Chapter 5.08
COMMERCIAL SOLICITORS AND ITINERANT MERCHANTS

Sections:

5.08.010    Definitions.

5.08.020    Exceptions.

5.08.030    License required.

5.08.040    License application.

5.08.050    License issuance or denial and appeal.

5.08.060    License fees, terms and transferability.

5.08.065    Repealed.

5.08.070    Revocation.

5.08.080    Enforcement.

5.08.090    Appeals.

5.08.100    Violation – Penalty.

5.08.010 Definitions.

A. A “commercial solicitor,” within the meaning of this chapter, means any person who offers for or exposes for sale or who trades, deals or traffics in any services, or sells any goods, wares, merchandise, subscriptions or personal property of any nature for immediate or future delivery, whether or not he is collecting advance payments on such sales or not, by going from house to house or from place to place or by indiscriminately approaching individuals.

B. An “itinerant merchant,” within the meaning of this chapter, means any person who, while selling or offering for sale any goods, wares, merchandise or anything of value, stands or is otherwise present in any unenclosed vacant lot, parcel or land, or in any other place not used by such person as a permanent place of business, with the exception of a person selling or offering for sale, in a manner consistent with applicable zoning ordinances and regulations, but not as a regular business, any goods, wares or anything of value on the property constituting that persons private residence.

C. A “charitable solicitor,” within the meaning of this chapter, means any person who makes any oral or written request for a contribution within the solicitors offer or attempt to sell any property, rights, service or other thing in connection which any appeals made for any charitable purpose, or in the name of any charitable organization is used in inducement for consummating the sale, or any statement made which applies that the whole or any part of the proceeds from the sale will be applied toward any charitable purpose or donated to any charitable organization. “Charitable organization” means any benevolent, philanthropic, patriotic eleemosynary, education, social recreation, fraternal or any other person having or purporting to have charitable nature, and which solicitors collect contributions for any charitable purpose. “Charitable” shall have its common law meaning unless the context in which it is used clearly requires a narrower or broader meaning. (Ord. 90-434 § 1, 1990)

5.08.020 Exceptions.

This chapter shall not apply to:

A. A farmer or gardener vending his own unprocessed farm products raised or grown exclusively upon lands owned or tenanted by him;

B. A dairy farmer vending milk, cream, eggs or the dairy products produced on lands owned or tenanted by him;

C. Vendors of printed materials, the chief aim of which is the dissemination of current news as distinguished from magazines or fictional writings;

D. City-wide central business district outdoor promotional sales which do not impede the free flow of traffic, create a hazardous situation or interfere with the conduct of private businesses in the neighborhood;

E. The selling of personal property at wholesale to dealers in such articles or commodities;

F. Private garage/yard and estate sales of an infrequent nature upon residential property owned or tenanted by that person conducting such sale. Limited to two sales annually for each particular parcel of property and each sale shall last no more than three days. (Ord. 14-778 § 1, 2014; Ord. 08-721 § 1, 2008; Ord. 90-434 § 2, 1990)

5.08.030 License required.

A. It is unlawful for any commercial solicitor, itinerant merchant or charitable solicitor, as herein defined to engage in such business within the corporate limits of the city without first having obtained a license in compliance with this chapter.

B. The license should be in the possession of any commercial solicitor, itinerant merchant or charitable solicitor at any time in which he is engaged in business activities herein defined. Further, he shall produce and exhibit such license at any time he is requested to do so by any person with whom he is engaging in business and business activity, or by any police officer of the city. (Ord. 90-434 § 3, 1990)

5.08.040 License application.

A. Commercial Solicitors License. Application form shall contain and the applicant shall furnish the following information:

1. Name of the applicant;

2. Permanent home address and telephone number and full local address and telephone number of applicant;

3. Brief description of the nature of the business and the goods to be sold;

4. If not self employed, the name and address of the employer;

5. A statement whether or not the applicant was ever convicted of any crime of any nature whatsoever;

6. Business certificate from the Tax Commission of the State of Washington or proof of application for such certificate;

7. Whenever applicable, a copy of applicants food handlers permit issued by the Asotin County health department;

8. Such credentials and other evidence of the applicant as the city clerk-treasurer may require for investigative purposes to determine the business and personal character of the applicant.

B. Itinerant Merchant License. Application shall contain and applicant shall furnish the following information: the application form shall be identical to application for commercial solicitors, except that itinerant merchant shall, in addition, furnish address or addresses of place or places where business is to be conducted.

C. Charitable Solicitors License. The applicant shall furnish a copy of the registration of the charitable organization. Applicant shall further furnish proof of compliance with Chapter 19.09 RCW, if requested by the city clerk-treasurer or member of city council. (Ord. 90-434 § 4, 1990)

5.08.050 License issuance or denial and appeal.

Each application for license shall be posted in the office of the city clerk-treasurer of the city at the Asotin City Hall, Asotin County, Washington, at least three days prior to the issuance of a license, during which time any resident or official of the city may file written objections to the issuance of the license, stating his or her objections. If no objection is made within the specified three-day posting period and all investigation by the city clerk-treasurer is satisfactorily completed the city clerk-treasurer shall issue the license as applied for. In the event objection shall be made or investigation by the city clerk-treasurer indicates the applicant to be unsatisfactory, the matter shall be placed before the city council at its next regular meeting following expiration of the three-day period and a public hearing shall be had thereon. If the council finds that the issuance of the license would be detrimental, or against the public health, welfare or safety, or that the application is fraudulent or misrepresented, the council may, at its discretion, deny issuance of license to the applicant. Appeal from any order denying the issuance of a license may be taken to the superior court of Asotin County, state of Washington, within 30 days of such denial. (Ord. 90-434 § 5, 1990)

5.08.060 License fees, terms and transferability.

A. Commercial Solicitor. Upon approval of the application provided herein, each commercial solicitor shall pay a license fee of $25.00 per day, or $100.00 per quarter, to obtain solicitor’s license, each person.

B. Itinerant Merchant. Upon approval of the application provided herein, each itinerant merchant shall pay a license fee of $15.00 per day, or $75.00 per quarter. Such license shall apply to the business and authorize the conduct of such business sales only at one temporary location. New application shall be made for any change of location.

C. Charitable Solicitor. Upon approval of the application as provided for herein, a no-charge annual license shall be issued to charitable solicitors in accordance with Chapter 19.09 RCW. (Res. 19-653, 2019; Res. 19-651, 2019; Ord. 09-747 § 1, 2009; Ord. 90-434 § 6, 1990)

5.08.065 Itinerant merchants prohibited.

Repealed by Ord. 14-778. (Ord. 07-708 § 1, 2007)

5.08.070 Revocation.

Licenses issued under the provision of this chapter may be revoked for cause, and revocation proceedings shall be initiated by written and verified complaint by any resident of the city, specifying in the complaint the cause or causes upon which he/she seeks the revocation. In the event the verified complaint states that the licensee is:

A. Violating the health, welfare or safety of the residents of the city;

B. That the merchandise sought to be sold or demonstrated or in fact sold, is misbranded, or is or has been misrepresented;

C. Fraud or misrepresentation contained in the application for the license;

D. Fraud, misrepresentation or false or misleading statements made in the course of conducting the licensed sale or solicitation;

E. Conviction, since the issuance of the license, of any crime involving moral turpitude;

F. Violation of the terms of this chapter;

then the city clerk-treasurer of the city of Asotin shall suspend said license pending the next meeting of the city council of the city of Asotin, and said city clerk-treasurer shall forthwith notify the chief of police of the city of Asotin of such suspension. Operations of the licensee while said license is suspended shall be deemed a violation of this chapter. At the next meeting of the city council of the city of Asotin succeeding such suspension, the council shall proceed to hear the complaint. Complainant must appear in person, and if the council finds from the evidence that said license should be revoked for any of the causes set forth herein, then said license may be revoked by resolution of said council; or the council may order said license reinstated for the term thereof. Appeal from any order denying or granting a revocation of any permit may be taken to the superior court of Asotin County, state of Washington, within 30 days after such revocation or refusal to revoke. (Ord. 90-434 § 7, 1990)

5.08.080 Enforcement.

It is the duty of any police officer of the city requiring any person soliciting to be duly licensed as a commercial solicitor, charitable solicitor, itinerant merchant, caterer or mobile vendor. The officer shall have the authority to require the individual to produce his license for inspection. (Ord. 90-434 § 8, 1990)

5.08.090 Appeals.

Appeals, if any, shall be given in writing within 30 days after the notice of the action complained of has been received. (Ord. 90-434 § 9, 1990)

5.08.100 Violation – Penalty.

Any person, firm or corporation violating any of the terms and conditions, sections or subsections of this chapter shall be guilty of a misdemeanor, the penalty for which misdemeanor shall be a fine of not more than $500.00 and/or incarceration of not more than 90 days. Every day upon which such violation shall occur, or upon which such violation shall continue shall constitute a separate offense. (Ord. 90-434 § 10, 1990)