Chapter 5.08
PEDDLERS AND SOLICITORS
Sections:
5.08.010 Purpose.
5.08.020 Definitions.
5.08.030 Permit and photo identification tag required – Exemptions.
5.08.040 Permit application.
5.08.050 Investigation of application – Issuance and denial of permit.
5.08.060 Fees.
5.08.070 Exhibition of photo identification tag.
5.08.080 Permit – Expiration.
5.08.090 Permit – Revocation.
5.08.100 Right of appeal.
5.08.110 Loud noises and speaking devices.
5.08.120 Use of streets.
5.08.130 Trespassing prohibited.
5.08.140 Hours.
5.08.150 Records.
5.08.160 Penalty for violation.
Legislative history: Ord. 94-347.
5.08.010 Purpose.
The purpose of this chapter is to establish reasonable time, place and manner restrictions on peddlers and solicitors in order to protect and promote the public health, safety, and welfare. This chapter recognizes that differences exist between persons who peddle and solicit for commercial and noncommercial purposes. It is not the intent of this chapter to regulate the content of speech or expressive activities. To that end, this chapter employs the least restrictive means necessary to serve its purposes.
5.08.020 Definitions.
A. "Peddler" means every person who shall sell, offer for sale or expose for sale, or who shall trade, deal or traffic in any personal property at retail in the city, including sales by sample or for future delivery, by going from house to house or from place to place, or by standing in a doorway, or in any unenclosed vacant lot or parcel of land, or in any other place not used by such person as a permanent place of business, or by approaching individuals; provided, however, that this definition shall not apply to any salesperson who solicits trade from wholesale or retail dealers in the city; and provided further, that this definition shall not apply to persons engaged solely in distributing newspapers, magazines or similar items but only if the subscription or purchase price has been fully paid in advance of the distribution or delivery date.
B. "Solicitor" means every person who shall seek charitable contributions, seek signatures on a petition, seek to disseminate information, seek to expound beliefs, or seek new members on behalf of any political, religious or charitable organization(s) or who distributes written or printed materials by going from house to house, or from place to place, or by standing in a doorway, or in any unenclosed vacant lot or parcel of land, or in any other place not used by such person as a permanent place of business, or by approaching individuals.
C. Unless the context clearly indicates otherwise, the words "peddler’s permit" or "permit" shall include both peddler and solicitor permits.
5.08.030 Permit and photo identification tag required – Exemptions.
A. Permit Required. No person, individual or entity shall engage in the activities of a peddler or solicitor within the city limits without first obtaining a peddler’s permit and a photo identification tag as provided by this chapter, unless specifically exempted as set forth below.
B. Exemptions. Except as otherwise set forth in this subsection, the following persons, individuals and entities shall be exempt from the permit and photo identification tag requirements of this chapter; provided, however, that the provisions of MCMC 5.08.110 (Loud noises and speaking devices), MCMC 5.08.120 (Use of streets), and MCMC 5.08.130 (Trespassing prohibited) shall apply in full force to every person so exempted:
1. Persons who solicit for or on behalf of candidates for political or elective offices, or for political purposes, and all persons canvassing votes or soliciting support on their behalf or for such causes.
2. Persons who solicit for or on behalf of religious organizations, or in pursuit of religious beliefs and activities.
3. Persons who solicit for or on behalf of charitable organizations.
4. Persons who solicit on behalf of organized soccer leagues, organized little leagues, Girl Scouts, Boy Scouts, or similar youth organizations.
5.08.040 Permit application.
A. Every person contemplating peddling or soliciting in the city of Mill Creek shall file with the city clerk a sworn application in writing on forms to be furnished by the city clerk, which shall give the following information:
1. Name and description of the applicant.
2. Photo identification.
3. Address (legal and local).
4. A brief description of the nature of the activity or business to be undertaken, the type and quantity of goods to be sold if applicable, and, in the case of products of farm or orchard, whether produced or grown by the applicant.
5. The name, address, and valid Mill Creek business license number of the employer.
6. The length of time for which the right to perform the activity or business is desired.
7. A description of every vehicle to be used, together with license number.
8. A statement as to whether or not the applicant has been convicted of any crime, including misdemeanors or violations of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor.
9. A nonrefundable fee shall be paid to the city clerk when the application is filed to cover the costs of investigation and photo identification tag; provided, that upon submission of proof of charitable or nonprofit status, the city clerk shall waive payment of this fee. The following shall be sufficient proof of charitable or nonprofit status:
a. A certificate of tax exempt status under 26 U.S.C. 501(c)(3).
b. Certified incorporation papers showing that the organization is nonprofit or charitable.
10. A permit fee as required by MCMC 5.08.060.
5.08.050 Investigation of application – Issuance and denial of permit.
A. The city clerk shall refer applications under this chapter to the police department, which shall make a criminal history background investigation of the applicant. Upon completion, the police department shall forward the results of the investigation, together with a recommendation for approval or denial, to the city clerk. The city clerk shall issue or deny a permit within five business days of receipt of the application from the applicant.
B. The city clerk shall deny the permit required by this chapter under the following conditions:
1. The applicant was convicted of any act which, if committed by a permittee, would be grounds for suspension or revocation of a permit.
2. The applicant was convicted of a misdemeanor or felony within the previous 10 years directly relating to the occupation of peddler or solicitor, including but not limited to misdemeanors or felonies involving fraud or misrepresentation.
3. The applicant previously was refused a permit under the provisions of this chapter; provided, however, that any applicant denied a permit under the provisions of this chapter may reapply if and when the reasons for denial no longer exist.
4. The applicant made any false or misleading statement in the application.
5. The employer of an applicant for a peddler’s permit does not hold a valid city of Mill Creek business license.
C. The city clerk shall issue a photo identification tag to all persons issued a permit under this chapter, unless denied under the criteria of this section.
5.08.060 Fees.
The application fee for a peddler’s permit shall be as provided in Chapter 3.42 MCMC. Replacement photo identification tags will be issued at a cost of $10.00 each.
5.08.070 Exhibition of photo identification tag.
Peddlers and solicitors shall prominently display their photo identification tag outside their clothing while conducting the activity regulated by this chapter.
5.08.080 Permit – Expiration.
All permits issued under the provisions of this chapter shall expire at the end of the calendar year issued.
5.08.090 Permit – Revocation.
A. Permits issued under the provisions of this chapter may be revoked by the city council after notice and hearing for any of the following causes:
1. Fraud, misrepresentation, or false statement contained in the application.
2. Fraud, misrepresentation, or false statement made in the course of carrying on the business or activity as peddler or solicitor.
3. Any violation of this chapter.
4. Conviction of a felony or misdemeanor within the previous 10 years directly relating to the occupation of peddler or solicitor, including but not limited to misdemeanors and felonies involving fraud or misrepresentation.
5. Conducting the business or activity of peddler or solicitor in any unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public, including, but not limited to, entering on property where the owner or occupant has clearly displayed signs that state "No Trespassing," "No Peddlers," "No Soliciting" or the like.
B. Notice of the hearing for revocation of a permit shall be given in writing to the address listed in the application, setting forth specifically the grounds of complaint and the time and place of hearing. In addition, the notice shall state that the permit of said peddler or solicitor shall be suspended and held by the city pending the outcome of said hearing. Such notice shall be mailed, postage prepaid, to the permittee at least five days prior to the date set for hearing.
C. The city clerk shall bear the burden of persuasion at the hearing. The decision and order of the city council on such appeal shall be final and conclusive.
D. Persons whose permits are revoked shall immediately forfeit their permit and photo identification tag to the city.
5.08.100 Right of appeal.
Any person aggrieved by the denial of an application or a decision to revoke a permit shall have the right to appeal to the superior court as provided in MCMC 1.20.010.
5.08.110 Loud noises and speaking devices.
A. Prohibited Acts. No peddler or solicitor nor any person on their 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 the sound emitted or produced therefrom is capable of being plainly heard upon the streets, avenues, alleys, parks or other public places.
B. Exemption. The provisions of this section shall not apply to persons operating properly licensed ice cream vending vehicles or the like.
5.08.120 Use of streets.
No peddler or solicitor shall have any exclusive right to any location in the public streets or any public place, nor be permitted a stationary location, nor be permitted to operate in any congested area where 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.
5.08.130 Trespassing prohibited.
No peddler or solicitor shall trespass, go upon or enter the property or premises of another where the owner or occupant has indicated his or her desire by prominently displaying signs that state "No Trespassing," "No Peddlers," "No Soliciting" or the like. Any person failing to comply with this section shall be in violation of this chapter and also shall be subject to criminal prosecution under RCW 9A.52.080.
5.08.140 Hours.
No person shall engage in the business or activity of peddler or solicitor between the hours of 6:00 p.m. and 9:00 a.m.
5.08.150 Records.
The police department shall report to the city clerk all convictions for violations of this chapter, and the city clerk shall maintain a record for each permit and photo identification tag issued and record the reports of violation therein.
5.08.160 Penalty for violation.
Any person failing to comply with any of the provisions of this chapter shall be subject to revocation or denial of this permit or photo identification tag issued under this chapter or license issued under Chapter 5.04 MCMC, if applicable, and in addition shall be guilty of a misdemeanor and upon conviction therefor shall be punished by a fine of up to $500.00.