Chapter 5.10
PEDDLERS AND SOLICITORS

Sections:

5.10.010    License Required – Exceptions.

5.10.030    Definitions.

5.10.050    Peddling of Food – License Required.

5.10.060    Facsimile Copies of License.

5.10.070    Surety Bonds.

5.10.080    Immediate Disclosure of Nature of Business Required.

5.10.090    Misrepresentation of Facts.

5.10.100    Receipt – Contents – Notice of Cancellation.

5.10.110    Hours During Which Peddling Allowed.

5.10.120    Peddling Flags, Emblems or Insignia of the United States, Washington State or Fraternal Organization Prohibited.

5.10.130    Sale of Prize Packages Prohibited.

5.10.140    Use of Motor Vehicle – Liability Insurance Required.

5.10.150    Unlawful to Blockade Streets While Peddling.

5.10.160    Unlawful to Peddle on Posted Premises.

5.10.170    Violations Shall Constitute a Misdemeanor.

5.10.180    Validity of this Chapter.

5.10.190    Complying With State Law.

Cross-reference:    Chapter 36.71 RCW

5.10.010 License Required – Exceptions.

It is unlawful for any person to be or engage in business as a peddler or solicitor in Pierce County without first procuring a license so to do; provided, that no license shall be required for the peddling of, or soliciting orders for the sale of newspapers, bread, fresh milk, buttermilk, or ice, nor shall any license be required of any person peddling farm or dairy produce raised or produced by such person, nor shall any license be required of any person holding a home sales party; provided, further, that no license shall be required of any person who as an employee, agent, or independent contractor acts as a peddler or solicitor for or on behalf of a licensee; provided, further, that no license shall be required of any person who as an employee, agent, or independent contractor acts as a peddler or solicitor for or on behalf of a regulated utility. Each license shall show the name, address and telephone number, of the licensee, or for out of state licensees the name, address and telephone number of their registered agents; the license number; the number of the bond, if any, filed pursuant to PCC 5.10.070; the commodities or services to be peddled or for which solicitation of orders is made; and the period for which such license is issued. (Ord. 2012-17 § 3 (part), 2012; Res. 18429 § 2 (part), 1975; prior Code § 50.03.010)

5.10.030 Definitions.

The following words and terms, unless a different meaning clearly appears from the context, shall mean as follows:

A.    "Peddler" means:

1.    Any person who goes from house to house, or place to place, within Pierce County, selling and providing immediate delivery or performance, or offering for sale and immediate delivery or performance, any goods, wares, merchandise, services, or anything of value, to persons not commercial users or sellers of such commodities or services; or

2.    Any person who, while selling and providing immediate delivery or performance, or offering for sale and immediate delivery and performance, any goods, wares, merchandise, services or anything of value, stands or sits in a doorway, any unenclosed vacant lot, parcel of land or in any other public place not used by such person as a permanent place of business.

B.    "Solicitor" means:

1.    Any person who goes from house to house or place to place within Pierce County, taking or offering to take orders for the sale of goods, wares, merchandise, services, or anything of value for future delivery or performance from persons not commercial users or sellers of such commodities or services; or

2.    Any person who, while taking or offering to take orders for the sale of goods, wares, merchandise, services, or anything of value for future delivery or performance, stands or sits in a doorway, any unenclosed vacant lot, parcel of land, or in any other public place not used by such person as a permanent place of business.

C.    The terms "peddler" and "solicitor" shall include any person, firm, or corporation which employs, hires, or engages others to act as peddlers or solicitors whether as employees, agents or independent contractors, but shall not include any person making solicitations for charitable or religious purposes.

D.    The term "home sales party" means gatherings in private residences where goods, wares, merchandise, services, or anything of value, is sold or offered for sale, and where all persons attending as invited guests have been told, at least 24 hours prior to the gathering, that the purpose of such gathering is the solicitation of orders for, or sale of, such goods, wares, merchandise, services or other thing of value.

(Res. 18429 § 2 (part), 1975; prior Code § 50.03.030)

5.10.050 Peddling of Food – License Required.

No one shall peddle tamales, sandwiches, box lunches, cakes, cookies, pies, doughnuts or similar foods, unless the same have been manufactured, prepared, produced or concocted in a place covered by a permit issued by the Director of Public Health pursuant to ordinances relating thereto; provided, that before the issuance of any license for the peddling of any such foods, the Auditor may require the applicant for such license to exhibit the original or a copy of such permit. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.040)

5.10.060 Facsimile Copies of License.

Each licensee which employs, hires, or engages others to act as peddlers or solicitors shall furnish as credentials to each employee, agent, independent contractor, or other person peddling or soliciting for or on behalf of such licensee, a facsimile copy of its license upon which shall appear the typed or printed name and address, and the signature of the person to whom such facsimile copy is issued. Such facsimile copies may be obtained from the Auditor upon payment of ten cents per copy. A licensee shall be responsible for the conduct and acts performed within the scope of employment or contract of any person peddling or soliciting for or on behalf of the licensee, and shall maintain a list of all persons to whom facsimile copies of its license have been issued. It is unlawful for any licensee or any person to whom such facsimile copy is required to be issued to peddle or solicit without having in his possession such license or a facsimile copy thereof, which shall be shown to all prospective buyers, and to any police officer or deputy sheriff or license officer of the County upon the request of such officer. Such facsimile copies shall be nontransferable and shall at all times remain in the possession of the person to whom issued. Whenever any person to whom a facsimile copy has been issued by a licensee ceases to act as a peddler or solicitor for or on behalf of such licensee, notification thereof shall be given to the Auditor by the licensee and the facsimile copy issued to such person shall be surrendered to the Auditor by the licensee within two weeks of such notification. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.050)

5.10.070 Surety Bonds.

Each applicant for a peddler's or solicitor's license shall file with the Auditor a surety bond naming the County as obligee in the penal sum of $1,000.00 if such licensee has ten or less employees, or $2,000.00 if such licensee has more than ten employees, and conditioned as follows:

A.    That the principal, its employees and agents, will comply with the terms of this Chapter and all other applicable license and consumer protection ordinances;

B.    To save harmless and indemnify all persons who shall suffer loss or damage on account of the failure of the principal or any of its employees or agents to comply with the terms of this and other applicable license and consumer protection ordinances, or to deliver commodities or services in accordance with any agreement or contract made with such persons, and such persons shall have a right of action on such bond for any such loss or damage;

C.    That the aggregate liability of the surety for all claims against such bond shall not exceed the penal amount thereof;

D.    That the liability of the surety may be terminated by the surety by service of written notice upon the Auditor not less than 15 days prior to the effective date of such termination;

E.    That no claim shall be made against such bond more than one year following the time when the claimant became aware, or should have become aware, of the facts upon which such claim is based; provided, that in lieu of such bond, any applicant may file with the Auditor a deposit consisting of cash or other security acceptable to the Auditor.

Any person having an unsatisfied final judgment against the applicant for any items referred to in this Section may execute upon the security held by the Auditor by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the Auditor within one year of the date of entry of such judgment. Upon the receipt of service of such certified copy, the Auditor shall pay or order paid from the deposit, through the registry of the Superior Court which rendered judgment, toward the amount of the unsatisfied judgment. The priority of payment by the Auditor shall be the order of receipt by the department, but the department shall have no liability for payment in excess of the amount of the deposit.

The Auditor may promulgate rules and regulations necessary for the proper administration of the security.

(Res. 18429 § 2 (part), 1975; prior Code § 50.03.051)

5.10.080 Immediate Disclosure of Nature of Business Required.

In addition to complying with the provisions of 5.10.060, 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 name and the company or product he 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 call, or to use any plan, scheme, or ruse which misrepresents such purpose. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.052)

5.10.090 Misrepresentation 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. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.053)

5.10.100 Receipt – 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 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 _______________________________.

    (Address of Seller's Place of Business)

NOT LATER THAN MIDNIGHT OF _________________.

    (Date)

"I HEREBY CANCEL THIS TRANSACTION."

    (Date)

    (Buyer's signature)

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.

(Res. 18429 § 2 (part), 1975; prior Code § 50.03.054)

5.10.110 Hours During Which Peddling Allowed.

It is unlawful for any person to peddle or solicit before the hour of 8 a.m. of any day, or after the hour of 9 p.m. of any day without the specific prior consent of the prospective buyer. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.055)

5.10.120 Peddling Flags, Emblems or Insignia of United States, Washington State 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, or any fraternal organization. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.070)

5.10.130 Sale 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. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.080)

5.10.140 Use 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 Auditor 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 Auditor 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.

The Auditor shall provide one or more tags or plates for each motor vehicle to be used for peddling by any licensee, which tag or plate shall evidence that all required insurance has been filed and all necessary peddler's licenses obtained. The form, material and positioning of each tag or plate shall be as prescribed by the Auditor. It is unlawful to operate or permit to be operated any such motor vehicle without having the tags or plates required by this Section conspicuously posted thereon in the manner prescribed, or to operate such vehicle with illegible or expired tags or plates.

Such tags or plates shall remain the property of Pierce County and shall be returned to the Auditor immediately upon cancellation of the insurance or upon the closing of the business.

(Res. 18429 § 2 (part), 1975; prior Code § 50.03.085)

5.10.150 Unlawful 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 are article is being sold or offered for sale. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.090)

5.10.160 Unlawful to Peddle on Posted Premises.

It is unlawful for any peddler or solicitor to ring the bell, or knock on the door or otherwise attempt to gain admittance for the purpose of peddling or soliciting at any residence or dwelling at which a sign bearing the words "No Peddlers or Solicitors" or words of similar import indicating that peddlers or solicitors are not wanted on said premises, is painted, affixed or otherwise exposed to public view; provided, that this Section shall not apply to any peddler or solicitor who rings the bell, knocks on the door or otherwise attempts to gain admittance to such residence or dwelling at the invitation or with the consent of the occupant thereof. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.095)

5.10.170 Violations Shall Constitute a Misdemeanor.

Violations of PCC 5.10.060, 5.10.080, 5.10.090, 5.10.100, 5.10.110, 5.10.120, 5.10.130, 5.10.150, and 5.10.160 shall constitute a misdemeanor and be punishable by a fine no greater than $250.00. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.100)

5.10.180 Validity of This Chapter.

If any phrase, phrases, Section or Sections of this Chapter are determined to be invalid, it shall not affect the validity of the other Sections of this Chapter. (Res. 18429 § 2 (part), 1975; prior Code § 50.03.110)

5.10.190 Complying With State Law.

The intent of this Chapter is to supplement the provisions of the Revised Code of Washington, Chapter 36.71. If any provisions of this Chapter are ruled inconsistent with RCW 36.71, the latter will prevail.

The Auditor shall act as agent for Pierce County and shall perform any and all duties contemplated by RCW 36.71.

(Res. 18429 § 2 (part), 1975; prior Code § 50.03.120)