Chapter 5.16
PEDDLERS AND SOLICITORS
Sections:
5.16.050 License – Application – Contents – Fee.
5.16.060 Investigation of application – License to be issued when.
5.16.080 Religious, charitable and nonprofit organizations.
5.16.090 Receipt or contract – Cancellation of transaction.
5.16.100 False, deceptive or misleading statements.
5.16.110 Disclosure of information – Misrepresentation prohibited.
5.16.120 Obstruction of street or sidewalk prohibited.
5.16.010 Purpose.
The purpose of this chapter is to provide for the licensing of peddlers and solicitors and to prescribe penalties for the failure to comply with the provisions of this chapter. (Ord. 1874, 2019; Ord. 1022 § 1, 1983).
5.16.020 Definitions.
When used in this chapter, the following terms shall have the following meanings:
A. “Hawker” includes every person, either as principal or agent, selling or offering for sale any goods, wares, merchandise, articles, things, or personal property of whatever name, nature, or description, by peddling the same from house to house, upon any street, highway, or public place, who shall make public outcry or give any musical or other public entertainment, to make any public speech to draw customers or attract notice.
B. “Peddler” includes any person, whether a resident of the city or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers.
C. “Solicitor” includes any person, whether a resident of the city or not, who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sales of goods, wares, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not the individual has, carries, or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders. Such definition includes any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies a building, motor vehicle, trailer, structure, tent, apartment, shop or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery; provided, that those persons soliciting orders for goods to be shipped interstate are not included. (Ord. 1874, 2019; Ord. 1759 § 2, 2012; Ord. 1022 § 2, 1983).
5.16.030 Exemptions.
A. The terms of this chapter shall not be held to include the acts of:
1. Persons selling personal property at wholesale to dealers in such articles;
2. Newsboys;
3. Persons conducting nonprofessional garage sales;
4. Farmers, gardeners or other persons insofar as their conduct is exempted or authorized by RCW 36.71.090 or any other Washington state statute;
5. Any “mobile vendor,” as that term is defined in chapter 5.30 BMC, that is also licensed under that same chapter.
B. Nothing in this chapter shall be construed to prohibit or limit any sale required by statute or any bona fide auction sale pursuant to law. (Ord. 1874, 2019; Ord. 1759 § 3, 2012; Ord. 1022 § 3, 1983).
5.16.040 License – Required.
It is unlawful for any peddler, hawker, solicitor or transient merchant, as defined in BMC 5.16.020, to engage in any business within the city without first obtaining a license therefor in compliance with the provisions of this chapter. The license required under this chapter is in addition to the business license that may be required under chapter 5.04 BMC. (Ord. 1874, 2019; Ord. 1022 § 4, 1983).
5.16.050 License – Application – Contents – Fee.
A. Applicants for a license under this chapter must file with the city clerk-treasurer a sworn application in writing on a form to be furnished by the city clerk-treasurer which shall give the following information:
1. Name and physical description of the applicant;
2. Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which the proposed sales will be made;
3. A brief description of the nature of the business and the goods to be sold;
4. If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship;
5. The length of time for which the right to do business is desired, including dates and times of operation;
6. The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time the application is filed, and the proposed method of delivery;
7. A recent photograph of the applicant which shall be approximately two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
8. The names of at least two property owners of Skagit County, Washington, who will certify as to the applicant’s good character and business respectability, or, in lieu of the references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to evaluate properly such character and business responsibility;
9. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor;
10. The last cities or towns, not to exceed three, where the applicant carried on business immediately preceding the date of application and the addresses from which such business was conducted in those municipalities.
B. At the time of filing the application, a fee in an amount determined by resolution of the city council shall be paid to the city clerk-treasurer to cover the cost of investigation of the facts stated therein. (Ord. 1874, 2019; Ord. 1688 § 3, 2009; Ord. 1022 § 5, 1983).
5.16.060 Investigation of application – License to be issued when.
A. The city clerk-treasurer shall institute such investigation of the application for such length of time as he deems necessary and shall be entitled to the assistance of the chief of police; provided, that the period of investigation shall not exceed seven days from the date application is made for such license.
B. If the result of such investigation is satisfactory, a license shall be issued to the applicant which must be used only by the person to whom issued.
C. Facsimile of Licenses for Employees. Each licensee which employs, hires, or engages others to act as peddlers or solicitors shall furnish as credentials to each employee, agent, independent contractor or other person peddling or soliciting for or on behalf of such licensee a facsimile copy of its license upon which shall appear the typed or printed name and address, and the signature of the person to whom such facsimile copy is issued. Such facsimile copies may be obtained from the city clerk-treasurer upon payment of the fee per copy in an amount determined by resolution of the city council. A licensee shall be responsible for the conduct and acts performed within the scope of employment or contract of any person peddling or soliciting for or on behalf of the licensee and shall maintain a list of all persons to whom facsimile copies of its license have been issued. It is unlawful for any licensee, or any person to whom such facsimile copy is required to be issued, to peddle or solicit without having in his possession such license or a facsimile copy thereof, which shall be shown to all prospective buyers, or to any police officer or licensed officer of the city upon the request of such officer. Such facsimile copies shall be nontransferable and shall at all times remain in the possession of the person to whom issued. Whenever any person to whom a facsimile copy has been issued by a licensee ceases to act as a peddler or solicitor for or on behalf of such licensee, notification thereof shall be given to the city clerk-treasurer by the licensee and the facsimile copy issued to such person shall be surrendered to the city clerk-treasurer by the licensee within two weeks of such notification. (Ord. 1874, 2019; Ord. 1688 § 4, 2009; Ord. 1022 § 6, 1983).
5.16.070 License – Fees.
The license fee for any of the licenses required under BMC 5.16.040 shall be in an amount set forth by resolution of the city council. The application fee established in BMC 5.16.050 paid to the city clerk-treasurer at the time the application is made as set out above shall be deemed to cover costs of investigation and shall in no event be returned even though the license is not granted; also, no credit shall be given on the license fee as herein set out for payment of the application fee. (Ord. 1874, 2019; Ord. 1688 § 5, 2009; Ord. 1132 § 2, 1988; Ord. 1022 § 7, 1983).
5.16.080 Religious, charitable and nonprofit organizations.
Any charitable, religious or nonprofit organization which has received tax exempt status under IRC paragraph 501(c)(3), 26 USCA 501 (c)(3), as adopted or hereafter amended shall be exempt from BMC 5.16.070 upon filing a copy of such tax exemption with the city clerk-treasurer. (Ord. 1874, 2019; Ord. 1022 § 8, 1983).
5.16.090 Receipt or contract – Cancellation of transaction.
A. Every sale made or order taken by a peddler or solicitor required to be licensed by this chapter shall be evidenced by a signed receipt, contract, or other signed memorandum of the transaction, which shall be given to the purchaser. Such receipt, contract, or memorandum shall state the date and terms of the transaction, the amount of any payment made, the name and address of the peddler or solicitor, and in immediate proximity to the space reserved in the contract for the signature of the buyer, or on the front page of the receipt if a contract is not used, and in bold face type of a minimum size of 10 points, the following notice:
NOTICE TO BUYER
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
The seller must furnish each buyer, at the time he signs any sales contract or otherwise buys or agrees to buy goods or services from the seller, a completed form in duplicate, captioned “NOTICE OF CANCELLATION,” which shall be attached to the contract, receipt, or memorandum and easily detachable and which shall contain in 10-point bold type the following information and statements in the same language (e.g., Spanish) as that used in such contract, receipt or memorandum:
NOTICE OF CANCELLATION
(enter date of transaction)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OF SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK. IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE SELLER OR IF THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO
(Name of Seller)
______________________________
AT ___________________________
(Address of seller’s place of business)
______________________________
NOT LATER THAN MIDNIGHT OF ________________
(Date)
I HEREBY CANCEL THIS TRANSACTION
________________
(Date)
________________
(Buyer’s Signature)
B. The sending of any such notice of cancellation within the specified period shall operate to cancel the purchase made or contract entered into, and the seller shall thereupon, without request, refund to the buyer any deposit or payment made, and in accordance with such notice of cancellation may reclaim from the buyer at the place of delivery any goods received by the buyer under such purchase or contract. (Ord. 1874, 2019; Ord. 1022 § 9, 1983).
5.16.100 False, deceptive or misleading statements.
It is unlawful for any peddler or solicitor to make or cause to be made, directly or indirectly, for the purpose of selling or procuring an order for the sale of any goods, wares, merchandise, services, or anything of value, any assertion, representation, or statement of fact which is untrue, deceptive or misleading. (Ord. 1874, 2019; Ord. 1022 § 10, 1983).
5.16.110 Disclosure of information – Misrepresentation prohibited.
Each person engaged in peddling or soliciting for the sale of goods or services at the residence of a prospective buyer, shall at the outset disclose to the prospective buyer his name and the company or product he represents, and if requested to do so shall immediately leave the premises. It is unlawful for any peddler or solicitor to make any assertion, representation or statement of fact which misrepresents the purposes for his call, or to use any plan, scheme, or ruse which misrepresents such purpose. (Ord. 1874, 2019; Ord. 1022 § 11, 1983).
5.16.120 Obstruction of street or sidewalk prohibited.
It is unlawful for any person, either selling, or offering for sale, any article, by peddling or soliciting in any place, to obstruct or cause to be obstructed, the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where any article is being sold or offered for sale. (Ord. 1874, 2019; Ord. 1022 § 12, 1983).
5.16.130 Violation – Penalty.
Any person who violates any of the provisions of this chapter shall be deemed guilty of a petty misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding $500.00. Each and every person guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Burlington is committed, continued, or permitted by any such person shall be punished accordingly. (Ord. 1874, 2019; Ord. 1022 § 13, 1983).