Chapter 7.05
PEDDLER’S LICENSES

Sections:

7.05.010    License required.

7.05.020    Definitions.

7.05.030    Exemptions.

7.05.040    Applications.

7.05.050    Investigation.

7.05.060    Criteria for denial.

7.05.070    Issuance of license.

7.05.080    License fee.

7.05.090    Transfer.

7.05.100    Exhibition of license.

7.05.110    Revocation of license.

7.05.120    Appeal.

7.05.130    Selling by public outcry.

7.05.140    Penalty.

7.05.010 License required.

No person shall engage in business as a peddler or solicitor without first obtaining a license as provided by this chapter. [Ord. 290 § 1, 1987.]

7.05.020 Definitions.

(1) For the purposes of this chapter, the following words mean:

“Nonprofit organization” means a corporation, association, society, or other organization that is organized or associated on a nonprofit basis and that conducts its operations without the intent to produce profit. To obtain nonprofit status, an officer of the organization or association must file an affidavit of nonprofit status with the city recorder.

“Peddler” means a person who, as principal or agent of another, travels by any means from place to place, house to house, or street to street, offering or exposing goods, wares, merchandise or services for sale, or making sales and delivering articles to the purchaser.

“Person” means an individual, corporation, association, firm, partnership, joint stock company, or similar entity.

“Solicitor” means a person who, as principal or agent of another, travels by any means from place to place, house to house, or street to street, taking or attempting to take orders for sale of goods, wares, merchandise, or services, for future delivery or to be furnished in the future, regardless of the method of payment.

(2) The terms “peddler” and “solicitor” do not include those persons calling upon business firms, either in delivery of goods or soliciting orders for merchandise, goods, or services that are regularly handled or used by the business firms in their regular course of business. [Ord. 290 § 2, 1987.]

7.05.030 Exemptions.

This chapter shall not be interpreted to apply to milk, groceries, or other merchandise, deliveries or services ordered by a resident or sold by an area merchant and delivered to the purchaser as a service. [Ord. 290 § 3, 1987.]

7.05.040 Applications.

An applicant for a license shall submit an application to the recorder on a form furnished by the recorder. The application shall include the following information:

(1) The applicant’s true name, permanent address, and an address which the city may use for purposes of notifying the applicant.

(2) The true name and address of a person for whom the applicant is acting as an agent. If the applicant is acting as the agent of a corporation:

(a) The address of the registered officer of the corporation in Oregon; and

(b) The name and address of the registered agent of the corporation in Oregon.

(3) A description of the nature of the business operation the applicant will conduct.

(4) A description of the goods, wares, merchandise, or services the applicant will offer for sale.

(5) The location from which the applicant will operate.

(6) The length of time the applicant will conduct the business and the hours of operation.

(7) The past business experience of the applicant.

(8) Past criminal convictions involving unlawful trade practices as defined by ORS 646.608, fraud, or crimes involving moral turpitude.

(9) Known consumer complaints made to local or state consumer agencies. [Ord. 290 § 4, 1987.]

7.05.050 Investigation.

Upon receipt of an application, the recorder may investigate the applicant’s background to the extent necessary for the protection of the public interest. [Ord. 290 § 5, 1987.]

7.05.060 Criteria for denial.

The following are grounds for denial of a license:

(1) Any false or misleading information is supplied in the application or any information requested is omitted from the application;

(2) The applicant’s past or present violation of law or ordinance, including a violation that does not lead to a conviction, presents a reasonable doubt about the person’s ability to perform the licensed activity without danger to property or public health or safety; or

(3) The applicant has been the subject of an unreasonable number of consumer complaints in the last five years. [Ord. 290 § 6, 1987.]

7.05.070 Issuance of license.

(1) Within 15 days from the date that an application is made, the recorder shall approve or deny the application. Failure to act on an application within 15 days shall be considered an approval.

(2) If an application is denied, the applicant shall be furnished a written statement of the reason and a notice that an appeal of the decision may be made to the council.

(3) If an application is approved, the recorder shall issue a card for the licensee to carry while engaging in the activity covered by the license. The license shall contain the recorder’s signature and the name and address of the licensee, the kind of goods or services to be sold, the date of issuance, and the expiration date. The recorder shall keep a permanent record of all licenses for a period of two years from the date of issuance. [Ord. 290 § 7, 1987.]

7.05.080 License fee.

(1) Except as provided by this section, all persons applying for a license shall pay a nonrefundable application fee of $50.00. If an application is approved, issuance of an annual license shall be made after payment of a license fee of $35.00. Licenses may be renewed on an annual basis upon payment of a license fee in the amount of $15.00.

(2) No application fee or license fee shall be required of a person selling products of the farm or orchard actually produced by the seller, a newspaper carrier soliciting subscriptions, or a nonprofit organization making application on behalf of its members.

(3) All licenses run from January 1st to December 31st, inclusive. Licenses issued after July 1st shall pay one-half of the annual license fee. [Ord. 290 § 8, 1987.]

7.05.090 Transfer.

No license issued under this chapter may be transferred or assigned. [Ord. 290 § 9, 1987.]

7.05.100 Exhibition of license.

Peddlers and solicitors shall exhibit their license card at the request of any citizen. [Ord. 290 § 10, 1987.]

7.05.110 Revocation of license.

(1) Licenses may be revoked by the recorder after notice of hearing, for any of the following causes:

(a) Fraud and misrepresentation or false statement contained in an application for a license.

(b) Fraud and misrepresentation or false statement made in the course of carrying on the business as a peddler or solicitor.

(c) Any violation of this chapter.

(d) Conviction of any crime or misdemeanor involving moral turpitude.

(e) Conducting the business of peddling or soliciting in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public.

(2) Notice of hearing for revocation of a license shall be given in writing setting forth the grounds of the complaint and the time and place for the hearing. The notice shall be mailed, postage prepaid, to the licensee’s last known address at least five days prior to the date set for hearing. [Ord. 290 § 11, 1987.]

7.05.120 Appeal.

(1) A decision by the recorder to deny or revoke a license may be appealed to the city council by filing a notice of appeal at the recorder’s office within 14 days after notice of the original decision was mailed. The notice of appeal shall contain a written statement containing the grounds for the appeal.

(2) The council shall set a time and place for the hearing of the appeal, and notice of the hearing shall be given to the appellant in the same manner as for notice of a revocation hearing.

(3) The council’s decision shall be final. [Ord. 290 § 12, 1987.]

7.05.130 Selling by public outcry.

Hawking or displaying of goods in the public streets by public outcry is prohibited. [Ord. 290 § 13, 1987.]

7.05.140 Penalty.

A violation of a provision of this chapter is punishable by a fine not to exceed $500.00. Each day that a violation continues shall be considered a separate offense. [Ord. 290 § 15, 1987.]