Chapter 5.07


5.07.010    Definitions.

5.07.020    License required.

5.07.030    License fees – Transferability.

5.07.040    License application.

5.07.050    Remittance of license fee.

5.07.060    Investigation of applicants.

5.07.070    License issuance – Expiration date.

5.07.080    Carrying and exhibition of license.

5.07.090    License revocation.

5.07.100    Order taking requirements.

5.07.110    Exemptions.

5.07.120    Cancellation of transaction by buyer – Procedure.

5.07.130    Violations – Penalty.

*Cross reference(s) – Sales and use taxes, ch. 3.16; soliciting, peddling, etc., in parks and recreation areas prohibited, § 4.01.050.

State law reference(s) – House to house sales by minors, RCW 49.12.300 et seq.

5.07.010 Definitions.

Solicitor within the meaning of this chapter is to be defined to include:

1. Any person who shall sell, offer or expose for sale or who shall trade, deal or traffic in any services, magazines, periodicals or any other personal property at retail in the city, by going from house to house or from place to place or by indiscriminately approaching individuals. Sales by sample or for future delivery and executory contracts of sale are embraced within this chapter. This section shall not be deemed applicable to any salesman or canvasser who solicits trade from wholesale or retail dealers within the city;

2. Any person who while selling or offering for sale any goods, wares, merchandise or anything of value, stands or is otherwise present in a doorway, any unenclosed vacant lot, parcel of land, any street or public way, or in any other place not used by such person as a permanent place of business.

Master solicitor is a person or firm which employs or uses agents or employees who act as solicitors.

(Ord. No. 1585, § 2. Formerly Code 1986, § 5.14.010)

5.07.020 License required.

It shall be unlawful for any person to act as solicitor within the meaning of this chapter unless he and/or his employer shall have secured a license therefor in the manner provided by this chapter.

(Ord. No. 1585, § 3. Formerly Code 1986, § 5.14.020)

5.07.030 License fees – Transferability.

The license fees for solicitors and master solicitors shall be ten dollars ($10) for each calendar year or fraction thereof payable in advance for each master solicitor and two dollars ($2) for each calendar year or fraction thereof payable in advance for each solicitor listed and identified by such master solicitor and five dollars ($5) for each calendar year or fraction thereof payable in advance for each solicitor not certified under a master solicitor’s license application. Licenses issued hereunder shall not be transferable.

(Ord. No. 1585, § 4. Formerly Code 1986, § 5.14.030)

5.07.040 License application.

A. Any person desiring to secure a solicitor’s license shall apply in writing over his signature to the finance director and such application shall state as to each applicant:

1. The name and address of the applicant;

2. The length of service of such applicant with such employer;

3. The place of residence and nature of the employment of the applicant during the last preceding year;

4. The nature or character of the goods, wares, merchandise or services to be offered by the applicant;

5. The personal description of the applicant;

6. State tax commission registration certificate number;

7. Wherever applicable, a copy of applicant’s food handler’s permit issued by King County; and

8. Such credentials and other evidence of good moral character and identity of the applicant as may be reasonably required by the chief of police.

B. Any person or firm desiring to secure a master solicitor’s license shall apply in writing over his signature, or in the case of a corporation over the signature of any two (2) officers accompanied by an impression of the corporate seal of the applicant, to the finance director and such application shall contain the following:

1. Name and address of applicant;

2. Whether applicant is a corporation, partnership or proprietorship, and:

a. If a corporation, the names and home addresses of two (2) principal officers thereof, name and home address of the managing agent of the corporation office within the state nearest to the city; state of incorporation; if a foreign corporation, the name and mailing address of the resident agent for the state;

b. If a partnership, the name and home address of each partner;

3. Nature of character of the goods, wares, merchandise or service to be offered by the applicant;

4. Names and addresses of each solicitor agent of the applicant employed or active in the city and a complete physical description of such agent;

5. A statement that the applicant will be fully responsible for all agreements and acts of its solicitor agents listed in the application or subsequently certified to the finance director as being one (1) of its solicitor agents;

6. Attached to the application shall be the individual solicitor’s license application of each agent listed on the master solicitor’s application.

(Ord. No. 1585, § 5. Formerly Code 1986, § 5.14.040)

5.07.050 Remittance of license fee.

All applications shall be accompanied by the requisite license fee in cash, money order, bank draft or certified check.

(Ord. No. 1585, § 6. Formerly Code 1986, § 5.14.060)

5.07.060 Investigation of applicants.

It shall be the duty of the chief of police to review each application to determine the following information:

1. The existence of the employer or firm of each individual applicant;

2. The genuineness of all credentials presented by the applicant;

3. Whether the applicant or any solicitor agent listed on the application has a criminal record;

4. The truth of the facts set forth in the application;

5. Whether the applicant is engaged in a lawful and legitimate commercial or professional enterprise.

Such investigation must be completed within a reasonable time.

(Ord. No. 1585, § 7. Formerly Code 1986, § 5.14.070)

5.07.070 License issuance – Expiration date.

If the chief of police shall determine from his investigation that the facts set forth in the application are true, that the applicant is reliable, that his purpose is to engage in a lawful and legitimate commercial or professional enterprise, and that he has not been convicted of a crime involving moral turpitude, he shall approve the application and issue the license. Such license shall expire on the thirty-first day of December of the year in which such license shall have been issued. No license shall be issued until the conclusion of the aforesaid investigation.

(Ord. No. 1585, § 8. Formerly Code 1986, § 5.14.080)

5.07.080 Carrying and exhibition of license.

Such solicitor’s license shall be carried by the solicitor at all times when soliciting or canvassing in the city, and shall be exhibited by any such solicitor whenever he shall be requested to do so by any police officer or any person solicited.

(Ord. No. 1585, § 9. Formerly Code 1986, § 5.14.090)

5.07.090 License revocation.

Any license issued pursuant to this chapter may be revoked by the city for the violation of any of the laws or ordinances of the city or any state or federal law, or whenever such solicitor in the judgment of the city council ceases to possess the qualifications required by this chapter for the issuance of such license.

(Ord. No. 1585, § 10. Formerly Code 1986, § 5.14.100)

5.07.100 Order taking requirements.

All orders taken by licensed solicitors shall be in writing, in duplicate, stating the name of the solicitor, as it appears on the license, the solicitor’s permit number as issued under the provisions of this chapter, the address of both the solicitor and his employer, the terms of the order or agreement and the amount of money or checks paid to the solicitor. One (1) copy of such order or agreement shall be given to the purchaser.

(Ord. No. 1585, § 12. Formerly Code 1986, § 5.14.120)

5.07.110 Exemptions.

This chapter shall not apply to:

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

2. Merchandise sold completely through interstate commerce;

3. Youth-oriented groups; and

4. Any organization, association or corporation desiring to solicit or have solicited in its name, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for charitable, religious, patriotic or philanthropic purpose.

Any person or organization claiming the exemption of this section shall file with the finance director an affidavit setting forth facts sufficient to show the application of this section and the right to such exemption.

(Ord. No. 1585, § 15; Ord. No. 1918, § 1. Formerly Code 1986, § 5.14.130)

5.07.120 Cancellation of transaction by buyer – Procedure.

A. In addition to any other rights he may have, the buyer shall have the right to cancel a retail installment transaction for other than the seller’s breach:

1. If the retail installment transaction was entered into by the buyer and solicited in person by the seller or his representative at a place other than the seller’s address, which may be his main or branch office, shown on the contract;

2. If the buyer returns goods received or makes them available to the seller as provided in subsection (B)(1) of this section;

3. By sending notice of such cancellation to the seller at his place of business as set forth in the contract or charge agreement by certified mail, return receipt requested, which shall be posted not later than midnight of the third day (excluding Sundays and holidays) following the date the buyer signs the contract or charge agreement.

B. In the event of cancellation pursuant to this section:

1. The seller shall, without request, refund to the buyer within ten (10) days after such cancellation all deposits, including any down payment, made under the contract traded in to the seller on account or in contemplation of the contract less any reasonable costs actually incurred in making ready for sale of goods so traded in;

2. The seller shall be entitled to reclaim and the buyer shall return or make available to the seller at the place of delivery in its original condition any goods received by the buyer under the contract or charge agreement;

3. The buyer shall incur no additional liability for such cancellation.

(Ord. No. 1585, § 13. Formerly Code 1986, § 5.14.140)

State law reference(s) – Installment contracts, RCW 63.14.154.

5.07.130 Violations – Penalty.

Any person, firm or corporation violating the terms of this chapter shall, upon conviction, be fined in a sum not to exceed three hundred dollars ($300) and shall be subject to imprisonment not to exceed ninety (90) days, or both such fine and imprisonment for each offense. Every day during which such violations shall occur or continue shall constitute a separate offense.

(Ord. No. 1585, § 14. Formerly Code 1986, § 5.14.150)