Chapter 5.20
SOLICITORS AND CANVASSERS

Sections:

5.20.010    Definitions.

5.20.020    Permit--Required.

5.20.030    Permit--Application.

5.20.040    Permit--Investigation of application--Issuance.

5.20.050    Permit--Revocation.

5.20.060    Violations--Criminal penalty.

5.20.070    Badges.

5.20.080    Reserved.

5.20.010 Definitions.

A "solicitor, canvasser, poll taker, persons taking orders, appointments, reservations, or extending invitations or passing script to future commercial events or activities" is defined as any individual, whether resident of the county or state or not, traveling 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 using the sidewalks or streets, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, taking of polls to determine popularity status, taking appointments or extending invitations to commercial events or activities to be held in the future and passing script or tokens to commercial events or affairs to be held 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 or she is collecting advance payments on such sales or not, or whether or not he or she advises the public the purpose of a poll, the taking of appointments or making of reservations, or the passing of script or tokens; 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 boxcar, hotel room, lodginghouse, apartment, shop, restaurant, saloon, or any other place within the unincorporated townships of Virginia City or Gold Hill for the purpose of exhibiting samples, taking orders, or redeeming script or tokens distributed or passed to the public on the streets or sidewalks in the unincorporated townships of Virginia City and Gold Hill. (Ord. 36 § 2, 1970)

5.20.020 Permit--Required.

It is unlawful for any solicitor, canvasser, poll taker, persons taking orders, appointments, reservations or extending invitations or passing script to future commercial events or activities as defined in Section 5.20.010 of this chapter, to engage in such business or activity within the unincorporated townships of Virginia City and Gold Hill without first obtaining a permit therefor, in compliance with the provisions of this chapter. (Ord. 36 § 1, 1970)

5.20.030 Permit--Application.

An applicant for a permit under this chapter must file with the county sheriff a sworn application in writing on a form to be furnished by the sheriff, 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 business, goods to be sold or activity of applicant;

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 conduct the business or activity 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 property are located at the time the application is filed and the proposed method of delivery;

G.    The place where script or tokens are to be redeemed;

H.    Two photographs of the applicant;

I.    An authorization to conduct an investigation into the applicant’s criminal history and an authorization signed by the applicant for the submission of the applicant’s fingerprints to the Federal Bureau of Investigations for a National Background check. The licensing authority shall fingerprint the applicant and shall submit a complete set of the applicant’s fingerprints in accordance with the applicant’s authorization, to the Central Repository for Nevada records of criminal history and to the Federal Bureau of investigations as authorized by NRS 239B.010(1)(a);

J.    A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of county ordinance, the nature of the offense and the punishment or penalty assessed there for; and

K.    At the time of filing the application, a fee of fifteen dollars shall be paid to the sheriff to cover the cost of investigation of the facts stated in the applicant. (Ord. 36 § 3, 1970) (Ord. No. 08-218, § 1, 9-2-2008)

5.20.040 Permit--Investigation of application--Issuance.

A.    Upon the receipt of the application, the sheriff shall cause such investigation of the applicant and his business and moral character to be made as he deems necessary for the protection of the public good.

B.    Upon the completion of the investigation, the application shall be delivered to the board of county commissioners.

C.    The board of county commissioners shall approve or disapprove the issuance of a permit to the applicant at its next regular meeting.

D.    If the application is approved, the board of county commissioners shall instruct the sheriff to execute a permit addressed to the applicant for carrying on the business or activity applied for. (Ord. 36 § 4, 1970)

5.20.050 Permit--Revocation.

A.    Permits issued under the provisions of this chapter may be revoked by the board of county commissioners after notice and hearing, for any of the following causes:

1.    Fraud, misrepresentation, or false statement contained in the application for a permit;

2.    Fraud, misrepresentation, or false statement made in the course of carrying on his business or activity as a canvasser, solicitor, poll taker, appointment or reservation maker, distributor of script or tokens;

3.    Conviction of any crime or misdemeanor involving moral turpitude; or

4.    Conduct of his activities 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 the revocation of a permit 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 permittee at his last known address at least five days prior to the date set for hearing. (Ord. 36 § 6, 1970)

5.20.060 Violations--Criminal penalty.

In addition to penalties provided regarding revocation of a permit, any person violating any provision of this chapter is guilty of a misdemeanor. (Ord. No. 13-249, § I, 10-1-2013; Ord. 167 § 5, 2000)

5.20.070 Badges.

The sheriff shall issue to each permittee at the time of delivery of his permit, a badge which shall contain the words "Solicitors permit" and the number of the permit. The badge shall be worn by the permittee at all times he engages in soliciting, canvassing or any activity set forth in Section 5.20.010 of this chapter. (Ord. 36 § 5, 1970)

5.20.080 Reserved.