Chapter 5.20
PEDDLERS AND SOLICITORS
Sections:
5.20.010 Definitions.
5.20.020 License – Required.
5.20.030 License – Application – Fee.
5.20.040 License – Investigation and issuance.
5.20.050 License – Fees.
5.20.060 License – Exhibition.
5.20.070 License – Revocation.
5.20.080 Exemptions.
5.20.090 Violation – Penalty.
5.20.010 Definitions.
A. “Peddler” is defined as any person, either as principal or agent, who travels about from place to place, offering for sale, or soliciting consumers to purchase, wares which are carried for delivery at time of sale or services which are offered to be performed at that time, except for farmers or gardeners offering to sell any farm, garden, dairy or poultry product which was grown, raised or produced by them or under their husbandry.
B. “Solicitor” is defined as any person, either as principal or agent, who travels about, either on foot, by motor vehicle, or any other type of conveyance, moving from house to house or place to place, taking or attempting to take orders for the sale of wares or personal property of whatever nature for future delivery and/or service to be furnished or performed in the future, whether or not such person carries samples, and whether or not such person collects any advance payments, and this definition includes any person who occupies any stand or building or other place for the sole purpose of exhibiting samples and taking orders for future delivery. (Ord. 714 §§ 2, 3, 1983)
5.20.020 License – Required.
It is unlawful for any peddler or solicitor, as defined in this chapter, to engage in such activity within the City without first obtaining a license therefor in compliance with the provisions of this chapter. (Ord. 714 § 1, 1983)
5.20.030 License – Application – Fee.
A. Each person required to be licensed under this chapter must file with the Treasurer an application in writing, on forms provided, giving the following information:
1. Name and physical description of person;
2. Permanent home address and full local address of the applicant;
3. Brief description of the nature of the business and wares or services to be sold or performed;
4. The name and address of employer, together with credentials establishing the exact relationship;
5. If wares or services are for future delivery, the place where such wares are produced, the location of same at time of sale, and the method of delivery; and
6. A statement as to whether or not the applicant has been convicted of any federal, state or local crime, the nature thereof and the punishment therefor, if any.
B. At the time of filing the application fee as contained in the City’s most current approved Fee Code shall be paid to the Treasurer to cover the costs of investigation of the facts stated in each application. (Ord. 714 § 4, 1983)
5.20.040 License – Investigation and issuance.
A. Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant to be made as is deemed necessary for the protection of the public good.
B. If, as a result of such investigation, the applicant is found to pose a threat to the public health, safety or welfare because of his/her business or background, the Chief of Police shall endorse on such application the reasons for disapproval and return the application to the Treasurer, who shall notify the applicant that the application is disapproved and that no license will be issued. The decision of the Chief of Police may be appealed to the City Council by filing with the Treasurer within 14 days from the decision a written notice of appeal specifying the grounds for appeal.
C. If, as a result of such investigation, the applicant is found to be satisfactory, the approval of the Chief of Police shall be endorsed on the application and it shall be returned to the Treasurer who shall, upon payment of the prescribed license fee, deliver it to the applicant. Such license shall contain the signature of the issuing officer, the name and address of the business, the kind of goods to be sold, the amount of fee paid, the date of issuance, the length of time it shall be operative, the license number and other identifying description of any vehicle used in such business and the name of all parties to be covered by the license. The Treasurer shall keep a permanent record of all licenses issued. (Ord. 714 § 5, 1983)
5.20.050 License – Fees.
In addition to application fees, peddlers and solicitors shall pay an annual license fee as contained in the City’s most current approved Fee Code for residents of the City, and as contained in the City’s most current approved Fee Code for nonresidents of the City. (Ord. 714 § 6, 1983)
5.20.060 License – Exhibition.
Peddlers and solicitors are required to exhibit their license or a copy thereof at the request of any citizen. (Ord. 714 § 7, 1983)
5.20.070 License – Revocation.
A. Licenses issued under the provisions of this chapter may be revoked by the action of the City Council, after notice and hearing, for any of the following cases:
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 business as a peddler or solicitor; or
3. Any violation of this chapter.
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 the last known address at least five days prior to the date set for hearing.
C. Licenses issued under the provisions of this chapter may be temporarily suspended by the Chief of Police, pending the hearing upon personal delivery to the licensee of the notice of the hearing and of a written notice of temporary suspension pending the hearing signed by the Chief of Police. (Ord. 714 § 8, 1983)
5.20.080 Exemptions.
This chapter shall not be construed as applicable to salespeople calling on their retail or wholesale trade or persons engaged in advertising, insurance or newspaper sales or locally based nonprofit organizations as approved by the City Administrator. (Ord. 714 § 9, 1983)
5.20.090 Violation – Penalty.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $250.00. Each day that each violation occurs or is allowed to continue shall constitute a separate and independent violation. (Ord. 714 § 10, 1983)