Chapter 5.25
TRANSIENT SALES
Sections:
5.25.020 Definition of peddler.
5.25.030 License required – Exemptions.
5.25.050 Investigation of applicant – Issuance and denial of license.
5.25.060 Credentials – Requirement to exhibit – License – Requirement to display.
5.25.065 Trespassing unlawful.
5.25.070 License – Expiration.
5.25.080 License – Revocation.
5.25.010 Purpose.
The City of Maple Valley desires to issue a license that requires a criminal background check for persons who wish to engage in door-to-door peddling (“transient sales”), and to regulate the hours when door-to-door peddling is permissible. It is a further purpose of this chapter to create a process wherein citizens and business owners can utilize signage to inform peddlers not to peddle on the premises on which such signs are displayed and setting forth that a violation by a peddler is a criminal trespass.
Transient sales involve going door-to-door to disturb persons in their homes to solicit orders for goods and services or to execute a sale. Such activities create anxiety for persons who are disturbed in their homes and their privacy in order to answer the door in response to uninvited strangers attempting to sell products or services. In addition, it is a matter of common knowledge that it is not necessarily safe for a person to open his/her door to a stranger and being disturbed in one’s privacy after daylight hours heightens safety concerns for residents in their homes. Transient sales, by their very nature, do not easily lend themselves to follow-up regulatory enforcement or apprehension of persons who have committed a crime in the course of engaging in transient sales, or who may be posing as a transient salesperson to gain unlawful entry into a residence.
It is deemed to be a legitimate interest of the City to license persons engaged in transient sales as a response to citizens and business owners who express legitimate concerns for their safety and their privacy when disturbed in their own home or at their place of business by peddlers. A criminal background check is meant to provide citizens with a measure of confidence if they choose to open the door of their residence in response to a knock or bell-ring by persons engaged in transient sales. Both citizens and business owners will see City-issued credentials on the person of the peddler who is lawfully peddling within the City, and will therefore know that a license has been obtained by the peddler.
The license and credentialing procedure set forth herein will allow the City to verify the identity of those persons who wish to go door-to-door to engage in transient sales, and to deny the issuance of a license to any person for failure to meet the criteria required in the license application.
It is expressly not the purpose of this chapter to create a special relationship between the City and any resident, business owner, or other person under the public duty doctrine. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.020 Definition of peddler.
A. Unless otherwise exempt under the provisions of this chapter, a “peddler” is defined as follows:
1. All persons, both principals and agents, as well as employers and employees, who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in, any personal property or services in the City by going from house to house or from place to place or by indiscriminately approaching individuals, whether on foot or by vehicle.
2. Sales by sample or for future delivery and executory contracts of sale by solicitors or peddlers are embraced within the preceding subsection; provided, however, that this chapter is not applicable to any salesperson or canvasser who solicits trade from wholesale or retail dealers within the City.
3. Any person, both principals and agents, as well as employers and employees, who, while selling or offering for sale any goods, wares, merchandise or anything of value, stands in a doorway or any unenclosed vacant lot, parcel of land or in any other place not used by such person as a permanent place of business.
B. The following are exempt from the definition of “peddler”:
1. Farmers who peddle fruit, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced or manufactured by such person; provided, that nothing herein authorizes any person to sell, deliver, or peddle any dairy product, meat, poultry, eel, fish, mollusk or shellfish without a license;
2. Any person who is specifically requested by a potential buyer to visit or call for the purpose of displaying or purchasing goods, literature or giving information about any article, service or product;
3. Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. 501(c)(3), have registered as a charitable organization pursuant to Chapter 19.09 RCW, or other similar civic, charitable or nonprofit organizations;
4. Newspaper carriers under 18 years of age;
5. Peddlers operating at any City-sponsored or properly permitted or otherwise authorized civic event for a time period not to exceed five consecutive days, so long as each peddler’s name, address and telephone number are submitted to the City, in advance of the civic event, to be maintained in the City’s records;
6. Peddlers operating at a properly permitted Saturday or “farmers’” market so long as the activity does not occur more than one time per week for more than five months of each calendar year; and provided further, that the name, address and telephone number of each peddler is provided in advance to the City of Maple Valley to be maintained in the City records;
7. Sales conducted as “fundraisers” for youth athletic, scouting, or for school programs serving grades K through 12. By way of illustration and not limitation, these organizations may include boy scouts and girl scouts, youth soccer, youth basketball, youth football, youth softball, and other youth athletic organizations. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.030 License required – Exemptions.
A. No person, corporation, partnership or other organization shall engage in the business of a peddler within the City limits without first obtaining a license and credentials issued by the City following a criminal background check and approval by the City Manager. If any individual is acting as an agent for or employed by an individual, corporation, partnership or other organization, both the individual and the employer or principal for whom the individual is peddling must obtain a license from the City as provided in this chapter.
B. The persons exempted from the requirements of this chapter are set forth in MVMC 5.25.020(B).
C. The license fee is $50.00 per applicant. Licenses shall be granted for the calendar year. Licenses must be renewed annually on January 1st. The license renewal fee is $50.00. An applicant seeking a new license after July 1st of any given year shall be charged $25.00. License renewal fees shall not be prorated. At the time of filing the application form, and for each license renewal, each applicant shall also pay a nonrefundable fee of $10.00 to cover the City’s cost of the background investigation. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.040 Application form.
A. All applicants for a peddler’s license, unless exempted by MVMC 5.25.020(B), shall provide the following information on the license application form, or attached thereto, with sufficient proof of identification:
1. Name, date of birth and physical description of each peddler;
2. Address and telephone number;
3. A copy of the applicant’s driver’s license or other government-issued identification, containing a picture of the applicant;
4. A brief description of the nature of the business and the goods or services to be sold;
5. If employed or acting as an agent, the name and address of the employer or principal, together with the description of the exact relationship with the principal or employer (employee, contractor, etc.);
6. If a vehicle is to be used, a description of the same, including the make, model, year, and license number. All vehicles to be used in door-to-door sales within the City must be listed;
7. A photograph of the applicant; shall be taken at City Hall at the time of filing the application showing the head and shoulders of the peddler in a clear and distinguishing manner;
8. A statement as to whether or not the applicant has been convicted of any crime within the last 10 years, including misdemeanors, gross misdemeanors, or violations of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor; and
9. A statement as to whether the applicant is a registered sex offender, and indicating the jurisdiction in which the applicant is currently registered as a sex offender.
B. All sales proposed to occur on a parcel of land located within the City must be upon property zoned CB or NB. No transient sales proposed to be located upon property zoned CB or NB and to be used as a temporary location for customers to come to the peddler, rather than occurring door-to-door with the peddler going to the customer, shall be allowed for more than two consecutive days in any single location and shall occur no more often than four times annually. If such sales are proposed to occur on a parcel of land zoned CB or NB, the following must accompany the registration:
1. Full name, address, telephone number and signature of the property owner authorizing use of the parcel for the transient sales;
2. A site plan showing the location of the sales area and indicating the nearest driveway and the nearest fire hydrant and describing the setup for sales: use of tables to display wares, tents, etc.;
3. Such other information as may be required by the City to determine ownership of the parcel, the location of sales on the parcel, and other issues associated with compliance with the City’s land use codes and regulations.
C. Unless otherwise exempt under MVMC 5.25.020(B), any individual, corporation, partnership or other organization which acts as the principal or employer for individual solicitors or peddlers shall also apply for and obtain a license as provided herein and shall provide the following information on the application form in addition to the information required above:
1. The individual/corporation/partnership/organization name, address and telephone number and the names and addresses of all individuals who are employed by or acting as an agent for the applicant that will be engaged in peddling activities within the City;
2. If a corporation, the state of incorporation and the name and address of the corporation’s registered agent;
3. If a partnership or limited liability company, the names, addresses and telephone numbers of all the partners or members with authority to act on behalf of the partnership or company;
4. A statement as to whether or not the individual/officers of the corporation/partners/organization’s officers have been convicted of any crime within the last 10 years, including misdemeanors, gross misdemeanors, or violations of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor;
5. Name, address and telephone numbers (business and home) of the individual, if applicable, acting as the manager or supervisor for the peddlers; and
6. A list of all other cities, towns and counties where the individual/corporation/partnership/organization has obtained a peddler’s permit or license or similar permit or license within the past two years.
D. At the time of filing the application form, each applicant shall pay a nonrefundable fee equal to the fee charged by Washington State Patrol to cover the City’s cost of investigation and the issuance of peddler’s credentials. (Ord. O-15-577 § 1; Ord. O-12-494 § 1; Ord. O-11-472 § 1; Ord. O-11-470 § 1; Ord. O-11-462 § 1).
5.25.050 Investigation of applicant – Issuance and denial of license.
A. The City Manager, or his/her designee, shall refer the application to the Police Department, which shall conduct a criminal history background investigation consisting of a background check as allowed through the Washington State Criminal Records Privacy Act under RCW 10.97.050; and the Washington State Patrol criminal identification system under RCW 43.43.832 through 43.43.834. Upon completion, the Police Department shall forward the results of the investigation to the City Manager. The criminal background check shall occur within five business days of receipt of the application by the City, and the results shall be forwarded to the City Manager.
B. The City Manager, or his/her designee, shall provide a copy of the application to the Community Development Department, as necessary, for purposes of confirming the zoning designation if sales are proposed to take place on a parcel of land zoned CB or NB, and for investigation of compliance with the City’s land use regulations, as necessary. The Community Development Department shall provide its review of the application to the City Manager within five business days of receipt of the application by the City.
C. The City Manager, or his/her designee, shall deny the license and shall not issue credentials if the applicant has:
1. Within the past 10 years, committed any act consisting of fraud or misrepresentation directly relating to the occupation of peddler;
2. Committed any act which, if committed by a credentialed peddler, would be grounds for suspension or revocation of credentials pursuant to MVMC 5.25.080;
3. Within the previous 10 years, been convicted of a misdemeanor or felony involving moral turpitude or assault directly relating to the occupation of peddler;
4. Been previously denied credentials under the provisions of this chapter; providing, however, that any applicant denied credentials under the provisions of this chapter may re-apply if and when the reasons for denial no longer exist;
5. Made any false or misleading statement in the application; or
6. Committed any offense for which registration as a sex offender is a legal requirement of conviction for that offense.
D. The denial of a peddler’s license to an individual, corporation, partnership, company or other organization which serves as the employer or principal for individual solicitors or peddlers shall be a sufficient basis to deny a permit to an individual who is employed by or acting as an agent for that individual, corporation, partnership, company or other organization. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.060 Credentials – Requirement to exhibit – License – Requirement to display.
Peddlers are required to exhibit their City-issued credentials on their person and such credentials must be fully visible while conducting any transient sales activities within the City. Peddlers are required to carry on their person a valid license issued by the City and must show the license to any person contacted by the peddler that requests to see it and to any law enforcement officer that requests to see it. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.065 Trespassing unlawful.
No peddler shall go upon or enter the property or premises of any person or business entity where the person or business entity has indicated a desire not to receive peddlers or sales literature by displaying or posting one or more signs that are at least 15 square inches in size and where such sign is prominently displayed or posted and where such sign states, “No Trespassing,” or “No Peddlers,” or “No Soliciting,” or “No Solicitors.” A peddler unlawfully violates this section if he or she knocks on a person or business entity’s door, or otherwise enters property, or leaves sales literature on the door, doorstep, porch, entryway or elsewhere on the property of any person or business entity where such signage has been prominently displayed, and shall be guilty of criminal trespass in the second degree. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.070 License – Expiration.
All transient sales licenses and credentials issued pursuant to this chapter are nontransferable and are valid to December 31st of the year in which issued. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.080 License – Revocation.
A. The license and credentials issued pursuant to this chapter may be revoked by the City Manager after notice and hearing for any of the following causes:
1. Fraud, misrepresentation or false statement contained in the application for credentials;
2. Fraud, misrepresentation or false statements made in the course of carrying on the business as a peddler;
3. Any other violation of this chapter;
4. Conviction after submission of the registration form for a peddler’s license of a felony or misdemeanor directly relating to the occupation of peddler, including, but not limited to, moral turpitude, assault, fraud or misrepresentation;
5. Conducting the business of peddling in any unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public; or
6. Violation of any part of this chapter by any employer of a license holder, regardless of whether the employer is separately licensed under this chapter.
B. The revocation of a license held by an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers shall constitute a basis for revoking the license and credentials issued to individual peddlers employed by or acting as agents for such individual, corporation, partnership or organization.
C. The revocation of a license and credentials for three or more persons who are employees or agents of an individual, corporation, partnership or organization shall constitute a basis for revoking the license and credentials issued to the employer or principal, as well as the license and credentials issued to all other employees or agents of that employer or principal.
D. Notice of revocation of a peddler’s license shall be given by the City Manager in writing, setting forth specifically the grounds for revocation. In addition, it shall state that a right of appeal exists for any person, individual, corporation, partnership or organization whose license has been revoked. The notice of revocation shall be mailed, postage prepaid, to the holder of the credentials at his or her last known address, with a copy to the individual, corporation, partnership or organization that employs the person whose license and credentials have been revoked, if applicable. The revocation shall become final if no appeal is requested as provided in MVMC 5.25.090. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.090 Right of appeal.
A. Any person aggrieved by the action of the City Manager in the denial of a peddler’s license or in the decision to revoke a peddler’s license as provided in this chapter shall have the right to appeal to the City Hearing Examiner. An appeal must be filed within 14 days after the date of notice of the action complained of.
B. The appeal shall be in writing, be accompanied by an appeal fee of $200.00, and contain the following information:
1. Appellant’s name, address, telephone number, and email address;
2. Appellant’s statement describing the grounds for appeal and the facts upon which the appeal is based, citing to the relevant municipal code, the application, and any City report, letter, or other document that is relevant to the appeal; and
3. The relief sought.
C. The City Manager or designee shall forward the appeal and a copy of the action complained of to the Hearing Examiner, who shall set a time and place for a hearing on such appeal. The City shall provide notice of the scheduled hearing to the appellant via U.S. mail, postage prepaid, at the address provided by the appellant in the written appeal. Hearings shall be held within 21 days of the day the appeal is received by the City, unless the Hearing Examiner is unavailable, and in that event, the City will make every effort to schedule a hearing as soon as practicable.
D. The decision and order of the Hearing Examiner on such appeal shall be in writing and shall constitute a final administrative decision, appealable to the Superior Court. The Hearing Examiner’s decision shall be issued within 10 days of the appeal hearing, and shall be sent by the City, postage prepaid, to the appellant. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.100 Use of streets.
No peddler shall have any exclusive right to any location in the public streets, nor be permitted to operate in any congested area where operations might create safety problems or impede vehicular or pedestrian traffic. Right-of-way use authorization is required for any proposed use of City right-of-way and City-owned property pursuant to Chapter 12.15 MVMC. A special event permit may be required for transient sales that are proposed to take place on a parcel of land. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.110 Hours and notice.
Peddling is allowed between 8:00 a.m. and 8:00 p.m. Monday through Friday; 9:00 a.m. to 8:00 p.m. on Saturday; and noon to 6:00 p.m. on Sunday. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.120 Records.
The Police Department shall report to the City Manager all City convictions of licensed peddlers for violations of this chapter and the City Manager or designee shall maintain a record of each license issued, and each license that is revoked. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).
5.25.130 Violation – Penalty.
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of up to $1,000 and/or imprisonment for a term not to exceed 90 days. (Ord. O-11-472 § 1; Ord. O-11-462 § 1).