Chapter 5.16


5.16.010    Definition.

5.16.030    Business license.

5.16.040    Investigation and fee.

5.16.050    Application.

5.16.070    Issuance of permit.

5.16.080    Carrying permit.

5.16.090    Revocation.

5.16.100    Orders.

5.16.110    Exclusions.

5.16.130    Resale.

5.16.140    Violation – Penalty.

5.16.010 Definition.

“Solicitor” means any person who goes from house to house, or place to place, in the city, selling or taking orders for or offering to sell, rent, lease or take orders for the sale, rental or lease of goods, wares, merchandise, services or whatsoever, for present or future delivery, or for the making, manufacturing or repairing of any article or thing whatsoever, for present or future delivery. (Ord. 1115 § 1, 2010).

5.16.030 Business license.

A. Each solicitor who is self-employed and each company or firm employing solicitors will be required to obtain a business license as set forth in Chapter 5.06 SLMC.

B. All licenses shall expire on the thirty-first day of December of each year and no reduction in fee for such licenses shall be made for any partial year. No license shall be transferable. All licenses will be renewed through the clerk with the payment of the yearly fee. (Ord. 1115 § 1, 2010).

5.16.040 Investigation and fee.

An investigation fee of $105.00 shall be paid to the city by each applicant for a solicitor’s permit. The fee shall be paid to the clerk for deposit in the general fund and used to defer the cost of any investigation made of the applicant. Fingerprinting costs are included in the applicant review fee. Each application for a solicitor’s permit shall be processed for approval by the police chief of the city. “Fee” and “investigation,” as used in this chapter, refer solely to individuals and not to firms and each individual person applying for a solicitor’s permit shall be required to pay the fees, complete the application, and submit to investigation as may be required in this chapter. (Ord. 1115 § 1, 2010).

5.16.050 Application.

Any person desiring to secure a solicitor’s permit shall apply in writing over his or her signature to the clerk on forms provided by the city and such application shall state as to each solicitor the following:

A. The name and address of each solicitor;

B. The name and address of the person, firm, or corporation by whom employed;

C. The length of service of each solicitor with such employer;

D. The place of residence and nature of the employment of each solicitor during the last preceding year;

E. The nature or character of the goods, wares, merchandise, or services to be offered by each solicitor;

F. The personal description of each solicitor. The application shall be accompanied by such credential of identity of each solicitor as may be reasonably required by the clerk. (Ord. 1115 § 1, 2010).

5.16.070 Issuance of permit.

If the police chief determines that the facts set forth in the application are true, that such solicitor has not been convicted of a felony or crime involving moral turpitude and that he proposes to engage in a lawful and legitimate commercial enterprise, he shall then approve the application and the clerk may thereafter issue the permit applied for. (Ord. 1115 § 1, 2010).

5.16.080 Carrying permit.

Such permit shall be carried at all times by each solicitor for whom issued when soliciting or canvassing in the city and shall be exhibited by any such solicitor whenever he or she shall be requested to do so by any police officer or any person solicited. (Ord. 1115 § 1, 2010).

5.16.090 Revocation.

Any such permit may be revoked by the police chief for any violation of the ordinances of the city, laws of the state, or laws of the United States. Notice of revocation or notice of refusal to issue a permit shall be sent to the licensee or prospective licensee specifying the grounds for revocation or refusal. The licensee or prospective licensee may file a notice of appeal with the police chief within 10 days of receipt of a notice of revocation or refusal to issue. If timely, the hearing on the notice of appeal shall be the next regularly scheduled city council meeting. (Ord. 1115 § 1, 2010).

5.16.100 Orders.

All orders taken by solicitors shall be written in duplicate, stating the name as it appears on the permit, the address of both the solicitor and his employer, the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser. (Ord. 1115 § 1, 2010).

5.16.110 Exclusions.

This chapter shall not apply to any farmer, gardener, or other person selling, delivering, or peddling any fruit, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or other farm produce or edibles raised, caught, produced or manufactured by such person in any place in the state or to any person selling or delivering milk or milk products or bakery goods produced or manufactured in the state or to members of any religious, charitable, health, or welfare service or youth service organizations selling or offering to sell goods or services in order to raise funds for the charitable work of such organizations and for no other purpose. (Ord. 1115 § 1, 2010).

5.16.130 Resale.

This chapter shall not be applied to individuals, persons, or firms who are selling goods, wares, and merchandise or services to other persons, firms, or corporations for resale. (Ord. 1115 § 1, 2010).

5.16.140 Violation – Penalty.

Any person operating a business, trade or profession without a license as required herein shall be deemed to have committed a civil infraction and shall be subject to payment of a penalty of up to $1,000 together with all penalties and assessments for each violation. Each separate day of operation without a business license is deemed a separate violation. This penalty is in addition to any other remedies available to the city under this code. (Ord. 1115 § 1, 2010).