Chapter 4.04
Peddlers, Solicitors--Licenses
Sections:
4.04.010 Uninvited solicitation declared nuisance.
4.04.020 License required--Application procedure and fee.
4.04.030 Penalty for perpetrating a nuisance.
4.04.010 Uninvited solicitation declared nuisance.
The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, services or contracts, not having been requested or invited to do so by the owner or owners, occupant or occupants of the private residences, for the purpose of soliciting orders for the sale of goods, wares, merchandise, services or contract, and/or for the purpose of disposing of and/or peddling or hawking the same, is declared to be a nuisance. (Ord. 1056 §1, 1977: Ord. 737 §1, 1955).
4.04.020 License required--Application procedure and fee.
Any person desiring to engage in the business of a transient, itinerant solicitor, peddler, hawker or vendor of goods, wares and merchandise of any and all kinds upon the streets or in public places within the city, shall first obtain a license to do so in the following manner:
(a) Application for a license shall be made in writing and filed with the city clerk-controller, at least seven days before the applicant shall be authorized to begin his business, and shall state the name and residence of the applicant, place where the business is to be conducted, the kind and type of business and the length of time for which license is desired.
(b) The applicant shall deposit with the clerk-controller a bond in the sum of five hundred dollars; executed by a surety company or two responsible freeholders in the city, which bond shall be approved by the clerk-controller and shall be conditioned that all goods, wares and merchandise sold, or for which orders are taken, shall be as represented by him, and that he will refund any purchase money paid on goods, wares or merchandise sold, or for which orders are taken, shall be as represented by him, and that he will refund any purchase money paid on goods, wares or merchandise which are not as represented, so as to indemnify any person dealing with him, in a sum equal to at least the amount of any payment or payments, such purchaser may have been induced to make through misrepresentation as to the kind and character of the goods, wares or merchandise. Any person so misled or aggrieved by the representations of any licensee hereunder shall have a right of action on the bond, for the recovery of the amount of his payment or damages suffered or both. In the event a cash bond is deposited, the same shall be retained by the clerk for a period of one hundred twenty days after the expiration of any such license.
(c) The applicant shall file with the clerk-controller an instrument in writing, nominating and appointing the clerk-controller as his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of the applicant, and service of summons of any action brought upon the bond shall be deemed made, when served upon the clerk-contoller.
(d) The applicant shall pay in advance a license fee as follows: Ten dollars a day; fifty dollars a week; one hundred dollars for thirty days; except honorably discharged soldiers, sailors or marines, who are residents of the state of Washington. (Ord. 737 §2, 1955).
4.04.030 Penalty for perpetrating a nuisance.
Any person convicted of a violation of this chapter shall be guilty of a misdemeanor and be punished as provided by Section 1.08.030. (Ord. 1056 §2, 1977: Ord. 737 §3, 1955).
4.04.040 Exemptions.
(a) The provisions of Sections 4.04.010 and 4.04.020 shall not apply to any charitable, religious or nonprofit organization or corporation which has received tax exempt status under Internal Revenue Code paragraph 501 (C)(3), 26 USCA 501 (C)(3) as adopted or as hereafter amended.
(b) Any person or organization claiming exemption as stated by subsection (a) of this section shall file with the clerk-controller of the city a copy of the tax exemption granted by the Internal Revenue Service under the provisions of IRC paragraph 501 (C)(3). The clerk-controller shall maintain a list of all organizations who have claimed such exemption and said list shall be kept available for public inspection.
(c) Any person or organization whose exempt status under IRC paragraph 501 (C)(3) as adopted or as hereafter amended is suspended or terminated shall notify the clerk-controller within twenty days of such suspension or termination. (Ord. 1056 §3, 1977).