Chapter 5.06
SOLICITORS AND CANVASSERS
Sections:
5.06.020 License and/or permit required.
5.06.030 Hawking prohibited—Exceptions.
5.06.040 Application filing—Requirements.
5.06.050 Application investigation—License issuance.
5.06.070 Fees—Adjustment when—Procedure.
5.06.080 Bond—Required when—Requirements.
5.06.090 License and/or permit—Possession and display requirements.
5.06.110 Information disclosure requirements.
5.06.120 Misrepresentation prohibited.
5.04.140 Premises entry—Restrictions.
5.06.160 Recordkeeping—City officer duties.
5.06.170 License and/or permit—Revocation when-Procedure.
5.06.200 License and/or permit—Not exclusive.
5.06.010 Definitions.
(a) “Canvasser” or “solicitor” means any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motortruck, or any other type of conveyance, from place to place, from house to house, or from street to street, selling or offering for sale, or attempting to take orders for sale of goods, wares and merchandise, or personal property of any nature whatsoever for immediate or future delivery, or for service to be furnished or performed immediately or 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 is collecting advance payments of such sales or not; provided that such definition includes any person who, for himself or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, booth, hotel room, lodginghouse, apartment, shop, or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
(b) “Hawkers” means every person, either as principal or agent, selling or offering for sale any goods, wares or merchandise, articles, things or personal property of whatsoever name, nature or description, except newspapers, by peddling the same from house to house, or upon any street, highway or public place, who makes public outcry, or gives any musical or other public entertainment or makes any public speech to draw customers or attract notice, is a “hawker” within the meaning of this chapter.
(c) “Home sales party” means a gathering in a private residence where goods, wares, merchandise, services, or anything of value, is sold or offered for sale, and where all persons attending as invited guests have been told, at least twenty-four hours prior to the gathering, that the purpose of such gathering is the solicitation of orders for, or sale of, such goods, wares, merchandise, services, or other things of value. (Ord. 615 § 1 (part), 1993).
5.06.020 License and/or permit required.
It is unlawful for any solicitor or canvasser, as defined in Section 5.06.010 to engage in such business within the corporate limits of the city without first obtaining a permit and/or license therefor in compliance with the provisions of this chapter. (Ord. 615 § 1 (part), 1993).
5.06.030 Hawking prohibited—Exceptions.
Hawking is unlawful in the city and any hawker is subject to a fine as set forth in this chapter, except that the mayor, by special permit, may allow worthy civic groups to engage in hawking for charitable purposes. (Ord. 615 § 1 (part), 1993).
5.06.040 Application filing—Requirements.
Applicants for a permit and license under this chapter must file with the city clerk a sworn application, in writing, in duplicate, on a form to be furnished by the city clerk, which shall give the following information:
(1) Name and description of the applicant;
(2) Permanent home address and full local address of the applicant;
(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 establishing the exact relationship;
(5) The length of time for which the right to do business is desired;
(6) The places where:
(A) The goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced,
(B) Such goods or products are located at the time the application is filed;
(7) The proposed method of delivery;
(8) The fingerprints of the applicant;
(9) Names of at least two reliable property owners of the state, who will certify as to the applicant’s good character and business responsibility, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
(10) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and
(11) At the time of filing the application, a fee of ten dollars shall be paid to the city clerk to cover the cost of investigation. (Ord. 615 § 1 (part), 1993).
5.06.050 Application investigation—License issuance.
(a) Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good.
(b) If, as a result of such investigation, the applicant’s character or business responsibility is found to be satisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. No refund shall be granted to any applicant.
(c) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval; execute a permit addressed to the applicant for the carrying on of the business applied for; and return the permit, along with the application to the city clerk who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license.
(d) Such license shall contain: the signature and seal of the issuing officer; shall show the name, address and photograph of the licensee; the class of license issued; and the kind of goods to be sold thereunder; the amount of fee paid; the date of issuance and the length of time the same shall be operative; as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing or peddling.
(e) The city clerk shall keep a permanent record of all licenses issued. (Ord. 615 § 1 (part), 1993).
5.06.060 Fees—Amount.
The license fee charged for such license shall be in addition to the regular business license of employing firms required by Chapter 5.04,and shall be the sum of twenty dollars per year. (Ord. 615 § 1 (part), 1993).
5.06.070 Fees—Adjustment when—Procedure.
(a) None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce.
(b) In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license fee.
(c) The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the mayor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce.
(d) The mayor shall then conduct an investigation, comparing applicant’s business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this chapter is unfair, unreasonable or discriminatory as to the applicant’s business, and shall fix as the license fee for the applicant’s business, and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory.
(e) If the fee has already been paid, order a refund of the amount over and above the fee so fixed.
In fixing the fee to be charged, the mayor shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Section 5.06.060.
(f) Should the mayor determine the gross sale measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of the applicant’s business in the city or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor; provided that no additional fee during any one calendar year shall be required after the license has been paid in an amount equal to the annual license as prescribed in Section 5.06.060. (Ord. 615 § 1 (part), 1993).
5.06.080 Bond—Required when—Requirements.
A. Every applicant not a permanent resident of the city for three months prior to application for the above license or who, being a resident of the county, represents a firm that does not have a permanent place of business in the state, shall file with the city clerk, a surety bond running to the city in the amount of one thousand dollars, with surety acceptable to and approved by the mayor, conditioned that the applicant shall comply fully with all the provisions of the ordinances of the city, and the statutes of the state, regulating and concerning the business of solicitors and canvassers and guaranteeing to any citizen of the city that all money paid as a payment or down payment will be accounted for and applied according to the representations of the solicitor and/or canvasser; and further guaranteeing that all property purchased from the solicitor and/or canvasser will be delivered according to the representations of the solicitor and/or canvasser.
B. Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved person. (Ord. 615 § 1 (part) 1993).
5.06.090 License and/or permit—Possession and display requirements.
Such license or permit issued in accordance with the terms of this chapter shall be carried at all times by each solicitor or canvasser for whom issued when he or she is soliciting or canvassing in the city, and shall be exhibited by any such solicitor or canvasser whenever he or she shall be requested to do so by any police officer or any person solicited. (Ord. 615 § 1 (part), 1993).
5.06.100 Hours of operation.
It is unlawful for any soliciting or canvassing to be conducted before the hour of eight a.m. of any day, or after the hour of eight p.m. of any day, without the specific prior consent of the prospective buyer. (Ord. 615 § 1 (part), 1993).
5.06.110 Information disclosure requirements.
(a) Each person engaged in soliciting or canvassing 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.
(b) It is unlawful for any canvasser or solicitor to make any assertion, representation or statement of fact which misrepresents the purpose for his call, or to use any plan, scheme, or ruse which misrepresents such purpose. (Ord. 615 § 1 (part), 1993).
5.06.120 Misrepresentation prohibited.
It is unlawful for any canvasser 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 any other thing of value, any assertion, representation, or statement of fact which is untrue, deceptive or misleading. (Ord. 615 § 1 (part), 1993).
5.06.130 Orders—Requirements.
All orders taken by licensed solicitors and canvassers shall be in writing, in duplicate, stating the name as it appears on the license, and the address of both the solicitor or canvasser and his employer, the terms thereof, and the amount paid in advance; and one copy shall be left with the purchaser. (Ord. 615 § 1 (part), 1993).
5.04.140 Premises entry—Restrictions.
Except when a person has the prior consent of the occupant of a residence, no person conducting canvassing or soliciting of any type shall go or remain upon the premises of a residence to conduct canvassing or soliciting after having been given notice orally or by a readily visible sign stating to the effect that the type of canvassing or soliciting conducted by the person is not desired. (Ord. 615 § 1 (part), 1993).
5.06.150 Enforcement.
It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his or her solicitor’s or canvasser’s license, and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 615 § 1 (part), 1993).
5.06.160 Recordkeeping—City officer duties.
A. The chief of police shall report to the city clerk all convictions for violations of this chapter;
B. The city clerk shall maintain a record for each license issued and record the reports of violation therein. (Ord. 615 § 1 (part), 1993).
5.06.170 License and/or permit—Revocation when—Procedure.
(a) Permits and licenses issued under the provisions of this chapter may be revoked by the action of the city council after notice and hearing, for any of the following causes:
(1) Fraud, misrepresentation, or false statement contained in the application for license;
(2) Fraud, misrepresentation or false statement made in the course of carrying on his or her business as solicitor or as canvasser;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving moral turpitude; or
(5) Conducting the business of soliciting or of canvassing 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 hearing for revocation of a license 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 licensee at his last known address at least fifteen days prior to the date set for hearing. (Ord. 615 § 1 (part), 1993).
5.06.180 Appeals—Procedure.
A. Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit or license as provided in Section 5.06.050, or the action of the mayor in the assessing of the fee as provided in Section 5.06.070, shall have the right of appeal to the city council.
B. Such appeal shall be taken by filing with the council, within fourteen days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal.
C. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.06.170 for notice of hearing on revocation.
D. The decision and order of the council on such appeal shall be final and conclusive. (Ord. 615 § 1 (part), 1993).
5.06.190 License—Expiration.
All annual licenses issued under the provisions of this chapter shall expire on the thirty-first day of December in the year when issued. Other than annual licenses shall expire on the date specified in the license. (Ord. 615 § 1 (part), 1993).
5.06.200 License and/or permit—Not exclusive.
The license and permits required by this chapter are in addition to any other license or permit required by the laws of the state or any other ordinance of the city. (Ord. 615 § 1 (part), 1993).
5.06.210 Exemptions.
This chapter shall not apply to:
(1) Home sales parties as defined in this chapter;
(2) Salesmen calling on wholesalers or retailers;
(3) Daily newspaper carriers, whether subscriptions are taken or not;
(4) Any farmer, gardener or other person selling, delivering or peddling any fruits, vegetables, dairy products, butter, eggs, fish, milk, poultry, meats or any farm products or edibles raised, caught, produced or manufactured by such person any place in this state;
(5) Any person selling or delivering milk or milk products or bakery goods produced or manufactured within this state, or furnishing to any person laundry and dry-cleaning services;
(6) Any member or members of a religious, charitable, health or welfare service or youth service organization selling or offering to sell goods or services in order to raise funds for the work of such organization and for no other purpose. (Ord. 615 § 1 (part) 1993).
5.06.220 Violation—Penalty.
Any violation or failure to comply with any of the provisions of this chapter shall subject the offender to a fine in a sum not to exceed five hundred dollars. (Ord. 615 § 1 (part), 1993).