Chapter 5.32
PEDDLERS
Sections:
5.32.010 Definitions.
5.32.020 Permit – Required – Exemptions.
5.32.030 Permit – Application.
5.32.040 Investigation of application – Issuance and denial of license.
5.32.050 Fees.
5.32.060 License – Exhibition.
5.32.070 License – Expiration.
5.32.080 License – Revocation.
5.32.090 Right of appeal.
5.32.100 Loud noises, speaking devices.
5.32.110 Use of streets.
5.32.120 Enforcement.
5.32.130 Records.
5.32.010 Definitions.
For the purposes of this chapter, the following words have the meanings ascribed to them in this section:
A. “Farmer” includes any farmer, gardener or other person actually engaged in the business of tilling the soil, seeding and caring for agricultural and horticultural plants and harvesting the same for his own profit, together with members of the household of such farmer.
B. “Peddler” includes 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, literature and/or printed material, meats, 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. One who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or device to evade the provisions of this chapter is a peddler subject to the provisions of this chapter. “Peddler” includes the words “hawker” or “huckster.”
C. “Person” includes the singular and plural and also includes any person, firm, or corporation, association, club, copartnership, or society, or any other organization. (Ord. 350 § 2, 1962).
5.32.020 Permit – Required – Exemptions.
A. No person or individual shall engage in the business of peddling within the city limits without first obtaining a permit therefor as provided in this chapter.
B. The provisions of this chapter shall not apply to the following persons:
1. Farmers who peddle agricultural, horticultural or farm products which they have actually grown, harvested or produced;
2. Any person who is specifically requested to call upon another for the purpose of displaying goods, literature or giving information about any article, thing or product;
3. Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 USC 501 (c) (3) or other similar civic, charitable or nonprofit organizations. (Ord. 891 §§ 1, 2, 1978; Ord. 350 §§ 1, 1.5, 1962).
5.32.030 Permit – Application.
Applicants for permit under this chapter must file with the city clerk a sworn application in writing (in duplicate) on a form to be furnished by the city clerk, which shall give the following information:
A. Name and description of the applicant;
B. Address (legal and local);
C. A brief description of the nature of the business and the goods to be sold, and, in the case of products of farm or orchard, whether produced or grown by the applicant;
D. If employed, the name and address of the employer, together with credentials establishing the exact relationship;
E. The length of time for which the right to do business is desired;
F. If a vehicle is to be used, a description of the same, together with license number or other means of identification;
G. A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;
H. The fingerprints of the applicant for the purpose of conducting a criminal history background check and either the names of at least two property owners in the county who will certify as to the applicant’s good character and business responsibility, or any other evidence as to the good character and business responsibility of the applicant; the applicant shall also execute an authorization allowing release of all criminal history record information to the police department;
I. A statement as to whether or not the applicant 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;
J. Applicant shall file with his application a statement by a reputable physician licensed to practice medicine in the state, dated not more than 10 days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable disease;
K. At the time of the filing of the application, a nonrefundable fee in an amount to be set by the city council by resolution shall be paid to the license officer, as defined in BMC 5.04.040, to cover the costs of investigation. (Ord. 1808 § 1, 2000; Ord. 891 §§ 3, 4, 1978; Ord. 350 § 3, 1962).
5.32.040 Investigation of application – Issuance and denial of license.
A. The city clerk shall refer the application to the chief of police, who shall make a criminal history background investigation of the applicant. Upon completion, the chief of police shall forward the results of the investigation, together with his recommendation for approval or denial, to the city clerk.
B. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the city clerk shall, upon payment of the prescribed fee, issue the license to the applicant. The city clerk shall deny the applicant the license if the applicant has:
1. Committed any act consisting of fraud or misrepresentation;
2. Committed any act which, if committed by a licensee, would be grounds for suspension or revocation of a license;
3. Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to the occupation of peddler, and including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;
4. Been refused a license under the provisions of this chapter; provided, however, than any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or
5. Made any false or misleading statement in the application. (Ord. 891 § 5, 1978; Ord. 350 § 4, 1962).
5.32.050 Fees.
Peddler’s license fees shall be as established by resolution of the city. The license fee shall be per person or individual and shall not be prorated for any portion of a year. (Ord. 1306 § 9, 1988; Ord. 891 § 6, 1978; Ord. 350 § 5, 1962).
5.32.060 License – Exhibition.
Peddlers are required to exhibit their license at the request of any citizen. (Ord. 350 § 8, 1962).
5.32.070 License – Expiration.
All licenses issued under the provisions of this chapter shall expire on the date specified in the license. (Ord. 350 § 13, 1962).
5.32.080 License – Revocation.
A. Permits and licenses issued under the provisions of this chapter may be revoked by the clerk after notice and hearing for any of the following causes:
1. Fraud, misrepresentation, or false statement contained in the application for license;
2. Fraud, misrepresentation, or false statement made in the course of carrying on his business as peddler;
3. Violation of this chapter;
4. Conviction within the previous 10 years of a felony or misdemeanor directly relating to the occupation of peddler, and including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;
5. Conducting the business of peddling in any 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 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 five days prior to the date set for hearing. (Ord. 891 § 7, 1978; Ord. 350 § 11, 1962).
5.32.090 Right of appeal.
Any person aggrieved by the action of the chief of police or the city clerk in the denial of an application for permit as provided in BMC 5.32.030 or in the decision with reference to the revocation of a license as provided in BMC 5.32.080 shall have the right to appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The council 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 BMC 5.32.080 for notice of hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive. (Ord. 350 § 12, 1962).
5.32.100 Loud noises, speaking devices.
No peddler, nor any person in his behalf, shall shout, make any outcry, blow a horn, ring a bell, or use any sound device, including any loud-speaking 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 licensee proposes to sell. (Ord. 350 § 6, 1962).
5.32.110 Use of streets.
No peddler shall have any exclusive right to any location in the public streets, nor shall he be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be conclusive as to whether the area is congested or the public impeded or inconvenienced. (Ord. 350 § 7, 1962).
5.32.120 Enforcement.
It shall be the duty of any police officer of the city to require any person seen peddling and who is not known by such officer to be duly licensed to produce his peddler’s license and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 350 § 9, 1962).
5.32.130 Records.
The chief of police shall report to the city clerk all convictions for violations of this chapter, and the city clerk shall maintain a record for each license issued and record the reports of violation therein. (Ord. 350 § 10, 1962).