate any provision of this chapter shall be subject to a penalty as set forth in Chapter 1, § 1-11, of the Warren County Code.
[Added 6-15-2010]
A. 
Any permit issued pursuant to this chapter may be revoked by the County Sheriff for:
(1) 
Any fraud, misrepresentation or false statement contained in the application;
(2) 
Any failure to observe the conditions of the permit;
(3) 
Violation of this chapter or any felony or a misdemeanor involving moral turpitude after the permit was issued.
B. 
If the County Sheriff revokes a permit, he shall notify the permittee in writing of the revocation, the reasons for the revocation, and the permittee's right to request a hearing. To receive a hearing, the permittee must make a written hearing request which must be received by the Sheriff within 10 days of the notice of revocation. If a hearing request is not received within 10 days of the revocation notice, the Sheriff's decision shall be final. If a hearing is properly requested, it shall be held within 15 days from receipt of the hearing request. The hearing shall be presided over by the Sheriff or his designee. The permittee shall have the right to present evidence and argument or to have counsel do so. Within a reasonable time after the hearing, the Sheriff shall render his decision which shall be final. The permittee must discontinue operation of its business when the decision to revoke its permit is final.
C. 
When protection of public health, safety or welfare requires such action, the County Sheriff may direct immediate revocation of a solicitor's permit by giving written notice to the permittee. When action is taken pursuant to this subsection, the permittee shall immediately discontinue those activities authorized by the permit and this article, but the permittee shall have the right to a hearing as described above.[1]
[1]
Editor’s Note: Former Art. II, Solicitation Activities on Public Highways, added 6-15-2010, which comprised § 133-9, Distribution of handbills, solicitation of contributions and sale of merchandise or services, and which immediately followed this section, was repealed 5-17-2016.