Chapter 5.24
COMMERCIAL SOLICITATIONS
Sections:
5.24.010 Commercial solicitor defined.
5.24.040 Permit – Application.
5.24.050 Permit – Investigation – Issuance.
5.24.060 Permit – Grant conditions.
5.24.090 “No Solicitors” sign – Compliance required.
5.24.100 Permit – Duration – Renewal.
5.24.110 Permit – Transferability.
5.24.150 Permit – Suspension or revocation – Appeal.
5.24.010 Commercial solicitor defined.
“Commercial solicitor” means any person who engages in the business or occupation of selling or offering for sale any goods, wares or merchandise, or any article or services, or conducting surveys or polls, or any other form of activity involving canvassing, soliciting or peddling from house to house or place to place within the city. “Commercial solicitor” includes peddlers, hawkers, itinerant vendors, and all similar forms of commercial activity, but excludes charitable and religious solicitations and appeals. For purposes of this chapter, “commercial solicitor” also excludes sidewalk vendors and mobile food facility operators, which shall be subject to the requirements of Chapter 5.90 CMC. (Ord. 23-05 § 2, 2023; 1964 Code § 7.50.)
5.24.020 Permit – Required.
It is unlawful for any commercial solicitor to engage in such business activity within the city without first receiving a permit therefor from the finance director. (1964 Code § 7.51.)
5.24.030 Permit – Exception.
No permit shall be required for soliciting orders at wholesale in other than a residential zone or for making deliveries other than as a commercial solicitor to regular customers on regularly established routes. (1964 Code § 7.52.)
5.24.040 Permit – Application.
Before any permit is issued pursuant to this chapter, an application for such permit shall be filed with the finance director, shall be signed and verified by the applicant and accompanied by the fee required and shall set forth the following:
A. The name and address of the applicant;
B. The name and address of the person by whom employed, if any;
C. The nature of the business for which a permit is requested;
D. The place or areas where such business is to be conducted;
E. A brief description of the nature and amount of equipment to be used in such business;
F. A personal description of the applicant;
G. Evidence of the identity of the applicant of such character as the police chief may require;
H. Fingerprints and thumbprints of the applicant;
I. Four small snapshots of the applicant;
J. Such other information in respect to the character and past and proposed activity of the applicant to enable the finance director and police chief to make a full and complete investigation. (1964 Code § 7.53.)
5.24.050 Permit – Investigation – Issuance.
The police chief and such other department heads as may be requested, within a reasonable time after the filing of an application, shall conduct such investigation as they may deem necessary concerning the application and the business proposed to be conducted and report their findings to the finance director. After such investigation and report, the finance director shall issue such permit if he finds the following to be true:
A. That all material facts in the application have been truthfully stated;
B. That the applicant has not previously been convicted of a crime involving moral turpitude;
C. That the commercial solicitation will not be detrimental to the public health, safety, morals or welfare, either by reason of the character of the applicant, the nature of the solicitation or the manner in which it is proposed to be conducted.
If he finds the above to be untrue, he shall deny such permit. (1964 Code § 7.54.)
5.24.060 Permit – Grant conditions.
The finance director may attach such terms and conditions to the grant of such permit as are not in conflict with any paramount law and as may be necessary or expedient to protect the public health, safety, morals or welfare. (1964 Code § 7.55.)
5.24.070 Permit – Fees.
The fee for issuing any permit under this chapter and the fee which shall be submitted with the application for permit under this chapter shall be established by the city council on occasion by resolution. The fees provided for herein shall be in addition to any license tax provided for in CMC 5.04.010 through 5.04.580. (Ord. 04-1906 § 4, 2004; 1964 Code § 7.56.)
5.24.090 “No Solicitors” sign – Compliance required.
It is unlawful for any solicitor within this chapter to ring the bell or knock on the door of any residence, dwelling, flat, or apartment, or attempt to gain admittance to any building whereon a sign bearing the words “No Solicitors,” “No Solicitors or Peddlers” or words of similar import indicating that solicitors are not wanted on such premises is painted, affixed or exposed to public view. (1964 Code § 7.58.)
5.24.100 Permit – Duration – Renewal.
Any permit issued pursuant to this chapter shall be of the same duration as the business license issued to such person or business. Any permit issued under this chapter may be renewed upon the filing of an application for the renewal with the finance director. Such application for renewal shall be in the same form as any application for an original permit and shall be issued or denied in a like manner as the original permit. (1964 Code § 7.59.)
5.24.110 Permit – Transferability.
No license or permit issued pursuant to the provisions of this chapter shall be used by or assigned to any other person. (1964 Code § 7.60.)
5.24.120 Permit – Exhibition.
Any permit issued to any person who goes from place to place in the city for the purpose of carrying on the business permitted shall carry such permit at all times he is conducting such business and shall exhibit the same worn upon an outer garment in a conspicuous place. (1964 Code § 7.61.)
5.24.130 Other requirements.
Compliance with this chapter shall be a prerequisite to the issuance of a business license so required by CMC 5.04.010 through 5.04.580, and any license issued contrary to this section shall be void. Compliance with this chapter shall not preclude the necessity of obtaining any other permits or licenses required by this code, any other ordinance of the city or other applicable law. (1964 Code § 7.62.)
5.24.140 Decision appeal.
In the event any person is aggrieved by any decision or action (other than revocation or suspension) of the finance director, such person may appeal such decision to the city council by filing with the city clerk a written notice of appeal within 10 days from the date of such decision or action. If such an appeal is filed, the city council, within a reasonable time, shall review the matter and, after such hearing thereon as the council may require, it shall have the right to grant or refuse such permit based on the standards of CMC 5.24.050. The action of the city council shall be final and conclusive, and there shall be no right of appeal therefrom. In the event that no appeal is filed within 10 days from a decision or action of the finance director, the aggrieved party shall have waived such right to appeal and the finance director’s action shall be final. (1964 Code § 7.63.)
5.24.150 Permit – Suspension or revocation – Appeal.
A. When any permit is issued pursuant to the terms of this chapter, such permit shall be revoked or suspended at any time thereafter by the finance director if he finds that any of the following are true:
1. That the continuance of the operations of the permittee are contrary to the public health, safety, morals or general welfare;
2. That the permittee has violated any of the provisions of this code;
3. That the permittee has violated any terms or conditions of his permit;
4. That the permittee has misrepresented any material fact in obtaining the permit;
5. That the permittee has suffered conviction of any public offense involving moral turpitude.
B. Such revocation or suspension shall be by delivering a notice of revocation or suspension with the reasons therefor to the applicant by mailing the same to the address of the permittee as set forth in his application. CMC 5.24.140 notwithstanding, such revocation or suspension shall be effective and final within five days following the date of mailing, unless within such period of time the applicant files with the city clerk an appeal from such revocation or suspension. Whether or not there is an appeal, the permit shall immediately be returned to the finance director, together with all facsimile copies thereof.
C. If an appeal under this section is timely filed, the city council shall set for hearing the revocation or suspension of such permit and at the conclusion of such hearing may uphold such revocation or suspension or may reinstate the permit, based on the standards of this section. The action of the city council shall be final and conclusive and there shall be no right of appeal therefrom. (1964 Code § 7.64.)