Chapter 5.14


5.14.010  Definitions.

5.14.020  Permit required.

5.14.025  Permit--Investigation and issuance.

5.14.030  Fees and renewals.

5.14.040  Exemptions.

5.14.050  Restrictions.

5.14.060  Appeals.

5.14.070  Violation--Civil penalty.

5.14.010 Definitions.

For the purposes of this chapter, the following words will have the following meanings:

A.  A “canvasser” or “solicitor” is defined as any individual, who is traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares, merchandise, and personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether for compensation or without compensation, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided, that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the town for the sole purpose of exhibiting samples and taking orders for future delivery; provided, that anyone soliciting orders or transacting business with business establishments or retail or wholesale outlets for resale or retail sales by said outlets in the town shall be excluded from the definition herein set forth and the scope of this chapter.

B.  “Peddler” means and includes any person, who is traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, sells or offers the same for sale, from the wagon, automotive vehicle, railroad car, or other vehicle or conveyance; and, provided further, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of the scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter.  “Peddler” includes the words “hawker” and “huckster.”  “Peddler” does not include any person selling farm products produced and/or manufactured by him as provided by RCW 20.01.030(2), and no permit shall be required for such person.  (Ord. 409 §1, 2003:  Ord. 263 §1(part), 1992)

5.14.020 Permit required.

A.  It is unlawful for any person to engage in the business of peddler, solicitor or canvasser as defined in this chapter within the corporate limits of the town without first obtaining a permit from the town of Wilbur, as provided in this chapter.

B.  Applicants for a permit under this chapter shall file with the town clerk-treasurer the following information, in writing, on a form to be prescribed by the town clerk-treasurer:

1.  The name and address of the peddler, solicitor or canvasser;

2.  The name, address, state of Washington business license number, telephone number and address of the person, firm or corporation by whom employed and the names of the corporate officers thereof;

3.  The length of service of each peddler, solicitor or canvasser with such employer;

4.  The place of residence and nature of the employment of the peddler, solicitor or canvasser with such employer during the last preceding year;

5.  The nature or character of the goods, wares, merchandise or services to be offered by the peddler, solicitor or canvasser;

6.  A personal description of the peddler, solicitor or canvasser;

7.  A statement as to any convictions of any crimes, misdemeanors, violations of municipal ordinances, the date, the nature of the offense and the penalty assessed therefor, and an authorization allowing release of all criminal history record information to the Wilbur police department;

8.  Vehicle to be used, a description of the same, together with license number.

C.  Such permit application shall be accompanied by such credentials and other evidence of good moral character and identity of each peddler, solicitor or canvasser as may be reasonably required by the town clerk-treasurer.  (Ord. 409 §2, 2003:  Ord. 263 §1(part), 1992)

5.14.025 Permit--Investigation and issuance.

A.  Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant to be made as is deemed necessary for the protection of the public good.

B.  If, as a result of such investigation, the applicant is found to pose a threat to the public health, safety or welfare because of his/her business or background, the chief of police shall endorse on such application the reasons for disapproval and return the application to the clerk-treasurer within three business days, who shall notify the applicant that the application is disapproved and that no permit will be issued.  The decision of the chief of police may be appealed to the city council by filing with the clerk-treasurer within fourteen days from the decision a written notice of appeal specifying the grounds for appeal.

C.  If, as a result of such investigation, the applicant is found to be satisfactory, the approval of the chief of police shall be endorsed on the application and it shall be returned to the clerk-treasurer within three business days, who shall deliver it to the applicant.  Such permit shall contain the signature of the issuing officer, the name and address of the business, the kind of goods to be sold, the date of issuance, the length of time it shall be operative, the license number and other identifying description of any vehicle used in such business and the name of all parties to be covered by the permit.  The clerk-treasurer shall keep a permanent record of all permits issued.  (Ord. 409 §3, 2003:  Ord. 263 §1(part), 1992)

5.14.030 Fees and renewals.

A.  There will be no permit fees charged to persons permitted in this chapter except as outlined in subsections B and C of this section.

B.  The fee for a hawker, peddler or canvasser being granted a fixed location on a public street shall be fifty dollars per day, said location to be designated at the discretion of the chief of police having in mind provisions herein.

C.  An investigation fee of twenty-five dollars shall be paid to the town by each applicant.  The fee shall be paid to the town clerk-treasurer for deposit in the general fund and used to defer the cost of any investigation made of the applicant.  Each application for a permit shall be processed for approval by the chief of police.

D.  Permits shall be issued for a period of one year and may be renewed without investigation upon application being made within ten days after the expiration of the permit period.  In the event that within ten days after the expiration of the permit period a renewal application has not been filed with the town clerk, the applicant's request for a new permit shall be considered as an original application.  (Ord. 409 §4, 2003:  Ord. 263 §1(part), 1992)

5.14.040 Exemptions.

This chapter shall not apply and the word “person” shall not be interpreted to define any nonprofit, nonstock corporation or charitable or religious corporation or school clubs (K-12) or distributors of regularly published newspapers who would otherwise fall within the definition of “peddler,” as set forth in Section 5.14.010, and who distributes goods, wares or merchandise through the exclusive use of local members of their respective organizations, whose members conducting such peddling or distribution are local residents or reside within the corporate limits of the town.  (Ord. 263 §1(part), 1992)

5.14.050 Restrictions.

A.  No peddler, solicitor or canvasser shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location except on special permit, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public.  For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.  Special permits may be issued without a fee to private individuals and organizations during town festivals of general public interest in order to allow said organization to control fixed-site vendors during said festival.

B.  No peddler, solicitor or canvasser, nor any person on his behalf, shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound amplifying system, upon any of the streets, alleys, parks or other public places of the town on any private premises in the town where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell.

C.  A permit issued under this chapter may be suspended or revoked by the town clerk, or the town clerk may refuse to issue a renewal permit, for any of the following causes:

1.  Fraud, misrepresentation or false statement contained in the application for permit;

2.  Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor;

3.  Any violation of this chapter;

4.  Conviction of any crime or misdemeanor involving moral turpitude;

5.  Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

D.  This section shall be self-executing and the suspension or revocation shall be effective immediately.  The town clerk-treasurer shall give notice of the suspension or revocation of permit and sufficient notice shall be given if mailed or delivered to the permittee at his last known local address.

E.  Such permit shall be carried at all times by each peddler, solicitor or canvasser for whom issued when soliciting in the town and shall be exhibited by any such peddler, solicitor or canvasser whenever he or she shall be requested to do so by any police officer or any person being solicited.  (Ord. 409 §5, 2003:  Ord. 263 §1(part), 1992)

5.14.060 Appeals.

Any person aggrieved by the action of the police chief or the town clerk-treasurer in the denial of the permit, or in the suspension or revocation of a permit, shall have the right to appeal to the town council.  Such appeal shall be taken by filing with the town clerk-treasurer written notice thereof within five days after the entry of the order of suspension or revocation or denial.  The notice of appeal shall specify an address at which the permittee may be given notice of appearing on the appeal.  The town council shall hear the appeal or may refer the same to a committee of the council for hearing.  At the hearing the permittee shall be entitled to appear in person and offer evidence pertinent to the suspension, revocation or denial, and the town clerk-treasurer shall likewise be entitled to be heard at the hearing and offer evidence in support of his order of suspension or revocation.  The police chief may be present at the hearing and present evidence in support of his denial of the permit.  The town council shall determine whether the suspension, revocation or denial shall be sustained and its action in that respect shall be final and conclusive.  (Ord. 409 §6, 2003:  Ord. 263 §1(part), 1992)

5.14.070 Violation--Civil penalty.

Any person violating any provision of this chapter shall be deemed to have committed a civil infraction and shall be punished by a fine per occurrence as set forth in Section 1.08.030.  (Ord. 376 §2, 2001:  Ord. 367 §6, 2001:  Ord. 263 §1(part), 1992)