CHAPTER 4-4: PEDDLERS AND SOLICITORS

SECTIONS:

4-4-1:    DEFINITIONS:

4-4-2:    LICENSE REQUIRED:

4-4-3:    EXEMPTIONS:

4-4-4:    APPLICATION:

4-4-5:    RELIGIOUS, CHARITABLE AND OTHER FEDERALLY EXEMPT ORGANIZATIONS; EXEMPTION:

4-4-6:    ISSUANCE:

4-4-7:    BONDS:

4-4-8:    LOUD NOISES AND SPEAKING DEVICES:

4-4-9:    EXHIBITION OF LICENSE:

4-4-10:    DUTY OF POLICE TO ENFORCE:

4-4-11:    RECORDS:

4-4-12:    REVOCATION OF LICENSE:

4-4-13:    APPEAL:

4-4-14:    REAPPLICATION:

4-4-15:    EXPIRATION OF LICENSE:

4-4-16:    PENALTY:

4-4-17:    FEES ARE IN ADDITION TO TRANSACTION PRIVILEGE TAX:

4-4-18:    SEVERANCE CLAUSE:

4-4-1 DEFINITIONS:

When used in this chapter, the following terms have the following meanings:

PEDDLER: Any person, whether a resident of the City of Prescott or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers.

PORTABLE SIGN: Any sign not permanently affixed to the ground or the structure on the site it occupies.

SIGN: Any device for visual communication which is used to or intended to attract the attention of the public for business or professional purposes, when the display of this device is visible beyond the boundaries of the property upon which the display is located. The term "sign" shall not include any flag or badge or insignia of any government or governmental agency. The term "sign" shall not include the displays or advertising devices in a merchant’s window or within the interior of a building.

SOLICITOR: Any person, whether a resident of the City of Prescott or not, who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for services to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders. Such definition includes any person who, for himself, or for another person, hires, leases, uses or occupies any approved building, structure, room in hotels or motels, shops or other approved structures within the City for the primary purpose of exhibiting samples and taking orders for future delivery.

SPECIAL EVENT: Any fair, parade, march, motorcade, ceremony, show, exhibition, procession, festival, street dance, circus, carnival, concert, performance, rodeo, organized race, seasonal/holiday sales lot or other temporary activity which invites public participation and patronage (with or without charge) whether held on public or private property. Special events do not include block parties or private events to which the public is not invited or allowed to participate.

SPECIAL EVENT VENDOR: Includes any person, whether a resident of the City or not, who engages in a temporary business of fabricating, displaying, or selling goods or handcrafted objects, curios and textiles, and who in furtherance of such purpose occupies a space, stall, booth or other temporary structure on location in conjunction with, associated with, or attendant to a special event.

STRUCTURE: Any object constructed or installed by a person, having a permanent location on the ground.

TEMPORARY SIGN: Any sign not intended for permanent display. (Ord. 982, 7-24-1972; amd. Ord. 1584, 5-24-1982; Ord. 1962, eff. 12-24-1987; Ord. 1998, 4-26-1988; Ord. 2040, eff. 1-12-1989; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017)

4-4-2 LICENSE REQUIRED:

(A) Requirement. It is unlawful for any peddler or solicitor to engage in any such business within the City without first obtaining a license therefor in compliance with the provisions of this chapter.

(B) Prohibited Practices.

1. It is unlawful for any peddler or solicitor to make exclusive use of any location to any street, alley, sidewalk or right-of-way for the purpose of selling, delivering or exhibiting goods or merchandise.

2. It is unlawful for any peddler or solicitor to operate in a congested area where such operation impedes or inconveniences the public use of such street, alley, sidewalk or right-of-way.

3. It is unlawful for any peddler or solicitor to display signs on the exterior of any structure; no signs or temporary signs shall be allowed.

4. It is unlawful for any peddler or solicitor to occupy any property or structure for the purpose of selling or delivery of goods, wares or merchandise within the City, unless said structure or property conforms with the Prescott Land Development Code. It is the responsibility of the licensee to assure that approval of each specific structure or property is clearly listed on any license issued under this chapter.

5. It is unlawful for any person to exhibit any copy or facsimile of the original license issued under this chapter. (Ord. 1584, 5-24-1982; Ord. 4438, 12-14-2004; Ord. 4449, 1-11-2005; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017)

4-4-3 EXEMPTIONS:

(A) The terms of this chapter do not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newspaper carriers, nor to the acts of merchants or their employees in delivering goods in the regular course of business.

(B) Nothing contained in this chapter prohibits any sale required by statute, or by order of any court, or to prevent any person conducting a bona fide auction sale pursuant to law.

(C) Those persons who have had prior contact with the owners or occupants and have been invited to a private residence for the purpose of making sales, soliciting orders, or delivering goods shall be exempt from the provisions of this chapter.

(D) Special event vendors are exempt from this chapter when they are approved participants of the event by the show organizer, promoter or sponsor.

(E) Religious, Charitable, and Other Federally Exempt Organization. Any organization, society, association or corporation desiring to solicit or have solicited in its name, money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than a member of such organization upon the streets, in office or business buildings, by house-to-house canvass, or in public places for a charitable, religious, patriotic, philanthropic, fraternal, public service or other similar purpose. (Ord. 1962, eff. 12-24-1987; Ord. 1998, 4-26-1988; amd. Ord. 2040, eff. 1-12-1989; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017)

4-4-4 APPLICATION:

Licenses in this chapter are in addition to the business license provisions in Chapter 4-6. Applicants for a license under this chapter shall file with the City Finance Director a sworn application in writing on a form to be furnished by the City Finance Director. The City reserves the right to request any information deemed necessary to insure public safety and the collectability of license fees. Refusal to provide any requested information is grounds for denial of license.

At the time of filing the application, a nonrefundable fee of fifty dollars ($50.00) shall be paid by the applicant to cover the cost of processing. Upon approval of the application by the City, the applicant shall pay a fee of ten dollars ($10.00) for an identification card. The applicant may authorize up to twenty (20) identification cards to be issued under his license for employees, agents or independent dealers handling his products. If the applicant wishes to authorize more than twenty (20) identification cards, he must make a special request, in writing, to the Chief of Police. The Chief of Police will indicate his approval or disapproval on the written request and return it to the Finance Department. Employees, agents or independent dealers must complete applications for such cards, and there will be a fee of ten dollars ($10.00) for each identification card issued. (Ord. 4977-1515, 5-3-2016, eff. 1-1-2017)

4-4-5 RELIGIOUS, CHARITABLE AND OTHER FEDERALLY EXEMPT ORGANIZATIONS; EXEMPTION:

(Rep by Ord. 4977-1515, 5-3-2016)

4-4-6 ISSUANCE:

Upon payment of the prescribed fee, the City Finance Department shall deliver to the applicant his identification card. Such identification card shall contain the signature of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, date of issuance, the license number, and other identifying description of any vehicle used in such licensed business. Each peddler or solicitor must secure a personal identification card from the City Finance Department. No identification card shall be used at any time by any person other than the one to whom it is issued. The Finance Department shall keep a permanent record of all licenses and identification cards issued. (Ord. 3925, 11-9-1999; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017)

4-4-7 BONDS:

(A) Every applicant for a license issued under this chapter shall post a cash bond with the City Finance Director in the amount of two hundred dollars ($200.00) for the applicant, plus one hundred dollars ($100.00) for each employee, agent or independent dealer acting in the capacity of peddler or solicitor. The total bond required shall not exceed one thousand dollars ($1,000.00). This bond is to assure compliance with the provisions of this chapter and shall be forfeited if the licensee or any of his employees, agents or independent dealers are found to be in violation of any of the provisions of this chapter.

(B) Upon surrender by the licensee of his peddler or solicitor license and of all identification cards of his employees, agents or independent dealers to the City Finance Department, the bond shall be returned in full; provided, all fees, taxes or other encumbrances are paid; and further provided, that the licenses and identification cards are surrendered within sixty (60) days of their expiration date. (Ord. 1962, eff. 12-24-1987; Ord. 1998, 4-26-1988; amd. Ord. 2040, eff. 1-12-1989; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-8)

4-4-8 LOUD NOISES AND SPEAKING DEVICES:

No licensee, nor any person on his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound-amplifying device upon any of the streets, alleys, parks or other public places of the City or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. (Ord. 982, 7-24-1972; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-9)

4-4-9 EXHIBITION OF LICENSE:

Licensees, employees, agents and independent dealers are required to exhibit their original identification card at the request of any citizen. Exhibition of any copy or facsimile of the card shall not be considered compliance with this section. (Ord. 1962, eff. 12-24-1987; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-11)

4-4-10 DUTY OF POLICE TO ENFORCE:

It shall be the duty of the police of the City to require any person peddling or soliciting to produce his identification card when such person is not known by the officer to be duly licensed. Such police officer shall enforce the provisions of this chapter against any person found to be violating the same. (Ord. 1962, eff. 12-24-1987; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-12)

4-4-11 RECORDS:

The Chief of Police shall report to the City Finance Director all convictions for violation of this chapter and the City Finance Director shall maintain a record for each license and identification card issued and record the reports of violation therein. (Ord. 1962, eff. 12-24-1987; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-13)

4-4-12 REVOCATION OF LICENSE:

(A) Licenses issued under the provisions of this chapter may be revoked by the City Manager after twenty-four (24) hours’ notice and hearing, for any of the following causes:

1. Fraud, misrepresentation or incorrect statement contained in the application for license.

2. Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as solicitor or peddler.

3. Any violation of this chapter.

4. Conviction of any crime or misdemeanor.

5. Conducting the business of peddler or solicitor as the case may be, 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.

(B) Notice of the hearing for revocation of a license shall be given by the City Clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least forty eight (48) hours prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least forty eight (48) hours prior to the date set for hearing. (Ord. 982, 7-24-1972; Ord. 1962, eff. 12-24-1987; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-14)

4-4-13 APPEAL:

Any person aggrieved by the action of the Chief of Police or the City Finance Director in the denial of a permit, license or identification card as provided in Sections 4-4-5 and 4-4-6 may appeal to the City Manager. Such appeal shall be made by filing a written statement setting forth fully the grounds for the appeal. Such statement must be filed within forty five (45) days of receipt by the applicant of notice of denial of the permit, license or identification card. The City Manager shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 4-4-12 for notice of hearing on revocation. (Ord. 1962, eff. 12-24-1987; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-15)

4-4-14 REAPPLICATION:

No licensee or company whose license has been revoked or refused shall make further application until at least one (1) year has elapsed since the last previous revocation. (Ord. 982, 7-24-1972; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-16)

4-4-15 EXPIRATION OF LICENSE:

All licenses and identification cards issued under the provisions of this chapter expire at twelve o’clock (12:00) midnight on December 31st of the year when issued, unless applicant elects an earlier expiration date. (Ord. 1962, eff. 12-24-1987; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-17)

4-4-16 PENALTY:

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 1-3-1. (Ord. 982, 7-24-1972; amd. Ord. 1834, 9-23-1986; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-18)

4-4-17 FEES ARE IN ADDITION TO TRANSACTION PRIVILEGE TAX:

All fees levied in this chapter are in addition to transaction privilege tax required by Chapter 4-1. Failure of applicant to comply with such chapter shall be sufficient grounds for denial or revocation of any license issued under this chapter, and for forfeiture of any bond posted in accordance with this chapter. (Ord. 1962, eff. 12-24-1987; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-19)

4-4-18 SEVERANCE CLAUSE:

The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the validity of any part. (Ord. 1962, eff. 12-24-1987; Ord. 4977-1515, 5-3-2016, eff. 1-1-2017. Formerly 4-4-20)