Chapter 5.06
SOLICITOR’S LICENSE
Sections:
5.06.010 Definitions.
5.06.020 License – Required – Exemptions.
5.06.030 License – Application.
5.06.040 Investigation of application – Issuance and denial of license.
5.06.050 Fees.
5.06.060 Exhibition of license.
5.06.070 Expiration.
5.06.080 Revocation or suspension of license – Grounds.
5.06.090 Appeal.
5.06.100 Loud noises, speaking devices.
5.06.110 Use of streets.
5.06.120 Hours.
5.06.130 Records.
5.06.140 Penalty for violation.
5.06.010 Definitions.
A “solicitor” is defined as follows:
A. Any person who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any personal property at retail in the City by going from house to house or from place to place or by indiscriminately approaching individuals;
B. Sales by sample or for future delivery, and executory contracts of sale by solicitors or peddlers, are embraced within the preceding subsection; provided, however, that this section shall not be deemed applicable to any salesman or canvasser who solicits trade from wholesale or retail dealers in the City;
C. Any person who, while selling or offering for sale, any goods, wares, merchandise or anything of value, occupies any vacant lot, parcel of land, or any other place not used by such person as a permanent place of business, shall be deemed a solicitor. (Ord. 1776 § 1, 1987).
5.06.020 License – Required – Exemptions.
A. No person or individual shall act as a solicitor within the City limits without first obtaining a license therefor as provided in this chapter.
B. The following persons are eligible for an exemption to the license requirements and fee provisions of this chapter:
1. Farmers who sell agricultural, horticultural or farm products which they have actually grown, harvested or produced, provided that this exemption does not apply to sale of firewood;
2. 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;
3. Newspaper subscription solicitors; provided, however, that any such person must first apply for an exemption on forms to be furnished by the Building Official, with the exception of newspaper subscription solicitors. Upon determination by the Building Official that such person is exempt from the license requirements of this chapter, a copy of the approved “application for exemption” shall be provided and must be carried by the person at all times the person is engaging in soliciting in the City. (Ord. 2387 § 1, 2004; Ord. 1776 § 1, 1987).
5.06.030 License – Application.
A. Applicants for a license under this chapter must file with the Building Official a sworn application in writing on a form to be furnished by the Building Official.
B. All applicants must supply the following information:
1. Name, home address, home telephone number, date of birth, valid driver’s license(s), vehicle description(s), and license plate number(s);
2. Name, business address, mailing address, and phone number of sponsor, employer or association which the solicitor is representing, if applicable;
3. Description of item(s) for sale;
4. Business references;
5. Whether or not the solicitor has ever been convicted of a crime related to the sale or representation of any goods, wares, merchandise or anything of value, and if so, the details thereof (i.e., burglary, theft or crimes against the person). (Ord. 2387 § 1, 2004; Ord. 1776 § 1, 1987).
5.06.040 Investigation of application – Issuance and denial of license.
A. The Building Official or designee shall verify the information included in the application.
B. After verifying the information contained in the application, the Building Official shall, upon payment of the prescribed fee, issue the license to the applicant. The Building Official shall deny a license if the applicant has:
1. Within the last 10 years been convicted of a felony related to the sale or representation of any goods, wares, merchandise or anything of value including burglary, felony theft, and felonies against the person;
2. Made any false or misleading statement in the application. (Ord. 2387 § 1, 2004; Ord. 1776 § 1, 1987).
5.06.050 Fees.
Solicitor’s license shall be $30.00 per year, plus $2.00 for each duplicate license. The fee for a renewal of a previously issued license shall be $20.00 per year; provided that the fee for an original license and renewal of a previously issued license for persons 18 years of age or under who are sole owners or shareholders of the business shall be $5.00. Such fees shall be paid at the time of filing the application. (Ord. 1776 § 1, 1987).
5.06.060 Exhibition of license.
Solicitors are required to exhibit their license at the time of any solicitation and upon request by a police officer. (Ord. 1776 § 1, 1987).
5.06.070 Expiration.
All licenses issued under the provisions of this chapter shall expire on June 30th of each year. (Ord. 1776 § 1, 1987).
5.06.080 Revocation or suspension of license – Grounds.
The Building Official may, at any time, suspend or revoke any license issued under the provisions of this chapter whenever the licensee, or any officer, employee or partner thereof:
A. Has violated any federal, state or city statute, law, regulation or ordinance in connection with the business stated in the license, whether or not the licensee, or officer or partner thereof, has been convicted in any court of competent jurisdiction of such violation; or
B. Is conducting or has conducted, engaged in or operated the business stated in the license which does not conform to the ordinances of the City; or
C. Has maintained or permitted the business stated in the license to be conducted, engaged in or operated in such manner as to constitute a public nuisance; or
D. Has made any material false statement or representation in connection with obtaining the license. (Ord. 2387 § 1, 2004; Ord. 1776 § 1, 1987).
5.06.090 Appeal.
A. Whenever the Building Official determines that there is cause for denial, suspending or revoking any license issued pursuant to this chapter, the Building Official shall notify the person applying for or holding the license by registered or certified mail, return receipt requested, of the Building Official’s determination. Notice mailed to the address on the application or license shall be deemed received 3 days after mailing. The notice shall specify the grounds for denial, suspension or revocation.
B. The licensee may appeal the decision of the Building Official to deny, suspend or revoke a solicitor’s license by filing a written notice of appeal to the City Administrator within 10 days of the Building Official’s decision, pursuant to the procedures established in Chapter 1.32 IMC. (Ord. 2387 § 1, 2004; Ord. 1776 § 1, 1987).
5.06.100 Loud noises, speaking devices.
No solicitor, nor any person in the solicitor’s behalf, shall shout, make any outcry, blow a horn, ring a bell, or use any sound device, including any loudspeaking radio or sound-amplifying system for the purpose of attracting attention to any goods, wares or merchandise which such solicitor proposes to sell. (Ord. 1776 § 1, 1987).
5.06.110 Use of streets.
No solicitor shall have any right to a stationary location in a public right-of-way. (Ord. 1776 § 1, 1987).
5.06.120 Hours.
No person required to obtain a solicitor’s license shall engage in the business of solicitation between the hours of 5:00 p.m. and 9:00 a.m. (Ord. 1776 § 1, 1987).
5.06.130 Records.
The police shall report to the Building Official all convictions for violations of this chapter, and the Building Official shall maintain a record for each license issued and record the reports of violation therein. (Ord. 2387 § 1, 2004; Ord. 1776 § 1, 1987).
5.06.140 Penalty for violation.
Any person failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties provided in Chapter 1.06 IMC. (Ord. 1776 § 1, 1987).