Chapter 5.05
PEDDLERS
Sections:
5.05.040 Application for license.
5.05.050 Religious and charitable organizations – Exemption.
5.05.060 Investigation and issuance.
5.05.080 Loud noises prohibited.
5.05.100 Exhibition of license – Police enforcement.
5.05.120 Revocation of license.
5.05.150 Expiration of license.
5.05.010 Definitions.
In this chapter unless the context otherwise requires:
A. “Peddler” means any person, whether a resident of the town or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers.
B. “Solicitor” means any person, whether a resident of the town or not, who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sales of goods, wares or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders. Such definition includes any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, railroad boxcar, boat, hotel room, lodging house apartment, shop or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery.
C. “Transient merchant” means any person, firm, or corporation, whether as owner, agent, consignee, or employees, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the town, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public rooms in hotels, lodging houses, apartments, shops, or any street, alley or other place within the town, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, that such definition does not include any person, firm or corporation who while occupying such temporary location does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged is not relieved from complying with the provisions of this chapter merely be reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. [Code 1983 § 9-1-1.]
5.05.020 License required.
It is unlawful for any peddler, solicitor or transient merchant to engage in any such business within the city without first obtaining a license therefor in compliance with the provisions of this chapter. [Code 1983 § 9-1-2.]
5.05.030 Exemptions.
The terms of this chapter do not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys, nor to the acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this chapter prohibits any sale required by statute or by order of any court, or prevents any person from conducting a bona fide auction sale pursuant to law. [Code 1983 § 9-1-3.]
5.05.040 Application for license.
Applicants for a license under this chapter shall file with the town clerk a sworn application in writing on a form to be furnished by the clerk which shall give the following information:
A. Name and physical address of applicant;
B. Complete permanent home and local address of the applicant and, in the case of a transient merchant, the local address from which proposed sales will be made;
C. A brief description of the nature of the business and the goods to be sold;
D. If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship;
E. The length of time for which the right to do business is desired;
F. The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said application is filed, and the proposed method of delivery;
G. A recent photograph of the applicant which picture shall be approximately two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
H. The names of at least two property owners of Navajo County, Arizona, who will certify as to the applicant’s good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
I. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor;
J. The last cities or towns, not to exceed three, where applicant carried on business immediately preceding the date of application and the address from which such business was conducted in those municipalities; and
K. At the time of filing the application, a fee of $2.00 shall be paid to the clerk to cover the cost of investigation of the facts stated therein. [Code 1983 § 9-1-4.]
5.05.050 Religious and charitable organizations – Exemption.
A. 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 for which a fee is charged or solicited from 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 a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of TTC 5.05.040, 5.05.065 and 5.05.070 provided there is filed a sworn application in writing on a form to be furnished by the town clerk which shall give the following information:
1. Name and purpose of the cause for which permit is sought;
2. Names and addresses of the officers and directors of the organization;
3. Period during which solicitation is to be carried on;
4. Whether or not any commission fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof.
B. Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, association or corporation to solicit in the such organization, association or corporation shall furnish all of its members, agents or representatives conducting solicitation credentials in writing stating the name of the organization, name of agent and purpose of solicitation. [Code 1983 § 9-1-5.]
5.05.060 Investigation and issuance.
A. Upon receipt of each application, it shall be referred to the chief of police who shall immediately institute such investigation of the applicant’s business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section within 72 hours after it has been filed by the applicant with the clerk.
B. If as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the chief shall endorse on such application his disapproval and his reasons for the same, and return the application to the clerk, who shall notify the applicant that this application is disapproved and that no license will be issued.
C. If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief shall endorse on the application his approval and return the application to the clerk, who shall upon payment of the prescribed license fee, deliver to the applicant his license, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such licensed business. Each peddler, solicitor, or transient merchant must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. The clerk shall keep a permanent record of all licenses issued. [Code 1983 § 9-1-6.]
5.05.065 Fees.
A. An annual peddlers’ or solicitors’ permit fee as established by resolution of the town council shall be required at the time of application.
B. Any person applying for a peddlers’/solicitors’ permit as required by this chapter shall submit the completed application along with an application fee as established by resolution of the town council. [Code 1983 § 9-1-7.]
5.05.070 Bond.
A. Every applicant, not a resident of the state of Arizona, or who being such resident represents a firm whose principal place of business is located outside the state of Arizona, shall file with the clerk a surety bond, running to the town in the amount of $500.00 if the license is issued for six months or longer, with surety acceptable to and approved by the council.
B. The bond shall be conditioned on the applicant’s full compliance with all the provisions of this code and of the ordinances of the town and the state laws regulating peddlers, canvassers, solicitors, transient merchants, itinerant merchants, or itinerant venders, as the case may be, and shall guarantee to any citizen of the town that all money paid as a down payment will be accounted for and applied according to the representations of the licensee, and further guaranteeing to any citizen of the town doing business with said solicitor that the property purchased will be delivered according to the representations of the solicitor.
C. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given, but the surety may, by paying, pursuant to order of the court, the face amount of the bond to the clerk of the court in which suit is commenced, be relieved without costs of all further liability. [Code 1983 § 9-1-8.]
5.05.080 Loud noises prohibited.
No licensee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the town or upon private premises 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 licensee proposes to sell. [Code 1983 § 9-1-9.]
5.05.090 Use of streets.
No licensee shall have any right to any location in the public streets, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purposes of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. [Code 1983 § 9-1-10.]
5.05.100 Exhibition of license – Police enforcement.
A. Licensees are required to exhibit their certificate of license at the request of any citizen.
B. It shall be the duty of the town police to require any person peddling, soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his license and to enforce the provisions of this chapter against any person found to be violating the same. [Code 1983 § 9-1-11.]
5.05.110 Records.
The chief of police shall report to the town clerk all convictions for violation of this chapter and the town clerk shall maintain a record for each license issued and record the reports of violations therein. [Code 1983 § 9-1-12.]
5.05.120 Revocation of license.
A. Licenses issued under the provisions of this chapter may be revoked by the council, after notice and hearing, for any of the following causes:
1. Fraud, misrepresentation or incorrect statement contained in the application for license;
2. Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor;
3. Any violation of this chapter;
4. Conviction of any crime or misdemeanor;
5. Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant or itinerant vendor, as the case may be, 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.
B. Notice of the hearing for revocation of a license shall be given by the clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. [Code 1983 § 9-1-13.]
5.05.130 Appeal to council.
Any person aggrieved by the action of the chief of police or the clerk in the denial of a permit or license may appeal to the council. Such appeal shall be taken by filing with the council within 14 days after notice of the action complained of a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in TTC 5.05.120 for notice of hearing on revocation. [Code 1983 § 9-1-14.]
5.05.140 Re-application.
No licensee whose license has been revoked shall make further application until at least six months have elapsed since the last previous revocation. [Code 1983 § 9-1-15.]
5.05.150 Expiration of license.
All annual licenses issued under the provisions of this chapter shall expire at midnight December 31st in the year when issued. Other than annual licenses shall expire at midnight on the date specified in the license. [Code 1983 § 9-1-16.]