Chapter 9.11


9.11.010    Peddler defined.

9.11.020    License required – Exceptions.

9.11.030    Application – Fee.

9.11.040    Restrictions on place and time of peddling.

9.11.050    Aggressive solicitation.

9.11.060    Definitions.

9.11.070    Penalty.

9.11.010 Peddler defined.

“Peddler” for the purpose of this chapter shall be construed to include all persons, both principals and agents, who go from place to place, or house to house, carrying for sale, exposing for sale, or offering for sale, goods, wares, merchandise or services of any type. “Peddle” means to engage in such actions. (Ord. 1444 § 1, 2012).

9.11.020 License required – Exceptions.

A. It is unlawful for any peddler to peddle any goods, wares, merchandise or services without first obtaining a peddler’s license as provided for in this chapter.

B. Exceptions. No person shall be required to take out a license or pay a fee:

1. For the peddling of local newspapers;

2. For the peddling of fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state;

3. When that person, after having been specifically requested by another to do so, calls upon that other person for the purpose of displaying goods, literature or giving information about any article, thing, product or service; or

4. When that person is acting in his or her capacity as a member of a charitable, religious or nonprofit organization or corporation which has received tax-exempt status under 26 USC Section 501(c)(3) or other similar civic, charitable or nonprofit organizations. (Ord. 1444 § 1, 2012).

9.11.030 Application – Fee.

A. Every peddler, other than those exempt under this chapter, whether principal or agent, shall before commencing business in the city make application in writing on a form to be provided by the city of Bonney Lake. The application shall include an authorization allowing release of all criminal history record information to the Bonney Lake police department. All peddlers’ applications and licenses shall be processed and issued by the Bonney Lake police department.

B. At the time of filing the application at the Bonney Lake police department, a fee in the amount of $50.00 shall be paid to the city to cover the costs of investigation and processing the application. The permit is valid for a period of 180 days from the date of issuance.

C. The chief of police shall make a criminal history background investigation of the applicant.

D. If, as a result of the investigation, the applicant is not found to have committed any of the acts requiring denial as listed below, the Bonney Lake police department shall, upon payment of the prescribed fee, issue the license to the applicant. The city shall deny the applicant the license if the applicant has:

1. Committed any act consisting of fraud or misrepresentation;

2. Committed any act which, if committed by a licensee, would be grounds for suspension or revocation of a license;

3. Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to his or her fitness to engage in the occupation of peddler, and including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;

4. Been charged with a misdemeanor or felony of the type defined in subsection (D)(3) of this section, and disposition of that charge is still pending;

5. Been refused a license under the provisions of this chapter; provided, however, that any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; and

6. Made any false or misleading statements in the application.

E. All peddlers shall present for inspection upon demand by any city official or potential customer their peddler’s license and valid picture identification when selling.

F. The city is authorized to promulgate rules regarding the manner and method of payment, including a prohibition or regulation of payment by check.

G. The peddler’s license shall be endorsed with a statement of the type of product or service sold by the licensee. The license is valid only for the product or service specified. (Ord. 1495 § 1, 2014; Ord. 1444 § 1, 2012).

9.11.040 Restrictions on place and time of peddling.

A. No peddler shall engage or attempt to engage in the business of peddling at any home, residence, apartment complex or business that prominently displays a “No Peddlers” or “No Solicitors” sign or “No Trespassing” sign or any other similar sign that communicates the occupants’ desire to not be contacted by peddlers.

B. No peddler shall engage in the business of peddling between the hours of 9:00 p.m. and 9:00 a.m.

C. No peddler shall make any untrue, deceptive, or misleading statements about the product or services offered for sale.

D. No peddler shall make any untrue, deceptive, or misleading statement regarding the purposes of his/her contact with a potential customer. (Ord. 1444 § 1, 2012).

9.11.050 Aggressive solicitation.

A. It is unlawful for any person to engage in aggressive solicitation in any public place in the city, as those terms are defined by BMC 9.11.060.

B. It is unlawful for a parent or person entrusted with physical custody or responsibility of a child to engage in solicitation with a child present when utilizing a method that threatens or jeopardizes the immediate safety of the child, including but not limited to soliciting near heavy traffic or a busy highway. (Ord. 1551 § 1, 2016).

9.11.060 Definitions.

A. “Aggressive solicitation” means behavior that is intended to harass or intimidate, including (1) continuing to solicit from a person after the person has given unequivocal negative statements that they do not intend to donate; (2) blocking the passage of a person or vehicle for the purpose of solicitation in a manner that causes a traffic safety hazard, is harassing, or causes intimidation; (3) following a person for purposes of solicitation at a close distance where a reasonable person would be intimidated or in fear of their safety; or (4) standing in a public place and knocking on the window of a car in order to solicit from the occupant of a vehicle.

B. “Solicitation” means asking for money or goods.

C. To “intimidate” means to coerce or frighten into submission or obedience or to engage in conduct which would make a reasonable person fearful or feel compelled to give the person money or goods.

D. “Harass” means to create a hostile situation by uninvited and unwelcome verbal or physical conduct.

E. “Public place” means: (1) any public road, alley, lane, parking area, sidewalk, or other publicly owned building, facility or structure; (2) any public playground, school ground, recreation ground, park, parkway, park drive, park path or rights-of-way open to the use of the public; or (3) any privately owned property adapted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners, including the parking lot of a retail establishment. (Ord. 1551 § 1, 2016).

9.11.070 Penalty.

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor. (Ord. 1551 § 1, 2016; Ord. 1444 § 1, 2012. Formerly 9.11.050).