Chapter 5.10
DOOR-TO-DOOR SALES
Sections:
5.10.020 Business license required.
5.10.030 Door-to-door sales license required.
5.10.050 Application and issuance.
5.10.070 Exhibition of identification card.
5.10.080 License and identification card duration – Renewal.
5.10.090 Prohibited activities.
5.10.100 Denial – Restriction – Suspension –Revocation.
5.10.110 Occupational licensing regulation.
5.10.010 Definitions.
In this chapter, unless the context otherwise requires:
A. “Peddler” means any corporation, partnership, individual, firm, or other entity, whether resident of the town or not, who travels or whose agents travel from house to house carrying, conveying or transporting goods, wares, merchandise, edible foodstuffs or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers. It is further provided that a person who solicits orders and, as a separate transaction, makes delivery 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 herein contained.
B. “Solicitor” means any person, corporate or individual, or firm, whether resident of the town or not, who travels, or whose agents move or travel, from house to house taking or attempting to take orders for sale of goods, wares and merchandise, edible foodstuffs, or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether collecting advance payments on such sales or not. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.020 Business license required.
Subject to the provisions of Arizona state law, it is unlawful for any peddler or solicitor, as the same are defined in this chapter, to engage in such business within the corporate limits of the town without first obtaining a business license therefor in compliance with the provisions of this title. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.030 Door-to-door sales license required.
A. Any person operating as a peddler or solicitor shall register with the town clerk and obtain a door-to-door sales license and identification card showing such registration.
B. When more than one trade, calling, profession, occupation or business shall be carried on, transacted or practiced by the same person, corporation or partnership without any fixed place of business, and travel is from house to house, a separate door-to-door license shall be required and a separate appropriate fee be paid for each activity for which a license is required by this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.040 Exemptions.
The only exceptions to the licensing requirements of this chapter shall be:
A. Nonprofit educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments.
B. Nonprofit private clubs where a basic membership fee covers the cost of the use of the facilities.
C. Community organizations/events upon approval of the town clerk.
D. Businesses and trades which are exempt from licensing and tax regulations under federal and state statutes.
E. Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise to persons other than members of such organization upon the streets, in office or business buildings, by house-to-house canvass or in public places for charitable, religious, patriotic or philanthropic purpose exclusively. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.050 Application and issuance.
A. It shall be the duty of the town clerk to design an application for a license, and, upon receipt of a properly completed application, issue a license under this chapter.
B. In no case shall any mistake made by the town clerk in issuing any license or collecting the amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein prevent, prejudice or stop the town from collecting the correct amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein, or revoking any license erroneously issued and refunding the fee collected.
C. Licenses issued pursuant to this chapter shall not be transferable from one person to another.
D. Any change in information required to be submitted by this chapter must be provided to the town clerk on a form provided by the town clerk for that purpose within 10 calendar days of any such change.
E. Identification cards under this chapter shall be given to all applicants who have complied with this section, unless the town clerk discovers through any investigation that the applicant, his or her agents, or representatives have been convicted of or have pending charges for any felony or misdemeanor affecting their truth, honesty or veracity. In such cases the application shall be denied or revoked.
F. The town clerk may receive and review the criminal history record information, including conviction and nonconviction data, of license applicants for the purpose of evaluating the fitness of prospective licensees in connection with the issuance, renewal, suspension or revocation of a peddler or solicitor license. Such information shall be used only for the purpose of such evaluation. The town clerk shall submit a full set of the license applicant’s fingerprints to the Arizona Department of Public Safety for the purpose of obtaining a state and federal criminal records check pursuant to ARS 41-1750, and Public Law 92-544. The Arizona Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation. [Ord. 2019-137 § 1; Ord. 2017-117 § 1; Ord. 2015-101 § 1; Ord. 2012-062 § 2.]
5.10.060 Fees.
A. All applicants shall pay a nonrefundable license fee as set forth in Chapter 3.10 STC.
B. In addition to the fee required by subsection A of this section, the applicant shall provide to the town clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.070 Exhibition of identification card.
Peddlers and solicitors are required to exhibit their original identification card at all times. Exhibition of any copy or facsimile of the original shall not be considered in compliance with this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.080 License and identification card duration – Renewal.
A. Any license or identification card issued pursuant to this chapter shall, unless otherwise provided for herein, expire and become null and void on July 31st of each year.
B. Annual renewal of any license or identification card provided for in this chapter shall be made by completing a renewal application as prescribed by the town clerk and payment of the appropriate fee as set forth in Chapter 3.10 STC.
C. In addition to the fee required by subsection B of this section, the applicant shall provide to the town clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to the provisions of this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.090 Prohibited activities.
A. It is unlawful for any peddler or solicitor to conduct or transact business without having registered with the town clerk and without having obtained an identification card; without having such card in possession; or failing to exhibit such card at all times. Each violation of this chapter shall constitute a separate violation for each and every day that such activity occurred within the town.
B. It shall be unlawful for any person to engage in door-to-door sales, or to employ or hire another to engage in door-to-door sales, without possessing a valid door-to door license therefor as provided in this chapter. It shall further be unlawful for any person to engage in, or to employ or hire another to engage in, door-to-door sales while that person’s door-to-door sales license is suspended.
C. It shall be unlawful for any person to engage in door-to-door sales after the later of 7:00 p.m. or sunset and before sunrise. This provision shall apply only to door-to-door sales within a residential area.
D. It is unlawful for any person to exhibit any copy of the identification card issued under this chapter.
E. It is unlawful for any peddler or solicitor or their agents or representatives to come upon any premises whereon a sign bearing the words “no peddlers” or “no canvassers” or “no solicitors” or any combination of such terms or terms similar thereto is exposed to public view or to remain on any premises after having been requested to leave by the owner or occupant thereof whether such premises are posted as specified above or not. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.100 Denial – Restriction – Suspension –Revocation.
A license issued under the provisions of this chapter may be denied, restricted, suspended or revoked by the town clerk for any of the following causes:
A. Fraud, misrepresentation or material false statement contained in the application for license, or made in the course of carrying on the business.
B. Any violation of this chapter, town ordinance, or state or federal law, or in the interest of public safety and protection.
C. Conviction of any felony or misdemeanor.
D. The applicant has had a door-to-door sales license revoked within the previous year. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.10.110 Occupational licensing regulation.
Occupational licenses are issued pursuant to ARS 9-842. [Ord. 2019-137 § 1.]