Chapter 5.56
SOLICITORS AND PEDDLERS
Sections:
5.56.010 Definitions.
5.56.020 Permit and license required.
5.56.030 Permit—Application—Generally.
5.56.040 Permit for solicitors and peddlers—Application information.
5.56.050 Permit for soliciting funds— Application information.
5.56.060 Permit for soliciting information for commercial purposes— Application information.
5.56.070 Permit—Application— Information change notification.
5.56.080 Permit—Fee.
5.56.090 Permit—Nontransferability.
5.56.100 Permit and identification card— Display.
5.56.110 Permit—Applicant investigation—Issuance decision—Contents.
5.56.120 Permit—Term.
5.56.130 Permit—Denial—Notice.
5.56.140 Permit—Denial—Appeal.
5.56.150 Permit—Reapplication after denial.
5.56.160 Permit—Suspension or revocation—Grounds.
5.56.170 Permit—Suspension or revocation—Hearing.
5.56.180 Permit—Suspension or revocation—Appeal.
5.56.190 Permit—Investigation— Information provision.
5.56.200 Identification cards.
5.56.210 Loudspeaking or noise device use restricted.
5.56.220 Solicitation location restrictions.
5.56.230 Peddling from vehicles.
5.56.240 Hours restricted—Soliciting on prohibition-posted premises.
5.56.250 Solicitations for nonprofit purposes—Permit required.
5.56.260 False representation of information solicitation for governmental organization.
5.56.270 Threatening interviewee.
5.56.280 Chapter exemptions.
5.56.290 Permit—Requirement not exempt.
5.56.010 Definitions.
For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
A. “Conviction” means the entry of a plea of guilty or nolo contendere to a crime, a forfeiture of bail for a crime, or a finding of guilty of, or a conviction of, a crime when the time for appeal has elapsed or the judgment of conviction has been affirmed or appealed.
B. “Peddler” means any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meat, fish, vegetables, fruits, garden, truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, sells or offers the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance. “Peddler” includes “hawker” and “huckster.”
C. “Revocation” means that the permit is terminated with prejudice and that a new permit may not be obtained until the grounds for revocation cease to exist.
D. “Soliciting funds” means the requesting within the city of a contribution of funds for a charitable, religious, educational, community, recreational or similar nonprofit purpose by means of calling upon places of residence or by means of direct personal contact in public places or upon public property or peddling or soliciting by means of representation that all or a portion of the proceeds thereof are to be used for a charitable or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose.
E. “Soliciting information for commercial purposes” means requesting information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings or the like of another person for the purpose of compiling such information as raw data or refined data into a document, record, book or directory to be sold, or to be used wholly or in part for a commercial purpose.
F. “Solicitor” means any person, whether a resident of the city or not, traveling either by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, taking, or attempting to take, orders for sale of goods, wares and merchandise, personal property of any nature whatsoever, for future delivery, or for services, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not.
G. “Suspension” means that the permit is temporarily withdrawn with prejudice and is reinstated when the suspension period ends. (Ord. 110 § 1 (part), 1975: prior code § 7-401)
5.56.020 Permit and license required.
No person shall commence or engage in, act in the capacity of, advertise or assume to act in the business, occupation or activity of peddler or solicitor, nor shall any person commence or engage in, act in the capacity of, advertise or assume to act in the business, occupation or activity of soliciting funds or soliciting information for commercial purposes, without having first obtained a permit therefor as required under this chapter and a license therefor as required by this code. (Ord. 110 § 1 (part), 1975: prior code § 7-402)
5.56.030 Permit—Application—Generally.
Applications for a permit as required in this chapter shall be made to the chief of police at least fifteen days prior to the time of the proposed effective date of the permit; provided, however, that the chief, for good cause shown, may allow the filing of an application less than fifteen days before such date, and shall be sworn and in writing and shall contain the information required for the specific permit listed in Section 5.56.040 through 5.56.060 or, in lieu thereof, a detailed statement of reasons why such information cannot be furnished. (Ord. 232 § 1, 1981)
5.56.040 Permit for solicitors and peddlers—Application information.
A permit application for peddlers and solicitors shall contain for the following information:
A. The name, address or headquarters of the person applying for the permit;
B. If the applicant is not an individual, the names and the addresses of the applicant’s principal officers and managers;
C. A brief description of the nature of the business and the goods to be sold and, in case of products of farm or orchard, whether produced or grown by the applicant;
D. A description of all persons who will be engaged in the permitted activity;
E. The length of time for which the right to do business is desired;
F. If a vehicle is used a description of the same, together with state vehicle license number or other means of identification;
G. The fingerprints and two photographs of the applicant and all persons who will be engaged in the permitted activity taken within sixty days prior to the date of the filing of the application, which pictures shall be two inches by two inches, showing the head and shoulders of the subject in a clear and distinguishing manner;
H. A statement as to whether or not the applicant or any person who will be engaged in the permitted activity has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor; and
I. Such other information as the chief may deem necessary for the proper police protection of the residents of the city. (Ord. 232 § 2, 1981)
5.56.050 Permit for soliciting funds—Application information.
An application for a permit for soliciting funds shall contain the following information:
A. The name, address or headquarters of the person applying for the permit;
B. If the applicant is not an individual, the names and addresses of the applicant’s principal officers and managers and a copy of the resolution, if any, authorizing such soliciting of funds, certified to as a true and correct copy of the original by the officer having charge of the applicant’s records;
C. The purpose for which the soliciting of funds is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made for any receipts therefrom;
D. A specific statement, supported by reasons and, if available, figures showing the need for the contributions to be solicited;
E. The names and addresses of the persons by whom the receipts of such soliciting of funds shall be disbursed;
F. The names and addresses of the persons who will be in direct charge of conducting the soliciting of funds and the names of all promoters connected or to be connected with the proposed soliciting of funds;
G. An outline of the methods to be used in conducting the soliciting of funds;
H. The time when such soliciting of funds shall be made, giving the preferred dates for the beginning and the ending of such soliciting of funds;
I. The estimated amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such soliciting of funds, and the names and addresses of all such persons;
J. A financial statement for the last preceding fiscal year of any funds collected by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof;
K. A full statement of the character and extent of the charitable or other nonprofit work being done by the applicant within the city;
L. A statement that the actual cost of soliciting the funds will not exceed twenty-five percent of the total amount to be raised, or, in lieu thereof, a detailed statement as to the reasons why the costs will exceed twenty-five percent;
M. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city or by any department or officer thereof; and
N. Such other information as may be reasonably required by the director in order for him to determine the kind and character of the proposed soliciting of funds and whether such soliciting of funds is not inimical to the public welfare. (Ord. 110 § 1 (part), 1975: prior code § 7-403 (part))
5.56.060 Permit for soliciting information for commercial purposes—Application information.
An application for a permit for soliciting information for commercial purposes shall contain the following information:
A. The name, address or headquarters of the person applying for the permit;
B. If the applicant is not an individual, the names and addresses of the applicant’s principal officers and managers and a copy of the resolution, if any, authorizing such soliciting of information for commercial purposes, certified to as a true and correct copy of the original by the officer having charge of the applicant’s records;
C. The purpose for which the soliciting of information for commercial purposes is to be made and the use or disposition to be made of any information therefrom;
D. The names and addresses of the persons to whom the information solicited will be sent;
E. The names and addresses of the person who will be in direct charge of conducting this soliciting of information for commercial purposes, and the names of all promoters connected, or to be connected, with the proposed soliciting of information for commercial purposes;
F. An outline of the methods to be used in conducting the soliciting of information for commercial purposes;
G. The time when such soliciting shall be made, giving the preferred dates for the beginning and ending of such soliciting;
H. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city or by any department or officer thereof; and
I. Such other information as may be reasonably required by the director in order for him to determine that the kind and character of the proposed soliciting of information for commercial purposes is not inimical to the public welfare. (Ord. 110 § 1 (part), 1975: prior code § 7-403 (part))
5.56.070 Permit—Application—Information change notification.
If, while any application for a permit under this chapter is pending, or during the term of any permit issued under this chapter, there is a change in fact, policy or method that would alter the information given in the application, the applicant shall notify the chief in writing thereof within twenty-four hours after the change. (Ord. 232 § 3, 1981)
5.56.080 Permit—Fee.
A fee for a permit under this chapter shall be set by city council resolution to cover the costs of issuing such a permit and shall be in addition to any license fee required by this code. (Ord. 268 § 1, 1983: Ord. 110 § 1 (part), 1975: prior code § 7-404)
5.56.090 Permit—Nontransferability.
Unless otherwise provided, no permit issued under the provisions of this chapter shall be assigned or transferred in any manner, nor does it authorize any person other than the one therein mentioned to engage in the business, occupation or activity for which such permit was issued. (Ord. 110 § 1 (part), 1975: prior code § 7-405)
5.56.100 Permit and identification card—Display.
Each person having obtained a permit under the provisions of this chapter and each person engaged under the permit shall forthwith exhibit the same or the identification card issued pursuant to this chapter when engaged in the activity for which the permit was obtained and:
A. Request that the potential customer, contributor or interviewee read the same;
B. Inform the potential customer, contributor or interviewee in clear language of the nature and purpose of the visit;
C. Inform the interviewee in clear language of the nature and purpose of the soliciting of information and whether he is representing a governmental entity or whether he is representing a private person or organization; and
D. Inform the interviewee that he need not provide any or all of the information the solicitor requests. (Ord. 110 § 1 (part), 1975: prior code § 7-406)
5.56.110 Permit—Applicant investigation—Issuance decision—Contents.
A. The chief of police shall investigate each application for permit under this chapter and shall issue the permit prior to the proposed effective date of the permit unless he has cause for denying the permit. Grounds for denial shall be:
1. Fraud, misrepresentation or false statement in the permit application;
2. Conviction of any crime within the past five years where the trait shown is inconsistent with carrying on the business, occupation or activity for the benefit of the public;
3. The soliciting is, or will be, a fraud on the public;
4. The soliciting is not, or was not, prompted solely by a desire to finance the nonprofit cause described in the application; and
5. The cost of raising the funds is, or will be, unreasonable. Any such cost in excess of twenty-five percent of the amount collected is deemed unreasonable unless facts are presented which establish that the cost is reasonable under the particular circumstances.
B. Such permit shall contain the following information:
1. The name and address of the permittee;
2. The name of the business or the trade name of any product represented by the permittee;
3. A description of the business, occupation or activity engaged in;
4. The date of issuance;
5. The date the permit is effective;
6. The date of expiration; and
7. The state vehicle license number and other identifying description of the vehicle if the business, occupation or activity for which the permit is issued is conducted from or with such vehicle. (Ord. 232 § 4, 1981)
5.56.120 Permit—Term.
Permits issued pursuant to this chapter shall be valid for the period specified not to exceed ninety days, and no person shall conduct the permitted business, occupation or activity with an expired permit. The chief of police may reissue a permit according to the procedure for original issuance. (Ord. 232 § 5, 1981)
5.56.130 Permit—Denial—Notice.
If the chief of police denies the permit, written notice of findings and reasons for denial shall be sent to the applicant. (Ord. 232 § 6, 1981)
5.56.140 Permit—Denial—Appeal.
Any applicant denied a permit under this chapter may appeal the decision of the chief to the council.
Such appeal shall be taken within ten days of the mailing of the notice of denial by filing with the city clerk an appeal setting forth fully the grounds of such appeal.
The clerk shall set the matter for hearing by the council at the next regular meeting thereof which is five or more days after receipt of such appeal and shall notify the applicant of the time and date. The decision of the council shall be final. (Ord. 232 § 7, 1981)
5.56.150 Permit—Reapplication after denial.
An applicant whose application for a new or renewed permit has been denied may reapply for such permit after a period of not less than one year has elapsed from the date such denial became final. An earlier reapplication may be made if accompanied by satisfactory evidence that the ground or grounds for the denial of the application no longer exist. (Ord. 110 § 1 (part), 1975: prior code § 7-413)
5.56.160 Permit—Suspension or revocation—Grounds.
Any permit issued under this chapter may be revoked or suspended by the chief of police for the following reasons:
A. Fraud, misrepresentation or false statement in applying for a new or renewal permit;
B. Fraud, misrepresentation or false statement made in the course of carrying on the business, occupation or activity for which such permit was issued;
C. Any relevant violation of this code;
D. Conviction of any crime or misdemeanor involving moral turpitude;
E. Conducting the business, occupation or activity for which the permit was issued in an unlawful, unjust or inequitable manner or in such manner as to constitute a breach of the peace and a menace to the health, safety or morals or general welfare of the public; and
F. The applicant is committed or adjudged insane, mentally ill or incompetent by a court of competent jurisdiction until a subsequent adjudication of competency or restoration to capacity. (Ord. 232 § 8, 1981)
5.56.170 Permit—Suspension or revocation—Hearing.
A hearing shall be held to determine if a violation of this chapter has occurred or that grounds for the revocation or suspension of a permit issued under this chapter exist.
The permittee shall be notified of such hearing in writing. Such notice shall give the time and place of the hearing, shall set forth the specific violation or violations which are believed to have occurred or the ground or grounds upon which the permit might be revoked or suspended including a brief statement of the factual matters in support thereof, and shall be mailed, postage prepaid, to the permittee at his last-known address or delivered personally at least ten days prior to the date set for such hearing.
Based upon the evidence produced at the hearing, the director may issue a warning to the permittee or may suspend or revoke the permit.
Within ten days of the hearing, the chief shall make his decision and written notice of findings and reasons for his action taken shall be sent to the permittee. (Ord. 232 § 9, 1981)
5.56.180 Permit—Suspension or revocation—Appeal.
The holder of any permit revoked or suspended as provided in this chapter may appeal the decision of the chief to the council in the manner provided in Section 5.56.140 for appeal of the denial of the permit. (Ord. 232 § 10, 1981)
5.56.190 Permit—Investigation—Information provision.
Upon the request of the director of the department of public safety at any time before the permit is issued, during the time the permit is in effect, or after the permit has expired, an applicant shall make available to the director such nonpriviledged books, records and papers as may be required to investigate the matters relevant to the permit. (Ord. 110 § 1 (part), 1975: prior code § 7-417)
5.56.200 Identification cards.
The holder of any permit issued under this chapter shall furnish each person engaged in the permitted activity with a suitable identification card signed by the chief containing the following information:
A. The name of the permittee;
B. The name of the representative of the permittee;
C. The nature of the permitted activity;
D. The product or service being peddled or solicited;
E. The purpose of the funds being solicited, if applicable;
F. The purpose for which the information is being solicited, if applicable; and
G. A statement that the person being interviewed is not required to provide any or all of the information solicited. (Ord. 232 § 11, 1981)
5.56.210 Loudspeaking or noise device use restricted.
Without the prior approval of the chief of police, no person shall shout, make any outcry, blow a horn, ring a bell or use any sound device or musical instrument, including any loudspeaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city 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 solicitor or peddler proposes to sell. (Ord. 232 § 12, 1981)
5.56.220 Solicitation location restrictions.
No person shall have any exclusive right to any location in the public streets, nor shall be permitted a stationary location, nor shall be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purposes of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (Ord. 110 § 1 (part), 1975: prior code § 7-410(2))
5.56.230 Peddling from vehicles.
No person shall sell or offer for sale goods, wares or merchandise from vehicles upon any of the public streets of the city; provided however, that the prohibition contained in this section shall not include the peddling from door to door from vehicles of fresh food products of farm or garden, nor bona fide deliveries of goods, wares, merchandise or food made on a regular route to regular customers. (Ord. 110 § 1 (part), 1975: prior code § 7-410(3))
5.56.240 Hours restricted—Soliciting on prohibition-posted premises.
No person shall solicit or peddle from eight p.m. to nine a.m., or at any time when a sign has been posted on a building stating “NO SOLICITORS OR PEDDLERS,” except that a person may call upon the occupant of a residence at other times when he has received express prior permission from such occupant to do so. (Ord. 110 § 1 (part), 1975: prior code § 7-410(4))
5.56.250 Solicitations for nonprofit purposes—Permit required.
No person shall represent that all or a portion of the proceeds from such solicitation or peddling will be used for charitable, religious, educational, community, recreational, political or similar nonprofit purposes or are to be transmitted to any person, firm or corporation for any such purpose unless such person has a permit under this chapter. (Ord. 110 § 1 (part), 1975: prior code § 7-410(5))
5.56.260 False representation of information solicitation for governmental organization.
No person shall falsely represent, directly or by implication, that the information is being solicited on behalf of a governmental organization. (Ord. 110 § 1 (part), 1975: prior code § 7-410(6))
5.56.270 Threatening interviewee.
No person shall threaten, directly or by implication, that the information requested will be solicited from sources other than the interviewee if the interviewee does not provide the information. (Ord. 110 § 1 (part), 1975: prior code § 7-410(7))
5.56.280 Chapter exemptions.
The provisions of this chapter shall not apply to solicitations for political purposes or to solicitations from bona fide members of charitable, religious, educational, community, recreational, fraternal or similar nonprofit organizations by such organizations, except that no such solicitation shall be made in violation of the limitation of hours of limitation established in this chapter. (Ord. 110 § 1 (part), 1975: prior code § 7-418)
5.56.290 Permit—Requirement not exempt.
The permit required by this chapter is in addition to any license which may be required by this code or any other provision of law and shall be required regardless of whether the application claims exemption from such license requirement by virtue of involvement in interstate commerce. (Ord. 110 § 1 (part), 1975: prior code § 7-419)