Chapter 5.20
PEDDLERS AND SALESMEN

Sections:

5.20.010    License to peddle required – Exception.

5.20.020    Peddler defined.

5.20.030    License fees.

5.20.040    Application for license.

5.20.050    Investigation and issuance of license.

5.20.060    Entry on property posted against trespass.

5.20.070    Carrying and producing license.

5.20.080    Conflict with state law not intended.

Prior legislation: Ord. 2698.

5.20.010 License to peddle required – Exception.

It is unlawful for any person, firm or corporation to peddle any article, service or thing within the city of Lynnwood (“Lynnwood”), except as otherwise provided, without first procuring a license to do so, to be known as a “peddler’s license.” Each peddler’s license shall specify articles, services or things to be peddled, and the time for which the same is to be issued. No license shall be required to peddle merchandise for a charitable organization including but not limited to schools, nonprofit organizations such as the scouts, or religious institutions located within the city.

The licenses required under this chapter are separate from the license required under Chapter 5.06 LMC. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 29 § 1, 1959)

5.20.020 Peddler defined.

For the purpose of this chapter, “peddler” means:

A. Any person who goes from house to house or place to place within Lynnwood selling, making offers to sell or soliciting offers to buy any goods, wares, merchandise, services or things of value at retail to persons not retailers in such commodities; or

B. Any person who, while offering for sale any goods, wares, merchandise, services or thing of value, stands or sits in a doorway, any unenclosed vacant lot, parcel of land or in any other place not used by such person as a permanent place of business. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 29 § 2, 1959)

5.20.030 License fees.

A. The license fees for each peddler and investigation fee shall be fixed as shown in Chapter 3.104 LMC.

B. Where the peddler so applies, he may be issued a special license to peddle on a daily basis at a fee as shown in Chapter 3.104 LMC.

C. All peddler applicants shall pay an investigation fee in the sum shown in Chapter 3.104 LMC. In the event that the applicant is rejected, the license fee only will be returned to the applicant; no investigation fee will be required in the case of renewals of existing licenses. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2656 §§ 1, 2, 2006; Ord. 818 § 10, 1975; Ord. 29 § 3, 1959)

5.20.040 Application for license.

All applications for license hereunder shall be made to the business license clerk upon such forms as he or she may direct, setting forth the proposed duration of the license, the article or service to be sold and the purchase price thereof, the name and address of the applicant and of the manufacturer or distributor of the article or service to be sold, a statement of the past employment of the applicant for the preceding two years, a statement of similar licenses granted to the applicant by other governing bodies during the preceding two-year period, and a statement by the applicant as to previous convictions of crime in any court. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 29 § 4, 1959)

5.20.050 Investigation and issuance of license.

The director or director’s designee will investigate each applicant within a reasonable time, and shall issue all licenses hereunder. However, no license shall be issued to any applicant who is discovered to have made a false material statement in his application therefor, such that the interest of public welfare and safety require that no peddler license be granted. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 29 § 5, 1959)

5.20.060 Entry on property posted against trespass.

It is unlawful for any person to enter into or upon any land of another or willfully to go or remain upon the land of another after having been warned by the owner or occupant thereof not to trespass thereon. For the purposes of this section, any clearly legible sign warning against said trespass which is posted prominently on said property so that it may be read from the boundary thereof shall be presumed to be sufficient warning within the meaning of this section and shall revoke any implied invitation to enter upon said land. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 29 § 6, 1959)

5.20.070 Carrying and producing license.

Each peddler as defined in this chapter shall be required to carry his/her license upon his/her person, and shall produce the same for inspection upon the demand of the business license clerk or designee, any police officer or any customer. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 29 § 7, 1959)

5.20.080 Conflict with state law not intended.

Nothing contained in this chapter shall be construed so as to prohibit the peddling defined and exempted by RCW 36.71.090, or any other exemption provided by the laws of the state of Washington; provided, that any person soliciting or peddling pursuant to authority of state certificate shall, before soliciting or peddling in Lynnwood, show said certificate or state identification card to the business license clerk. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1089 § 9, 1979; Ord. 29 § 8, 1959)