Chapter 5.56SOLICITORS AND PEDDLERS

Sections:

5.56.010
Regulation of Solicitors and Peddlers.
5.56.020
Solicitor or Peddler Defined.
5.56.030
General Licensing Regulations Referenced.
5.56.040
License Fee, Term and Limitations.
5.56.050
Exemptions.
5.56.060
Restrictions on Soliciting.
5.56.070
Contents of License Application.
5.56.080
Investigation by Law Enforcement Official.
5.56.090
Bond Required.
5.56.100
Alternate Form of Employer's Bond.
5.56.110
Orders Taken by Solicitors or Peddlers.
5.56.120
Carrying License Required.
5.56.130
Immediate Disclosure of Nature of Business Required.
5.56.140
Misrepresentation of Facts.
5.56.150
Receipt - Contents - Notice of Cancellation.
5.56.160
Peddling Flags, Emblems or Insignia of United Sates, Washington State, County, City or Fraternal Organizations Prohibited.
5.56.170
Sale of Prize Packages Prohibited.
5.56.180
Use of Motor Vehicle - Liability Insurance Required.
5.56.190
Unlawful to Blockade Streets While Peddling.
5.56.010Regulation of Solicitors and Peddlers.

The City Council finds that the public health, safety and welfare requires that the citizens of the City be provided with information relating to persons and organizations who solicit and peddle within the City, that such activities be regulated, and that the citizens of the City be protected from deceptive and dishonest practices. (Ord. 173 § 1 (part), 1998.)

5.56.020Solicitor or Peddler Defined.

A “solicitor” or “peddler” is defined as any person, either as a principal or agent, who goes from place to place within the City, and who:

A. Sells, takes orders for, or offers to sell, any goods, wares or merchandise whether or not collecting in advance for such goods, wares or merchandise; and/or

B. Sells, takes orders for, or offers to sell services, whether or not collecting in advance for such services; and/or

C. Seek contributions or donations to private causes, as opposed to tax-exempt charities; or

D. Seeks opinions, preferences or other information for commercial purposes. (Ord. 173 § 1 (part), 1998.)

5.56.030General Licensing Regulations Referenced.

The licensing regulations applicable to solicitors and peddlers as set forth in this Chapter shall be in addition to and supplemented by the general licensing provisions of Chapter 5.02 of the City Code, to the extent that the provisions of Chapter 5.02 are not in specific conflict with the provisions hereof. The provisions of Chapter 5.02 are thus incorporated herein by this reference as if fully set forth. (Ord. 173 § 1 (part), 1998.)

5.56.040License Fee, Term and Limitations.

A. Any person seeking to engage in business as a solicitor or peddler shall file a written application for such license with the City on a form provided by the City Manager or designee.

B. The fee for a solicitor or peddler license shall be in accordance with LMC 3.20.010, the fee schedule, at least one copy of which shall be kept on file in the Office of the Lakewood City Clerk.

C. Each license issued under the provisions of this chapter shall expire one year from the date of issuance by the City, unless renewed. Upon renewal, each license shall be valid for an additional year from the date of expiration, unless suspended, revoked, closed, or invalidated by a change in business as defined in LMC 5.02.040. Any additional Rules and Regulations and Conditional Licenses imposed or stipulated to pursuant to LMC 5.02.150 shall remain in full force and effect unless expressly terminated in writing.

D. The number of solicitors or peddlers who are permitted to solicit or peddle for any one activity, company, entity or sponsor during any thirty (30) day period of time shall be limited to not more than ten (10) licensed individuals. (Ord. 548 § 9, 2012; Ord. 288 § 16, 2002; Ord. 173 § 1 (part), 1998.)

5.56.050Exemptions.

The licensing and bonding requirements applicable to solicitors and peddlers shall not apply to:

A. Newspaper carriers, whether subscriptions are taken or not;

B. Any person selling or delivering, door-to-door or on an established route, milk or milk products, bakery goods, or laundry and dry cleaning services;

C. Persons who are soliciting donations for organizations exempt from taxation under 26 USC 501(C)(3) and (4), provided that the solicitation is managed and conducted solely by officers and members of such organizations who are unpaid for such services. Such officers or members must be able to show satisfactory proof of such tax exempt status, and their office or membership;

D. All persons or businesses exempt from business licensing requirements pursuant to Section 5.02.050 of the City Code;

E. Bona fide candidates, campaign workers and political committees campaigning on behalf of candidates or on ballot issues and persons soliciting signatures of registered voters on petitions to be submitted to any governmental agency. (Ord. 173 § 1 (part), 1998.)

5.56.060Restrictions on Soliciting.

All licenses issued pursuant to this Chapter shall be subject to the following time and location restrictions:

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

B. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00 p.m. or one half hour after sunset, whichever occurs earlier, and 9:00 a.m. (Ord. 173 § 1 (part), 1998.)

5.56.070Contents of License Application.

The application for a solicitor or peddler license shall require the following information:

A. Name, description and date of birth of the applicant;

B. Permanent home address and phone number, and local address and phone number of the applicant;

C. A brief description of the nature of the business and of the goods to be sold or services to be offered;

D. If employed by another, the address and name of the employer and a statement of the exact relationship between the applicant and the employer;

E. The length of time for which the right to do business is requested;

F. The place of manufacture or production of goods to be offered for sale, the present location of such goods and the proposed method of delivery;

G. A copy of a current, valid Washington State Driver’s License or Washington State Identification Card, or other similar photo-identification containing the current, valid name, address and date of birth of the applicant. The copy thereof shall be provided along with the application form to the representative of the City who receives the license application, and the original of such photo-identification shall be shown to said City representative;

H. Three (3) two-inch by two-inch color photographs of the applicant taken within six months of the date of application showing only the full face;

I. A statement as to any convictions of crimes or violations of municipal ordinances during the past five (5) years, to include the date, the nature of the offense and the penalty assessed therefore;

J. A statement that a license, if granted, will not be used or represented as an endorsement by the City for solicitations thereunder.

K. The applicant shall be sworn to, declared or certified under penalty of perjury by each applicant. (Ord. 173 § 1 (part), 1998.)

5.56.080Investigation by Law Enforcement Official.

Prior to the issuance of any solicitor or peddler license:

A. The Police Chief or designee shall investigate the applicant as specified in Section 5.02.090 of the Lakewood Municipal Code or as otherwise appropriate, to assess any known dangers or risks that could stem from the applicant going door to door in the neighborhoods of the City. The Police Chief or designee shall submit a written report to the City Manager or designee stating his/her recommendation as to approval or disapproval of the license application.

B. If the Police Chief or designee recommends disapproval, his/her report(s) shall specify the reasons for such recommendation. (Ord. 173 § 1 (part), 1998.)

5.56.090Bond Required.

Every applicant shall file with the City before a license shall be issued, a bond in the amount of one thousand dollars ($1,000.00) executed by the applicant as principal and a surety company authorized to do business in the state, running in favor of the City, conditioned that any person who may suffer any loss or damage by reason of any malfeasance, misfeasance, or deceptive practice in the conduct of such solicitation or peddling shall have the right to institute an action for recovery against the licensee and the surety upon such bond. The bond shall further require that the principal shall fully comply with all provisions of state law and City ordinances regulating the business of solicitors or peddlers, or business in general, and that all moneys paid as a down payment or donated will be accounted for and applied according to the representation of the solicitor or peddler and further that the property ordered or sold will be delivered or the services will be performed according to the undertaking of the solicitor or peddler. Any person injured by the licensee’s/principal’s failure to account for moneys received, deliver the goods ordered or sold, or perform the services promised, shall have in his or her own name, a right of action on such bond against both the principal and surety. (Ord. 173 § 1 (part), 1998.)

5.56.100Alternate Form of Employer's Bond.

In the place of the bond required at Section 5.56.070, any person employing solicitors or peddlers shall file with the City before a license shall issue to any of such person’s employees, a bond in the amount of five thousand dollars ($5,000.00) executed by the employer as principal and a surety company authorized to do business in the state as a surety, running in favor of the City, conditioned that any person who may suffer any loss or damage by reason of any malfeasance, misfeasance, or deceptive practice in the conduct of such solicitation or peddle shall have the right to institute an action for recovery against the licensee and the surety upon such bond. Such bond shall further require that the employer and all employees and agents of the employer, shall fully comply with all provisions of state law and City ordinances regulating the business of solicitors or peddlers, or business in general, and that all moneys paid as a down payment or donated will be accounted for and applied according to the representation of the solicitor or peddler and further that the property ordered or sold will be delivered or the services will be performed according to the undertaking of the solicitor or peddler. Any person injured by the licensee’s/principal’s failure to account for moneys received, deliver the goods ordered or sold, or perform the services promised, shall have in his or her own name, a right of action on such bond against both the principal and surety. (Ord. 173 § 1 (part), 1998.)

5.56.110Orders Taken by Solicitors or Peddlers.

All orders or donations taken by licensed solicitors or peddlers shall be written in duplicate, with one (1) copy to be given to the purchaser or contributor. The order or donation shall contain the name and address of the solicitor or peddler, and in the case of an order, its complete terms, the amount of any prepayment, and a statement of the purchaser’s right of rescission pursuant to state law. (Ord. 173 § 1 (part), 1998.)

5.56.120Carrying License Required.

The solicitor’s or peddler’s license shall be carried at all times when soliciting or peddling in the City and shall be exhibited by such solicitor or peddler whenever requested to do so by a police officer, any City official, or any persons solicited or peddled. (Ord. 173 § 1 (part), 1998.)

5.56.130Immediate Disclosure of Nature of Business Required.

In addition to complying with the provisions of 5.56.110, 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 or her name and the company or product he or she represents, and if requested so to do, 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 or her call, or to use any plan, scheme, or ruse which misrepresents such purpose. (Ord. 173 § 1 (part), 1998.)

5.56.140Misrepresentation of Facts.

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. 173 § 1 (part), 1998.)

5.56.150Receipt - Contents - Notice of Cancellation.

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 ten 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 or she 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 ten 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 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 CANCELED.

• 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 OR 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 MAKE THE GOODS AVAILABLE TO THE SELLER AND 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. IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR THE FULL PERFORMANCE OF THE CONTRACT.

• 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 NOT LATER THAN MIDNIGHT

(Address of Seller’s Place of Business)

OF,

(Date)

I HEREBY CANCEL THIS TRANSACTION.

(Buyer’s signature) (Date)

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. 173 § 1 (part), 1998.)

5.56.160Peddling Flags, Emblems or Insignia of United Sates, Washington State, County, City or Fraternal Organizations Prohibited.

It is unlawful to peddle or give, and no peddler’s license issued under the provisions of this Chapter shall authorize the peddling, or the giving, with the request for a donation in connection therewith, of any flag, emblem, badge, shield or other insignia of the United States, State of Washington, County or City, or any fraternal organization. (Ord. 173 § 1 (part), 1998.)

5.56.170Sale of Prize Packages Prohibited.

No peddler’s license issued under the provisions of this Chapter shall authorize the selling of prize packages or the disposition of any article or thing in any form, by chance or lot, nor shall it permit misrepresentation of the quantity quality or origin of any article or thing so peddled. (Ord. 173 § 1 (part), 1998.)

5.56.180Use of Motor Vehicle - Liability Insurance Required.

It is unlawful for anyone to use a motor vehicle for peddling, or for the owner of any motor vehicle to permit such vehicle to be used for peddling, unless such owner maintains public liability and property damage insurance covering the use and operation of such vehicle while peddling, in the amounts hereinafter provided, and no peddler’s license shall be issued for peddling with any motor vehicle unless the owner of the motor vehicle to be so used has filed with the City a policy or policies of public liability insurance providing coverage for personal injury to or death of any one person in the amount of at least $10,000.00, and subject to the aforesaid limit of any one person injured or killed, of at least $20,000.00 for personal injury to or death of two or more persons in any one accident, and for damage to property in the amount of at least $5,000.00 resulting from any one accident. Such policy or policies must contain an endorsement providing for ten days notice to the City in the event of any change or cancellation.

It is unlawful to operate or permit to be operated any motor vehicle for peddling unless there shall accompany such vehicle a valid and subsisting certificate from the insurer setting forth the make, type and motor number or identification number of the vehicle and the name of the company providing the public liability insurance herein required and the insurance policy number or numbers. (Ord. 173 § 1 (part), 1998.)

5.56.190Unlawful to Blockade Streets While Peddling.

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. 173 § 1 (part), 1998.)