Chapter 5.08 PEDDLERS AND SOLICITORS

A. “Engaged in business” means and includes the conducting, managing or carrying on of any business mentioned in this chapter, by any person or owner, officer, agent, manager, employee, servant, tenant or lessee.

B. “Peddler” means and includes any person, whether a resident of the city or not, who travels by foot or by any type of conveyance from door to door, house to house, place to place or street to street, carrying, conveying or transporting food, goods, wares, merchandise, or other personal property of any nature whatever, offering or 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 any vehicle or from any place that is not a permanent store building. The word “peddler” means and includes the words “hawker,” “huckster” and “itinerant vendor.”

C. “Solicitor” means and includes any person, whether a resident of the city or not, who travels either by foot or by any type of conveyance from door to door, house to house, place to place, street to street, taking or attempting to take orders for the sale of foods, goods, wares, merchandise, or other personal property of any nature whatever for future delivery or for services to be furnished or performed in the future whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he collects advance payments on such sales or not. The word solicitor shall include any person who uses or occupies any building, structure, room, shop, conveyance or other place other than a permanent store building within the city for the purpose of exhibiting samples and taking orders for future delivery. The word solicitor shall include “itinerant merchants” and shall include solicitors as the same are defined in subsection H of Section 5.04.010 and any amendment or revision thereof hereafter ordained.

D. Telephone Solicitor. “Solicitor” as used in this chapter, in addition to the meaning designated in subsection C of this section, includes but is not limited to any person who carries on any of the foregoing activities by telephone rather than going personally from door to door whether the phone calls by such person originate within the city or from out of the city; any subsequent contact made with a person called by such telephone solicitor by any employee, salesman or other representative of the person, firm or organization making the original call shall be deemed a continuation of the original solicitation whether or not the person making the subsequent contact or call is invited or uninvited, or whether by appointment or without appointment with the person being so solicited. It is the intent and purpose of this subsection to license peddlers and solicitors who make their contact by telephone in the same way that peddlers and solicitors who go from door to door are licensed. (Ord. 356 § 1, 1962; prior code § 21.1)

5.08.020 License—Required.

It is unlawful for any person to engage in the business of peddler or solicitor within the city, or to go from door to door or house to house or street to street within the city, for the purpose, direct or indirect and whether or not the same is the sole purpose, of peddling or soliciting, without first obtaining a license therefor as provided in this chapter. (Prior code § 16.65)

5.08.030 License—Issuance—Contents—Permanent record.

The business license administrator shall, if the provisions of this chapter have been complied with, issue a license pursuant to such application which shall contain the name of the licensee, his address, the name and address of his employer, if any, the kind of product or service peddled or solicited, the number of the license, the fee paid, if any, the dates of issuance and expiration thereof, the license number or other identifying description of any vehicle used and the signature of the issuing officer. The business license administrator shall endorse the fact of issuance of a license on the application therefor and shall keep a permanent record of all licenses issued. (Prior code § 16.68)

5.08.040 License—Application requirements.

Applicants for a license under this chapter must file with the business license administrator a sworn application in writing on a form to be furnished by the business license administrator which shall contain the following information:

A. The name and description of the applicant;

B. The applicant’s local residence address and permanent or legal residence address;

C. The name and address of the applicant’s business, his interest in or relationship with such business, and, if the applicant is employed, the name and address of the employer;

D. A brief description of the nature of the applicant’s business and of the product or service to be peddled or solicited;

E. If any food product or substance for oral human consumption which is not prepackaged is to be peddled, a statement by a licensed physician and surgeon dated not more than ten days prior to the filing of such application certifying that the applicant is free of contagious, infectious or communicable disease;

F. If a farm product is to be peddled or solicited, whether the same is produced or grown by the applicant;

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

H. A statement whether the applicant has ever been convicted of any crime and if so the nature of the offense and the punishment or penalty assessed therefor. (Prior code § 16.66)

5.08.050 License—Deposit or return of fee.

At the time of making application for a license under this chapter, the applicant shall deposit with the business license administrator any license fee payable by the provisions of Section 5.04.350 of this title. (Ord. 86-008 § 2(1), 1986: prior code § 16.67: Ord. 215 § 2 (part))

5.08.060 License—Duration.

All licenses issued pursuant to this chapter shall be valid only for the period of time for which a license fee has been paid to the city. If no fee is payable by any licensee for a license issued pursuant to this chapter then such license shall be valid until the date shown on the license; provided however, that no license shall be valid during the suspension or after revocation in the manner provided in this chapter. (Ord. 86-008 § 2(2), 1986: prior code § 16.69: Ord. 215 § 2 (part))

5.08.070 License—Revocation.

Any license issued pursuant to this chapter may be revoked at any time by the business license administrator or chief of police of the city for any of the following reasons:

A. Fraud, misrepresentation or false statement contained in the application for a license;

B. Fraud, misrepresentation or false statement made in the course of carrying on the activity authorized by such license;

C. Violation of any provision of this chapter;

D. Conducting the activity authorized by the license in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety or general welfare of the public;

E. Conviction of any crime involving moral turpitude. (Prior code § 16.71: Ord. 215 § 4 (part))

5.08.080 License—False statements or misrepresentation by applicants forbidden.

No person shall make any false statement or misrepresentation in or in connection with any application for a license issuable pursuant to this chapter. (Prior code § 16.70: Ord. 215 § 4 (part))

5.08.090 Permit—Required.

No person shall engage in the business of peddler or solicitor within the city without first procuring a written permit to do so from the chief of police. (Prior code § 21.8: Ord. 215 § 3 (part))

5.08.100 Permit—Possession by persons engaging in business.

No person shall engage in the business of peddler or solicitor within the city without having in his possession a valid police permit, issued pursuant to Sections 5.08.090 through 5.08.180. (Prior code § 21.9: Ord. 215 § 3 (part))

5.08.110 Permit—Exhibition upon request.

Any person holding a police permit issued pursuant to Sections 5.08.090 through 5.08.180 is required to exhibit the same upon the request of any person. (Prior code § 21.10: Ord. 215 § 3 (part))

5.08.120 Permit—Issuance.

If, as a result of an investigation pursuant to Section 5.08.150, the applicant’s moral character and business responsibility are found to be satisfactory, and the applicant has not been convicted of a felony, or of a misdemeanor involving the violation of any municipal ordinance regulating or taxing any business, or of a misdemeanor involving moral turpitude, the chief of police shall issue or cause to be issued a permit addressed to the applicant for the carrying on of the business applied for, and the chief of police shall keep a record showing the number of each permit, the purpose for which it is issued, to whom it is issued, and the dates of issue and expiration thereof. (Prior code § 21.11: Ord. 215 § 3 (part))

5.08.130 Permit—Application—Requirements generally—Fee.

Applications for a police permit shall be made in writing to the chief of police, shall be on a form furnished by the chief of police, and shall be signed by the applicant who shall pay an application fee established by resolution of the city council. (Ord. 86-004 § 1, 1986: prior code § 21.2: Ord. 215 § 3 (part))

5.08.140 Permit—Application—Contents.

The application described in Section 4.08.130 shall contain the following information:

A. The name and description of the applicant;

B. The applicant’s local residence address and permanent or legal residence address;

C. A brief description of the nature of the business and the goods or services to be peddled or solicited;

D. If the applicant is employed, the name and address of his employer together with credentials establishing the exact relationship between the applicant and such employer;

E. The length of time for which the permit to peddle or solicit is desired;

F. A statement whether or not the applicant has been convicted of any felony or of any misdemeanor involving the violation of any municipal ordinance regulating or taxing any business or of a misdemeanor involving moral turpitude;

G. Such other information as the chief of police shall deem necessary and relevant to a determination of whether a police permit should be issued pursuant to Sections 5.08.090 through 5.08.180. (Prior code § 21.13: Ord. 215 § 3 (part))

5.08.150 Permit—Investigation of applicant.

The chief of police shall make or cause to be made, within a reasonable time after the filing of each application for a police permit, an investigation of the moral character and business responsibility of the applicant. (Prior code § 21.14: Ord. 215 § 3 (part))

5.08.160 Permit—Issuance prohibited upon disapproval of applicant.

If as a result of an investigation pursuant to Section 5.08.150 the applicant’s moral character and business responsibility are found to be unsatisfactory, or if the applicant has been convicted of a felony, or of a misdemeanor involving the violation of any municipal ordinance regulating or taxing any business, or of a misdemeanor involving moral turpitude, then the chief of police shall disapprove the application for a police permit and shall endorse his disapproval on the application and his reasons therefor, and shall notify the applicant and the business license administrator of such disapproval and shall not issue a permit pursuant to such application. (Prior code § 21.15: Ord. 215 § 3 (part))

5.08.170 Permit—False statements or misrepresentation by applicants forbidden.

No person shall make any false statement or misrepresentation in or in connection with any application for a permit issuable pursuant to Sections 5.08.090 through 5.08.180. (Prior code § 21.16: Ord. 215 § 4 (part))

5.08.180 Permit—Revocation.

Any permit issued pursuant to Sections 5.08.090 through 5.08.180 may be revoked at any time by the business license administrator or chief of police of the city for any of the following reasons:

A. Fraud, misrepresentation or false statement contained in the application for a permit or for a license;

B. Fraud, misrepresentation or false statement made in the course of carrying on the activity authorized by such permit;

C. Violation of any provision of this chapter;

D. Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety or general welfare of the public;

E. Conviction of any crime involving moral turpitude. (Prior code § 21.17: Ord. 215 § 4 (part))

5.08.190 Prohibited on posted premises.

No person shall peddle or solicit at any premises within the city which are posted with a clearly visible sign bearing the words “No Peddlers or Solicitors” or similar words of the same purpose and effect. (Prior code § 21.2: Ord. 215 § 5)

5.08.200 Net weight of farm products to be marked on containers.

Every person peddling fruit, vegetables or other farm products prepackaged in sacks, boxes, or other containers shall have plainly and indelibly marked on the outside of such container or on a tag attached thereto the correct net weight of the contents of such container where such net weight of contents exceeds five pounds. (Prior code § 21.3)

5.08.210 Exemption granted to persons soliciting goods for religious purposes.

Notwithstanding anything in this chapter to the contrary, none of the provisions of this chapter shall apply to persons peddling or soliciting goods or publications for the sole and bona fide purpose of propagating a religious faith, doctrine or belief. (Prior code § 21.4)

5.08.220 Appeals from adverse decisions—Generally.

Any person aggrieved by any action of the business license administrator or chief of police taken pursuant to this chapter shall have the right of appeal to the city council. The decision and order of the council in such appeal shall be final and conclusive. (Prior code § 21.5)

5.08.230 Appeals from adverse decisions—Filing statement of grounds of appeal.

Every appeal authorized by Section 5.08.220 shall be taken by filing with the city clerk, within fourteen days after notice of the action complained of has been received by such person, a statement setting forth fully the grounds of such appeal. (Prior code § 21.6)

5.08.240 Appeals from adverse decisions—Hearing.

The council shall set a time and place for a hearing on such appeal and the city clerk shall promptly give notice of such hearing to the appellant in writing and mailed, postage prepaid, to the appellant at his last known address at least five days prior to the date set for such hearing. (Prior code § 21.7)