Chapter 5.10
DOOR-TO-DOOR SALES
Sections:
5.10.010 Definitions.
5.10.020 License required.
5.10.030 Registration required.
5.10.040 Exemptions.
5.10.050 Conducting business without registration cards prohibited.
5.10.060 Peddling on posted premises – Refusal to leave premises.
5.10.070 Application and issuance.
5.10.075 Application – Additional requirements – Legal residency.
5.10.080 Charitable, religious, patriotic or philanthropic organizations.
5.10.090 Fees.
5.10.095 License and identification card duration – Renewal.
5.10.100 Enforcement of chapter – Record of licenses issued and violations.
5.10.110 Exhibition of registration card.
5.10.120 Repealed.
5.10.130 Revocation of registration cards.
5.10.140 Denial – Restriction – Suspension –Revocation.
5.10.150 Appeal.
5.10.010 Definitions.
In this chapter, unless the context otherwise requires:
A. “Peddler” means any corporation, partnership, individual, firm, or other entity, whether resident of the town or not, who travels or whose agents travel from house to house carrying, conveying or transporting goods, wares, merchandise, edible foodstuffs or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers. It is further provided that a person who solicits orders and, as a separate transaction, makes delivery to purchasers as a part of the scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions herein contained.
B. “Solicitor” means any person, corporate or individual, or firm, whether resident of the town or not, who travels, or whose agents move or travel, from house to house taking or attempting to take orders for sale of goods, wares and merchandise, edible foodstuffs, or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether collecting advance payments on such sales or not. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-1.]
5.10.020 License required.
A. Subject to the provisions of Arizona state law, it is unlawful for any peddler or solicitor, as the same are defined in this chapter, to engage in such business within the corporate limits of the town without first obtaining a license therefor in compliance with the provisions of Chapter 5.05 STC.
B. When more than one trade, calling, profession, occupation or business shall be carried on, transacted or practiced by the same person, corporation or partnership without any fixed place of business, and travel is from house to house, a separate license shall be required and a separate appropriate charge be paid for each activity for which a license is required by this chapter.
C. The following practices shall be prohibited:
1. It shall be unlawful for any person to engage in door-to-door sales, or to employ or hire another to engage in door-to-door sales, without possessing a valid license therefor as provided in this chapter. It shall further be unlawful for any person to engage in, or to employ or hire another to engage in, door-to-door sales while that person’s door-to-door sales license is suspended.
2. It shall be unlawful for any person to engage in door-to-door sales after the later of 7:00 p.m. or sunset and before sunrise. This provision shall apply only to door-to-door sales within a residential area.
3. It is unlawful for any person to exhibit any copy or facsimile of the original license issued under this chapter. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-2.]
5.10.030 Registration required.
Any person operating as a solicitor or peddler shall register with the town clerk and obtain an identification card showing such registration. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-3.]
5.10.040 Exemptions.
The terms of this chapter do not include the acts of persons conducting bona fide religious or charitable business, persons selling personal property at wholesale to dealers in such articles, news vendors, the acts of merchants or their employees in delivering goods in the regular course of business, nor to persons conducting periodic sales of personal property upon their living premises (i.e., yard or garage sales). 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. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-4.]
5.10.050 Conducting business without registration cards prohibited.
It is unlawful for any solicitor or peddler to conduct or transact business without having registered with the town clerk and without having obtained a registration card; without having such card in possession; or failing to exhibit such card upon request by any official of the town. Each violation of this chapter shall constitute a separate violation for each and every day that such activity occurred within the town. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-5.]
5.10.060 Peddling on posted premises – Refusal to leave premises.
It is unlawful for any peddler or solicitor or their agents or representatives to come upon any premises whereon a sign bearing the words “no peddlers” or “no canvassers” or “no solicitors” or any combination of such terms or terms similar thereto is exposed to public view or to remain on any premises after having been requested to leave by the owner or occupant thereof whether such premises are posted as specified above or not. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-6.]
5.10.070 Application and issuance.
A. Applicants for a license under this chapter shall file with the town clerk a sworn application in writing, on a form to be furnished by the town clerk, which shall give the following information:
1. Name, including all names by which the applicant is or has been known, and physical description of the applicant;
2. Complete permanent home and local addresses of the applicant, including home phone number;
3. A brief description of the nature of the business and services rendered or goods sold;
4. If employed, the name and address of the employer (no post office box address will be accepted) together with verification of the employment relationship signed by the employer;
5. The length of time for which the right to do business is desired;
6. The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, or services to be provided, where such goods, services or products are located at the time said application is filed, and the proposed method of delivery;
7. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor;
8. The most recent counties, cities, or towns, if any, where the applicant carried on business immediately preceding the date of application and the address from which such business was conducted in those municipalities;
9. Description of any vehicles to be used in conducting business in the town, including license numbers, state of issuance, registration, and proof of insurance;
10. Business name, business address, mailing address and business phone;
11. Number of the privilege license issued;
12. Statement and number of county health permit, if applicable;
13. Current driver’s license or other current government-issued photo identification;
14. The previous name and location of the business, if any;
15. The former owner of the business, if any;
16. Whether the applicant has ever had a door-to-door sales license denied, revoked or suspended, and the date and jurisdiction of the denial, suspension or revocation;
17. Two complete sets of fingerprints taken by a law enforcement agency; and
18. Two passport style photographs.
B. Licenses issued pursuant to this chapter shall not be transferable from one person to another.
C. Any change in information required to be submitted by this chapter must be provided to the town clerk on a form provided by the town clerk for that purpose within 10 calendar days of any such change.
D. Registration cards under this chapter shall be given to all applicants who have complied with this section, unless the town clerk discovers through any investigation that the applicant, his or her agents, or representatives have been convicted of or have pending charges for any felony or misdemeanor affecting their truth, honesty or veracity. In such cases the application shall be denied or revoked.
E. Each applicant for a peddler or solicitor license as defined in STC 5.10.010 must submit two full sets of fingerprints to the town, as provided in this section, for the purpose of obtaining a state and federal records check. These checks shall be done pursuant to Arizona state law and Public Law (PL) 92-544. The Arizona Department of Public Safety may exchange the fingerprint data with the Federal Bureau of Investigation. [Ord. 2009-18 § 2; Ord. 2008-07 § 5; Ord. 1996-11; prior code § 11-2-7.]
5.10.075 Application – Additional requirements – Legal residency.
A. No license shall be issued to an individual if the individual does not present any of the following documents to the town clerk indicating that the individual’s presence in the United States is authorized under federal law:
1. An Arizona driver’s license issued after 1996 or an Arizona nonoperating identification card.
2. A driver’s license issued by a state that verifies lawful presence in the United States.
3. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
4. A United States certificate of birth abroad.
5. A United States passport.
6. A foreign passport with a United States visa.
7. An I-94 form with a photograph.
8. A United States Citizenship and Immigration Services employment authorization document or refugee travel document.
9. A United States certificate of naturalization.
10. A United States certificate of citizenship.
11. A tribal certificate of Indian blood.
12. A tribal or Bureau of Indian Affairs affidavit of birth.
B. This section does not apply to an individual if all of the following apply:
1. The individual is a citizen of a foreign country or if, at the time of application, the individual resides in a foreign country.
2. The benefits that are related to the license do not require the individual to be present in the United States in order to receive those benefits. [Ord. 2009-18 § 2.]
5.10.080 Charitable, religious, patriotic or philanthropic organizations.
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 to persons other than members of such organization upon the streets, in office or business buildings, by house-to-house canvass or in public places for charitable, religious, patriotic or philanthropic purpose exclusively shall be exempt from the provisions of this chapter. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-8.]
5.10.090 Fees.
Every applicant under this chapter shall pay the fees as set forth in Chapter 3.10 STC per business endeavor conducted in the town for a registration card. In addition to the fee required as set forth in Chapter 3.10 STC, the applicant shall pay to the town clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to STC 5.10.070. [Ord. 2009-18 § 2; Ord. 2008-07 § 6; Ord. 1996-11; prior code § 11-2-9.]
5.10.095 License and identification card duration – Renewal.
A. Any license or identification card issued pursuant to this chapter shall, unless otherwise provided for herein, expire and become null and void at the end of the year in which the license or identification card was issued.
B. Annual renewal of any license or identification card provided for in this chapter shall be made by completing a renewal application as prescribed by the town clerk and payment of the appropriate fee as set forth.
C. In addition to the fee required by subsection B of this section, the applicant shall pay the town clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to STC 5.10.070. [Ord. 2009-18 § 2.]
5.10.100 Enforcement of chapter – Record of licenses issued and violations.
It shall be the duty of any police officer of the town to enforce this chapter. The chief of police or reporting officer shall report to the town clerk all arrests for violation of this chapter, and the town clerk shall maintain a record for each license issued and record the reports of violations therein. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-10.]
5.10.110 Exhibition of registration card.
Peddlers and solicitors are required to exhibit their original registration card at the request of any person. Exhibition of any copy or facsimile of the original shall not be considered in compliance with this chapter. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-11.]
5.10.120 Transfer of registration.
Repealed by Ord. 2009-18. [Ord. 1996-11; prior code § 11-2-12.]
5.10.130 Revocation of registration cards.
Registration cards under this chapter may be revoked by the town at any time, if deemed necessary in the interest of public safety and protection. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-13.]
5.10.140 Denial – Restriction – Suspension –Revocation.
A. Registration issued under the provisions of this chapter may be denied, restricted, suspended or revoked by the town clerk for any of the following causes:
1. Fraud, misrepresentation or material false statement contained in the application for license.
2. Fraud, misrepresentation or material false statement made in the course of carrying on the business.
3. Any violation of this chapter, town ordinance, or state or federal law.
4. Conviction of any felony or misdemeanor.
5. Conducting business 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.
6. The applicant has had a door-to-door sales license revoked within the previous year.
7. The applicant has employed or hired a person in connection with the applicant’s street vending business who has had his or her door-to-door sales license suspended or revoked within the previous year.
8. The applicant has employed or hired a person in connection with the applicant’s street vending business who does not have the required door-to-door sales license issued by the town of Sahuarita.
9. An applicant is not in compliance with STC 5.10.075.
B. In the event a registration card is revoked, the revocation shall be effective immediately and the applicant shall not conduct any business activity within the town.
C. To deny, suspend or revoke a license, the town clerk shall either hand-deliver to the licensee, or mail by certified mail to the licensee at the mailing address shown on the application or otherwise more recently of record with the town clerk, a written notice that the license is denied, suspended, or revoked. The cause of the denial, suspension, or revocation shall be set forth in the notice. Service shall be complete upon hand-delivery or, in the case of service by mail, five calendar days after mailing to the address of record. Such notice shall also advise that the licensee shall have 15 days to request a review hearing before the town manager or his or her appointee, for the purpose of determining whether the license should have been denied or revoked.
D. In the event the licensee requests a review hearing, the hearing shall be scheduled within 15 days of the request, and the licensee shall receive notice of the date, time and place of the review hearing by personal service or registered mail. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-14.]
5.10.150 Appeal.
A. Any person aggrieved by the denial of an application for license or by the restrictions placed upon the license or by the suspension or revocation of such license and who is not satisfied with the decision of the town manager or his or her designee shall have the right to an appeal before the town council. An appeal shall be taken by filing with the town clerk, within 15 days after the decision of the hearing officer, a written statement requesting an appeal, and setting forth fully the grounds for the appeal. If an appeal is not requested within such time limit, no appeal shall be granted, and the decision of the hearing officer will become final and binding. Such written statement of appeal must be delivered in person to the town clerk.
B. The town council shall hear the matter of the appeal at the next regularly scheduled meeting that provides sufficient notice to the licensee, and notice of such hearing shall be mailed to the appellant at least seven days prior to the meeting. Notice shall be deemed delivered upon mailing, whether received or not.
C. The decision and order of the town council on appeal shall be final. [Ord. 2009-18 § 2; Ord. 1996-11; prior code § 11-2-15.]