Chapter 5.08
PEDDLER’S AND SOLICITOR’S PERMITS
Sections:
5.08.010 Permit required.
5.08.020 Exemptions.
5.08.030 Temporary permit.
5.08.040 Application/issuance of peddler’s/solicitor’s permit.
5.08.050 Issuance/denial of permit.
5.08.060 Peddler’s and solicitor’s application fee.
5.08.070 Location.
5.08.080 Appearance guidelines for a fixed location.
5.08.090 Unlawful noise.
5.08.100 Signs prohibiting peddling or soliciting.
5.08.110 Appeal of denial of temporary peddler’s permit or revocation of permit.
5.08.010 Permit required.
It is unlawful for any person to conduct any business which includes sales of goods or services to the general public as a peddler or solicitor without first obtaining and maintaining in effect a temporary peddler’s/solicitor’s permit. A permit card issued by the Community Development Department shall be kept at all times by any person conducting business as either a peddler or solicitor and shall be surrendered upon request of the Administrator or any police officer of the Town. When sales are conducted from a fixed location the permit and a copy of the state transaction privilege tax license shall be prominently displayed. (Ord. 09-325 § 2 (part))
5.08.020 Exemptions.
A person conducting sales required by statute, sales by order of any court or bona fide auction sales pursuant to Arizona law; and distributors and wholesalers shall be exempt from this chapter. Any nonprofit 501(c)(3) organization conducting sales shall also be exempt from this chapter. Outdoor sales or activities being conducted on a property directly related to the primary sales of a business located on the same property may be exempt from this chapter. All exemptions to this chapter are subject to Section 5.08.070(A). (Ord. 09-325 § 2 (part))
5.08.030 Temporary permit.
A temporary permit may be issued to person(s) operating as peddlers or solicitors for a limited time as determined by the Administrator, but in no case greater than ten (10) consecutive days from the date of issuance. Between May 1st and September 30th no person(s) operating as peddlers or solicitors may be issued more than one temporary permit. In no case shall person(s) operating as peddlers or solicitors receive more than three (3) temporary permits within any one-year period. The time restriction or expiration date shall be clearly stated on the temporary permit. (Ord. 09-325 § 2 (part))
5.08.040 Application/issuance of peddler’s/solicitor’s permit.
Any person applying for a temporary peddler’s/solicitor’s permit shall submit an application to the Community Development Department at least forty-five (45) days prior to the commencement of sales with the following information:
A. Application for a peddler’s/solicitor’s permit shall be made on forms and in the manner prescribed by the Community Development Department.
B. The peddler’s/solicitor’s permit application shall include all of the following information and such other information as the Department deems reasonably necessary:
1. Name of business.
2. Name of applicant and relationship to the business or entity.
3. Date of birth.
4. Social Security number.
5. Complete street and mailing addresses of each business location(s).
6. The person’s telephone number.
7. A brief description of the nature and type of the business.
8. Two (2) recent photographs of the applicant (two (2) by two (2) inches).
9. A list of chemicals or other hazardous materials or hazardous wastes which will be used or stored by the business.
10. Complete description including make and model, license plate state and number, vehicle identification number (VIN) and other identifying characteristics of any vehicle(s) used in the business.
11. The type of business entity. If the business is a corporation or limited liability company, the state where formed and the statutory agent’s name and address.
12. List of officers/owners/managers of the business, with their dates of birth, Social Security numbers, and legal addresses.
13. The length of time up to ten (10) days for which the right to do business is desired.
14. The Federal Employer Identification Number and a copy of the state transaction privilege tax license.
15. If the business specified in this chapter is subject to a certificate of health or sanitary examination, the applicant shall produce such certificate or permit from the Navajo County Health Department, as provided for in Arizona Revised Statutes, Title 36, Chapter 1, Article 2 and applicable Navajo County ordinances, as amended. This section shall also apply to all new or remodeled restaurants, bars or other businesses which serve food to the public located within the Town limits.
16. Where any business specified in this chapter is subject to other federal, state or local licensing, registration or permit requirements, i.e., professional, medical, technical, contractors, real estate, etc., the applicant shall produce such license, registration or permit from the appropriate federal, state or local governmental authorities.
17. If sales are to be conducted from a fixed location the applicant shall provide a drawing showing the location of sales booths, parking, and circulation that identifies a distance of at least fifteen (15) to twenty (20) feet between any vehicular traffic and the booth, and a letter from the property owner authorizing use of property for temporary sales and acknowledging the property owner’s potential liability.
18. Fixed location sales may only be conducted in the C-1 zoning district, and shall conform to all setback and parking standards for the zoning district in which it is located.
19. Signs used in conjunction with sales by peddlers and/or solicitors shall conform to the requirements of the Town sign regulations, Chapter 17.108.
20. Proof acceptable to the Administrator, including documentation that the person collects, reports and pays taxes for sales made within the Town.
C. Upon receipt of a completed peddler’s/solicitor’s permit application, the Community Development Department shall:
1. Promptly notify the Police Department to fingerprint the pending applicant(s), after which the fingerprints shall be sent to the Arizona Department of Public Safety to complete an annual background check on the applicant(s).
2. Promptly give notice to the appropriate fire district providing fire protection services to the area where the peddler/solicitor will be working.
3. The Community Development Department shall conduct other necessary investigation for the protection of the public good. If, as the result of information received from the applicant, the Police Department, the fire district or as a result of the Department investigation, the Administrator determines that the granting of the permit would be detrimental to the public health, welfare or safety, the application shall be denied. (Ord. 09-325 § 2 (part))
5.08.050 Issuance/denial of permit.
After receiving and reviewing the information required by Section 5.08,040, the Administrator shall issue or deny the temporary peddler’s/solicitor’s permit within forty-five (45) working days along with the reason(s) for any denial. The Community Development Department shall keep a record of all permits issued or denied for a period of one year after the date of the application. If as a result of the background check, it is determined that any of the following items exist, the applicant shall be denied:
A. Has been convicted of a crime involving moral turpitude, burglary, robbery, or theft as defined in the Arizona Revised Statutes or a crime of violence in any state or federal jurisdiction within the seven (7) year period immediately preceding the filing of the application.
B. Has been convicted of a crime, the essential elements of which consisted of fraud, misrepresentation, or theft by false pretenses in any state or federal jurisdiction within the seven (7) year period immediately preceding the filing of the application.
C. It is determined that the applicant(s) did not pay their sales taxes from previous sales made within the Town. (Ord. 09-325 § 2 (part))
5.08.060 Peddler’s and solicitor’s application fee.
A. Temporary Permit. Any person applying for a temporary peddler’s/solicitor’s permit as required by this chapter shall submit the application along with an application fee, as established from time to time by resolution of the Town Council. The initial application fee and temporary permit shall be three hundred dollars ($300.00) which includes fingerprints and an annual background check. Additional permits shall be fifty dollars ($50.00). (Ord. 09-325 § 2 (part))
5.08.070 Location.
It is unlawful for any peddler or solicitor to conduct business in the following manner:
A. On any public property, within any public right-of-way or within any portion of a public street, access, lane, or public easement without the Town’s express written permission.
B. On any public school grounds without the express written permission of the school district.
C. In any congested area where the peddlers or solicitors may impede or inconvenience the public.
D. No more than two (2) peddler’s permits will be issued at any time for any commercially zoned property. Three (3) or more peddler’s permits on a commercially zoned property requires a special event permit; see Chapter 5.12. (Ord. 09-325 § 2 (part))
5.08.080 Appearance guidelines for a fixed location.
A. One (1) white ten (10) by ten (10) gazebo enclosed on three sides per peddler.
B. Boxes and other items used to get products to the site must be hidden from view.
C. Gazebos must be taken down when sales are not conducted on consecutive days.
D. Trailers and box trucks may be used for sales provided they are approved by the Community Development Director based on appearance guidelines. (Ord. 09-325 § 2 (part))
5.08.090 Unlawful noise.
No peddler or solicitor, nor any person in his/her behalf, shall shout, make loud noise, cry out, blow a horn, ring a bell or use any sound device, including any loudspeaker radio or sound amplifying system upon any of the streets, alleys, parks and other public places of the Town 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 the licensee proposes to sell. (Ord. 09-325 § 2 (part))
5.08.100 Signs prohibiting peddling or soliciting.
It shall be a violation for a peddler or solicitor in the course of business to ring the doorbell or knock at any building whereon any of the following signs is exposed to public view: no peddlers, no solicitors or canvassers, no transient merchants, no soliciting or no trespassing or any other sign which has similar words or intent. (Ord. 09-325 § 2 (part))
5.08.110 Appeal of denial of temporary peddler’s permit or revocation of permit.
Any person who wishes to dispute either the denial or revocation of a permit, or the determination that they are liable for any fees under this article, may do so by submitting a request for an administrative review hearing in writing no more than ten (10) days after the denial, revocation or fees charged. The Town and the person disputing the denial, revocation or fee shall be given notice of the hearing and an opportunity to be heard. The hearing officer shall establish rules of administration and procedure to ensure the fair and orderly conduct of hearings held pursuant to this section. (Ord. 09-325 § 2 (part))