Chapter 5.12
PEDDLERS, CANVASSERS, SOLICITORS AND TRANSIENT MERCHANTS
Sections:
5.12.010 License and Permit Required
5.12.040 Applications for License and Permit
5.12.050 Ice Cream Truck Vendors
5.12.060 Solicitation by Charitable, Religious, Patriotic or Philanthropic Organizations
5.12.080 Posting of License–Issuance of Identification Cards to Licensees and Agents
5.12.090 Location of Peddlers for Transaction of Business Regulated
5.12.100 Creation of Undue Noise Prohibited
5.12.110 Enforcement–Record of Licenses Issued and Violations Reported
5.12.120 Revocation of License and Permit
5.12.130 Appeal from Denial or Revocation of License–Notice and Hearing
5.12.140 Peddling on Posted Premises or Refusal to Leave Premises upon Request Prohibited
5.12.010 License and Permit Required
Subject to the provisions of ARS 3-563, it is unlawful for any peddler, solicitor, canvasser, transient merchant or itinerant vendor, as the same are herein defined, to engage in such business within the corporate limits of the City without first obtaining a permit and license therefor in compliance with the provisions of this chapter. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-18)
5.12.020 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
"Canvasser" or "solicitor" means any person, corporate or individual, or firm, whether resident of the City or not, who travels, or whose agents travel, either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, from street to street or business to business, taking or attempting to take orders for sale of goods, wares and merchandise, edible foodstuffs, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether collecting advance payments on such sales or not, provided, that such definition shall include any person or firm who, for himself or itself, or for another person or firm, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel room, lodging house, apartment, shop or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
"Peddler" means any person, individual or corporate, or firm, whether a resident of the City or not, who travels, or whose agents travel, by foot, truck, automobile or any other type of conveyance from place to place, from house to house, from street to street or business to business, carrying, conveying or transporting goods, wares, merchandise, edible foodstuffs 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, shall sell or offer the same from a wagon, truck, automotive vehicle, railroad car or other conveyance, and further provided, that persons or firms who solicit orders and as a separate transaction make delivery to purchasers as a part of the scheme of design to evade the provisions herein contained shall be deemed a peddler subject to the provisions herein contained. The word "peddler" shall include the words "hawker" and "huckster."
"Transient merchant," "itinerant merchant" or "itinerant vendor" means any person, corporate or individual, or firm, whether owner or otherwise, whether resident of the City or not, who engages, or whose agents engage, in a temporary business of selling and delivering goods, wares, merchandise, edible foodstuffs or provisions, within the City and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in a hotel, lodging house, apartment, shop or any street, alley or other place within the City for the exhibition and sale of such goods, wares, merchandise and edible foodstuffs, either privately or at public auction.
The person or firm so engaged shall not be relieved from complying with the provisions of this chapter merely by reasons of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of, or in the name of any such local dealer, trader, merchant or auctioneer. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-19)
5.12.030 Exemptions
The terms of this chapter do not include the acts of persons selling personal property at wholesale to dealers in such property, nor to newsboys, students on school class projects, boy scouts, girl scouts, local church groups, nor to acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this chapter prohibits any sale required by statute or by order of any court, or prevents any person from conducting a bona fide auction sale pursuant to law. This chapter excludes residents of the City engaged in food or novelty item sales. This chapter also excludes canvassers, solicitors and transient merchants who go door to door (house to house) from requirement that all sales must be done within the Commercial Zone of the City. (Also see Section 5.12.060.) (Ord. 1224 (part), 2014: Ord. 885 2002, Ord. 741 § 2 (part), 1997: prior code § 16-20)
(Manual, Amended, 08/05/2002; 885, Amended, 08/05/2002)
5.12.040 Applications for License and Permit
Applicants for the permit and license under this chapter must file with the Finance Director an application in writing on a form to be furnished by the City, which shall give the following information:
A. Name and description of the applicant; date of birth; social security number;
B. Address (legal and local); State sales tax number;
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 evidence 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, and Arizona registration information. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-21)
5.12.050 Ice Cream Truck Vendors
A. "Ice cream truck vendor" means any person, corporation, individual or firm, whether a resident of the City or not, who peddles, vends, sells, displays or offers to sell any frozen dairy or water based food product, either by foot, automobile, truck or any other type of conveyance, from place to place, from house to house, from street to street, or business to business.
B. Restrictions. Every ice cream truck vendor, as defined above, shall be limited to the sale of food items only, and shall not do business after seven p.m. or before nine a.m. Any vehicle used by an ice cream vendor shall be equipped with rear view mirrors on both sides of the exterior of the vehicle, which mirrors shall be at least six (6) inches by ten (10) inches in size. The vehicle shall also be equipped with an operational backup alarm. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-22)
5.12.060 Solicitation by Charitable, Religious, Patriotic or Philanthropic Organizations
Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise to persons other than members of such organizations upon the streets, in office or business buildings, by house-to-house canvass or in public places for a charitable, religious, patriotic or philanthropic purpose exclusively shall be exempt from the provisions of Sections 5.12.010 and 5.12.040; provided there is filed an application on a form to be furnished by the City Finance Director which shall give the following information:
A. Name and purpose of the cause for which the permit is sought;
B. Names and addresses of the officers and directors of the organization;
C. Period during which the solicitation is to be carried on;
D. Whether or not any commissions, fees, wages or emolument are to be expended in connection with such solicitation and the amount thereof.
Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, the Finance Director shall issue a permit without charge to such organization, association or corporation to solicit in the City. Such organization, association or corporation shall furnish all of its members, agents or representatives conducting solicitations identification cards stating the name of the organization, the name of the agent, and the purpose of the solicitation. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-23)
5.12.070 License Fees
All peddlers, solicitors, canvassers, transient merchants, itinerant merchants and itinerant vendors shall:
A. Submit application to the City (seventy-two (72) hour processing time).
B. Furnish fingerprints to be taken by City staff and a government issued photo identification for copying by City staff at the time of application.
C. Pay a one (1) time processing fee of twenty-five dollars ($25.00) for each peddler, solicitor, canvasser, transient merchant, itinerant merchant and itinerant vendor.
D. Pay a daily license fee of ten dollars ($10.00) or an annual fee of fifty dollars ($50.00).
E. Conduct all sales within the Commercial Zone of the City.
F. Provide written authorization from the property owner approving sales on the owner’s property. (Ord. 1282, 2017: Ord. 1224 (part), 2014: Ord. 885 2002, Ord. 741 § 2 (part), 1997: prior code § 16-24)
(Manual, Amended, 08/05/2002)
5.12.080 Posting of License–Issuance of Identification Cards to Licensees and Agents
The license issued to the individual or corporate licensees hereunder shall be posted in a conspicuous place if such licensees are using a vehicle or building. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-25)
5.12.090 Location of Peddlers for Transaction of Business Regulated
No licensee hereunder shall have any exclusive right to any location in the public street, nor shall he transact business within three hundred (300) feet of a public school ground, 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 section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-26)
5.12.100 Creation of Undue Noise Prohibited
No licensee 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 that is of such volume or duration as is considered a public nuisance. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-27)
5.12.110 Enforcement–Record of Licenses Issued and Violations Reported
It shall be the duty of any police officer and the City Inspector to enforce this chapter. The Chief of Police shall report to the City Council all convictions for violation of this chapter, and the Finance Director shall maintain a record for each license issued and record the reports of violation therein. (Ord. 1224 (part), 2014: Ord. 885 2002, Ord. 741 § 2 (part), 1997: prior code § 16-28)
(Manual, Amended, 08/05/2002)
5.12.120 Revocation of License and Permit
Permits and licenses issued under the provisions of this chapter may be revoked by the City Council after notice and hearing for any of the following causes:
A. Fraud, misrepresentation or false statement contained in the application for license;
B. Fraud, misrepresentation or false statement made in the course of carrying on his business;
C. Any violation of this section;
D. Conviction of any crime or misdemeanor involving moral turpitude;
E. Conducting business 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. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-29)
5.12.130 Appeal from Denial or Revocation of License–Notice and Hearing
Notice of the hearing for revocation of license shall be given in writing, by the City Clerk, setting forth specifically the ground 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.
Any person aggrieved by the denial of an application for license as provided herein or in the decision with reference to the revocation of a license shall have the right to appeal to the Council. Such appeal shall be taken by filing with the Council, 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 appeal. The Council shall set a time and place for a hearing on the appeal, and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-30)
5.12.140 Peddling on Posted Premises or Refusal to Leave Premises upon Request Prohibited
It is unlawful for any peddler, solicitor, canvasser or transient merchant, their agents or representatives to come upon any premises whereon a sign bearing the words "no peddlers" or "no canvassers" or "no solicitors" or any combination of such terms or terms similar thereto is exposed to public view, or to remain on any premises after having been requested to leave by the owner or occupant thereof, whether such premises is posted as above or not. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-31)
5.12.150 Violation–Penalty
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be deemed, upon conviction thereof, guilty of a Class 1 misdemeanor. Each day that such violation shall continue shall constitute a separate offense. (Ord. 1224 (part), 2014: Ord. 741 § 2 (part), 1997: prior code § 16-32)