Chapter 5.16
SOLICITORS AND CANVASSERS
Sections:
5.16.010 Permit and license requirement.
5.16.020 Canvasser or solicitor defined.
5.16.030 Permit and license—Application.
5.16.040 Permit and license—Investigation—Issuance—Contents of license.
5.16.050 License fees—Burden on interstate commerce.
5.16.060 Bond—Of whom required—Contents.
5.16.070 Exhibition of license.
5.16.080 Enforcement of chapter.
5.16.090 Records of violations.
5.16.100 Permit and license—Revocation—Grounds.
5.16.110 Appeal from disapproval of application.
5.16.120 Exemptions from chapter.
5.16.130 Fee exemption for religious organizations.
5.16.140 Penalty for violations.
5.16.010 Permit and license requirement.
It shall be unlawful for any solicitor or canvasser as defined in Section 5.16.020 of this chapter to engage in such business outside the corporate limits of any city or town in Chelan County without obtaining a permit and/or license therefor in compliance with the provisions of this chapter. (§ 1 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.020 Canvasser or solicitor defined.
A canvasser or solicitor is defined as any individual, whether resident of the County of Chelan, or not, who by telephone or traveling either by foot, wagon, automobile, motor truck, 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 service to be furnished forthwith or performed in the future, 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; provided, that such definition shall include any person who, for himself, or for another person, firm, or corporation, hires, leases, uses or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or any other place within the County for the sole purpose of exhibiting samples and taking orders for future delivery. (§ 2 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.030 Permit and license—Application.
Applicants for permit and license under this chapter must file with the Chelan County Auditor a sworn application in writing (in duplicate) on a form to be furnished by the Chelan County Auditor, which shall give the following information:
(a) Name and description of the applicant;
(b) Permanent home address and full local address of the applicant;
(c) A brief description of the nature of the business and the goods to be sold;
(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) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery;
(g) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the State of Washington, who will certify as to the applicant’s good character and business responsibility, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
(h) 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; and
(i) At the time of filing the application, a fee of Ten Dollars ($10.00) shall be paid to the Chelan County Auditor to cover the cost of investigation of the facts stated therein, if applicant is unknown locally, and not a bona fide resident of Chelan County, Washington. (§ 3 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.040 Permit and license—Investigation—Issuance—Contents of license.
(a) Upon receipt of such application, the original shall be referred to the Chelan County Sheriff, who shall cause such investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good.
(b) If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Chelan County Sheriff shall endorse on such application his disapproval and his reasons for the same, and return the said application to the Chelan County Auditor, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
(c) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chelan County Sheriff shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for, and return said permit, along with the application, to the Board of County Commissioners, who may, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signatures and seal of the Board of County Commissioners 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, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Chelan County Sheriff shall keep a permanent record of all licenses issued. (§ 4 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.050 License fees—Burden on interstate commerce.
(a) The license fee which shall be charged for such license, shall be the sum of Ten Dollars ($10.00) per calendar year or any part thereof.
(b) None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Chairman of the Board of County Commissioners for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six (6) months after, payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Board of County Commissioners may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Board of County Commissioners shall then conduct an investigation, comparing applicant’s business with other businesses of like nature and shall make findings of fact from which the Board shall determine whether the fee fixed by this chapter is unfair, unreasonable or discriminatory as to applicant’s business, and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, and if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Board of County Commissioners shall have the power to use the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Section 5.16.050(a) of this chapter. Should the Chairman of the Board of County Commissioners determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applicant’s business in the County of Chelan or at the end of each three (3) month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Section 5.16.050(a) of this chapter. (§ 5 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.060 Bond—Of whom required—Contents.
Every applicant, not a resident of Chelan County, or who, being a resident of Chelan County, represents a firm that does not have a permanent place of business in the State of Washington, shall file with the Board of County Commissioners, a surety bond running to the County of Chelan in the amount of One Thousand Dollars ($1000.00), with surety acceptable to and approved by the Board of County Commissioners conditioned that the said applicant shall comply fully with all the provisions of the ordinances of the County of Chelan, and the statutes of the state of Washington, regulating and concerning the business of solicitor and guaranteeing to any citizen of the County of Chelan that all money paid as a down payment will be accounted for and applied according to the representations of said solicitor. Action on such bond may be brought in the name of the County to the use or benefit of the aggrieved person. (§ 6 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.070 Exhibition of license.
Solicitors and canvassers are required to exhibit their licenses at the request of any citizen. (§ 7 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.080 Enforcement of chapter.
It shall be the duty of the Sheriff or any Deputy Sheriff of the County of Chelan to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor’s license or canvasser’s license and to enforce the provisions of this chapter against any person found to be violating the same. (§ 8 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.090 Records of violations.
The Sheriff shall report to the Board of County Commissioners all convictions for violation of this chapter and the Chelan County Sheriff shall maintain a record for each license issued and record the reports of violation therein. (§ 9 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.100 Permit and license—Revocation—Grounds.
(a) Permits and licenses issued under the provisions of this chapter may be revoked by the action of the Board of County Commissioners of the County of Chelan after notice and hearing, for any of the following causes.
1. Fraud, misrepresentation, or false statement contained in application for license;
2. Fraud, misrepresentation, or false statement made in the course of carrying on his business as solicitor or as canvasser;
3. Any violation of this chapter;
4. Conviction of any crime or misdemeanor involving moral turpitude; or
5. Conducting the business of soliciting, or of canvassing, 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 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 (5) days prior to the date set for hearing. (§ 10 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.110 Appeal from disapproval of application.
Any person aggrieved by the action of the Sheriff in the disapproval of a permit or license as provided in Section 5.16.040 of this chapter, shall have the right of appeal to the Board of County Commissioners, such appeal shall be taken by filing with the Board, within fourteen (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 Board 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 5.16.100 of this chapter for notice of hearing on revocation. The decision and order of the Board on such appeal shall be final and conclusive. (§ 11 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.120 Exemptions from chapter.
This chapter shall not be construed as applicable to insurance men, advertising salesmen or salesmen calling on the retail or wholesale trade; and, to encourage the dissemination of news and information, it shall not be construed as applicable to daily newspaper salesmen, whether subscriptions are taken, or not. (§ 12 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.130 Fee exemption for religious organizations.
Chelan County residents representing local religious organizations selling bibles, religious books or religious literature, are exempt from the payment of any fees under the terms of this chapter; but all such persons are included in, and subject to, the other provisions of this chapter. (§ 13 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.140 Penalty for violations.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars, or by imprisonment in the county jail not to exceed sixty days. (§ 14 of Res. 379-D, April 11, 1960 at Vol. B page 306).
5.16.150 Severability.
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 decision 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 invalidity of any part. (§ 15 of Res. 379-D, April 11, 1960 at Vol. B page 306).