Chapter 3.92 SOLICITORS AND PEDDLERS--CHARITABLE SALES

A. “Peddler” is defined as any person, including salesman or vendor, who goes from house to house, place to place, or in or along the streets, within the city selling and making immediate delivery, or offering for sale and immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise, newspapers, magazines or services or anything of value in the possession of the peddler to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services.

B. “Solicitor” is defined as any person, including salesman or vendor, who engages in the business of going from house to house, place to place, or in or along the streets, within the city, selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise, newspapers, magazines or services, or other things of value, for future delivery or for services to be performed in the future, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services. (Ord. 6-74 Art. I §1, 1974).

3.92.020 Application of article.

This article shall not apply to persons under eighteen years of age. (Ord. 6-74 Art. I §2, 1974).

3.92.030 Permit required--Refusal or failure to show upon request unlawful.

It is unlawful for any person to solicit or peddle within the city unless he first obtains an identification permit to do so from the chief of police as provided in this article.Such permit shall be in addition to any business license required.

It is unlawful for any person holding a permit issued under this article to refuse or fail to show the same when requested. (Ord. 6-74 Art. I §3, 1974).

3.92.040 Investigation of application--Information required.

The identification permit to conduct the business of a solicitor or peddler shall only be issued by the chief of police upon application therefor, and after an investigation is made by him. In making the investigation the chief of police shall be furnished the following information and records by the applicant:

A. Name and description of applicant;

B. Address, legal and local (if any);

C. A brief description of the nature of the business and the goods, wares, merchandise and services to be sold or furnished;

D. If employed, the name and address of the employer, together with credentials establishing the exact relationship;

E. The length of time desired in which to do business;

F. If a vehicle is to be used, a description of the same, together with license number or other means of identification;

G. A photograph of the applicant, taken within sixty days immediately prior to the date of filing of the application, which picture shall show the head and shoulders of the applicant in a clear and distinguishing manner;

H. Fingerprints of the applicant to be taken by the chief of police, or a member of the police department at the discretion of the chief of police;

I. A statement as to whether or not the applicant has been convicted of a crime (felony or misdemeanor), the nature of the offense and the punishment or penalty assessed therefor;

J. A statement from a reputable physician of the city, dated not more than ten days prior to submission of the application for license and permit, certifying the applicant to be free of infectious, contagious or communicable disease. The chief of police in his discretion may waive the requirements of this subsection;

K. Such other information as the chief of police shall deem reasonably necessary and appropriate for a determination of whether an identification permit should by issued pursuant to this article. (Ord. 6-74 Art. I §4, 1974).

3.92.050 Fee required.

Every application for an identification permit shall be accompanied by a nonrefundable processing fee. A fee shall be set by the city council, by resolution, to cover the services performed by the police department. The identification permit shall be valid for one year from its date of issuance and may be renewed subject to Section 3.92.070 for a fee to be set by city council resolution. (Ord. 4-92 §2, 1992; Ord. 6-74 Art. I §5, 1974).

3.92.060 Conditions precedent to business license designated.

The information required for a permit by Section 3.92.040 to engage in the business of solicitor or peddler shall be furnished to the chief of police in conjunction with the application for a business license for the occupation of a solicitor or peddler required by Ordinance 1-60 codified in Chapters 2.20 and 3.40 through 3.76 of this code, and the investigation by the chief of police and the issuance of an identification permit shall be necessary conditions precedent to the granting of such a business license; after the investigation is made and an identification permit issued, a business license for such occupation or business shall be issued by the city clerk, upon the payment of the license fee in conformity with the provision of Ordinance 1-60 codified in Chapters 2.20 and 3.40 through 3.76 of this code, and ordinances of the city as now or hereafter in force and effect. (Ord. 6-74 Art. I §6, 1974).

3.92.070 Issuance or denial.

The chief of police, upon being advised of the application of an applicant for a business license for the business or occupation of a solicitor or peddler in the city in accordance with Ordinance 1-60 codified in Chapters 2.20 and 3.40 through 3.76 of this code, and upon being furnished the information and records required by the provisions of this chapter, shall complete his investigation of the applicant within the period of thirty days from the date of submission of the information required pursuant to Section 3.92.040. If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall issue an identification permit described in Section 3.92.100 in favor of the applicant for the carrying on of the business or occupation of a solicitor or peddler in the city, which permit, and the business license issued in connection therewith, shall be valid for a period of no longer than one year and subject to the revocation provisions of this article. The permittee shall return the identification permit to the police department upon the expiration or revocation of the permit. If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall make his findings and reasons for disapproval and transmit the same to the city clerk who shall notify the applicant that his application is disapproved and that no permit or license will be issued. (Ord. 6-74 Art. I §7, 1974).

3.92.080 Appeal from denial--Hearing.

Any person aggrieved by the decision of the chief of police in denying an application for an identification permit to engage in the business of soliciting or peddling may appeal the decision to the city council in accordance with the requirements of Chapter 1.25. (Ord. C-7-08 §5(part), 2008: Ord. 6-74 Art. I §8, 1974).

3.92.090 Nontransferability.

No identification permit to engage in the business of solicitor or peddler issued under this article, shall be transferable and the same, as issued, shall be personal to the person to whom issued. (Ord. 6-74 Art. I §9, 1974).

3.92.100 Presentation upon request.

Any identification permit to engage in the business of solicitor or peddler issued under this article shall be kept in the possession and on the person of the solicitor or peddler to whom it is issued and upon demand by the chief of police, or by a member of the police department, or by any person with whom such solicitor or peddler conducts or proposes to conduct business, must be produced for examination. (Ord. 6-74 Art. I §10, 1974).

3.92.110 Period of validity.

Any identification permit to engage in the business of solicitor or peddler issued under the provisions of this article shall be valid only between the hours of nine a.m. and six p.m. of any day. However, nothing herein shall be construed as prohibiting meeting any person by appointment at hours other than those set out in this section. (Ord. 6-74 Art. I §11, 1974).

3.92.120 Revocation--Grounds.

Identification permits to engage in the business of solicitor or peddler issued under the provisions of this article may be revoked by the chief of police for any of the following reasons:

A. Fraud, misrepresentation or false statements contained in the application for the identification permit;

B. Fraud, misrepresentation or false statements made in the course of carrying on the business of peddling or soliciting;

C. Conviction of any felony or any misdemeanor involving moral turpitude;

D. Conducting the business of peddling or soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace and to constitute a menace of the health, safety or morals or general welfare of the public;

E. Any violation of this article or of Ordinance 1-60 codified in Chapters 2.20 and 3.40 through 3.76 of this code or other ordinance of the city. (Ord. 6-74 Art. I §12, 1974).

3.92.130 Revocation--Effect--Appeal.

Upon the revocation of any identification permit to engage in the business of solicitor or peddler, issued under this article, the chief of police shall make his findings and reasons for revocation and transmit them to the permittee whose license has been revoked, and a copy thereof to the city clerk. Revocation of an identification permit automatically revokes the business license to which the identification permit applies. The permittee whose permit has been revoked shall have the right of appeal to the city council in the same manner and in conformity with the same procedure set forth in Section 3.92.080. (Ord. 6-74 Art. I §13, 1974).

II. PERMITS FOR CHARITABLE SALES AND SOLICITATIONS

3.92.140 Required.

It is unlawful for any person to sell or solicit for the sale of any goods, wares or merchandise for which a permit and license is not required under any ordinance of the city, or to solicit for the taking of subscriptions for newspapers, periodicals, magazines or subscriptions for any other thing or book or collecting money or goods or wares for charitable organizations or for charitable purposes without first securing a permit from the police department authorizing such person to do so. (Ord. 6-74 Art. II §1, 1974).

3.92.150 Application--Contents.

All applications for a permit required by the preceding section shall be in writing, giving:

A. The name of the person;

B. Residence of the person;

C. What such person desires to do under such permit;

D. The firm, company, corporation or institution, if any, represented by such person, and the location thereof;

E. The length of time such permit is desired;

F. Such other information as the police department may desire. (Ord. 6-74 Art. II §2, 1974).

3.92.160 Investigation by police.

The police department is authorized to require any person applying for a permit under this article to display or show proper credentials when representing another person, corporation or institution other than himself and may also take the fingerprints of applicants if desired by the police department and may delay the granting of such permits for a period not exceeding one week within which to give the police department an opportunity to check the information supplied by applicants, as well as the applicants themselves. The applicant shall pay costs incurred by the city for processing fingerprints or other investigative procedures required hereunder. (Ord. 6-74 Art. II §3, 1974).

3.92.170 Refusal to grant.

If, after the investigation by the police department as allowed by Section 3.92.160 the department should deem it advisable, the department may refuse to grant a permit under this article. (Ord. 6-74 Art. II §4, 1974).

3.92.180 Appeal from denial.

A decision of the police department in denying a permit under this article may be appealed to the city council in accordance with the requirements of Chapter 1.25. (Ord. C-7-08 §5(part), 2008: Ord. 6-74 Art. II §5, 1974).

3.92.190 Display required upon request.

Any person issued a permit under this article shall be required to keep the permit in his possession and upon his person when attempting to conduct any business authorized by the permit.

It is unlawful for any person holding a permit under this article to refuse to show or display the permit when requested to do so by any person approached by the person holding such permit or by any officer of the city. (Ord. 6-74 Art. II §6, 1974).

3.92.200 Duration.

The permits issued under this article shall be issued for a period of not less than two days nor more than six months, and each permit shall specify upon its face the expiration date thereof. The permittee shall return the identification permit to the police department upon the expiration or revocation of the permit. (Ord. 6-74 Art. II §7, 1974).

3.92.210 Nontransferable.

Permits issued under this article are not transferable and only authorize the particular person to whom the same is issued to act thereunder. (Ord. 6-74 Art. II §8, 1974).

3.92.220 Revocation.

All permits issued under this article may be revoked if the person receiving the same has made any false statement in the application for such permit or if such person violates any law of the state or ordinance of the city. (Ord. 6-74 Art. II §9, 1974).