CHAPTER 113
Peddlers and Solicitors
Section
113.03 Permit requirements and exemptions
113.04 Permit for sponsoring juvenile peddlers
113.07 Application review and permit issuance
113.13 Entry upon premises unlawful
113.01 PURPOSE.
The purpose of this chapter is to protect citizens from criminal activity, particularly fraud, burglary, and crimes against persons, to protect citizens’ privacy, and to minimize unwelcome disturbances and disruption of the privacy of citizens’ homes and places of business.
(Ord. 06-66)
113.02 DEFINITIONS.
The following words, terms, and phrases, and their derivations, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
CANVASSER. Any person who attempts to make personal contact with a person at his/her residence or place of business without prior specific invitation or appointment from that person, for the primary purpose of:
(1) Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue, or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
(2) Distributing a handbill or flyer advertising a non-commercial event or service.
CHARITABLE. Means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal.
CLERK. The City Clerk or his/her designee.
CONTRIBUTIONS. Means and includes the words alms, money, subscription, property or any donations under the guise of a loan or money or property.
DEPARTMENT. The Department of Public Safety.
DIRECTOR. The Director of Public Safety or his/her designee.
OCCUPANT or RESIDENT. A person occupying or residing at a private residence in the city, or the person(s) authorized to permit or deny entry to a place of business in the city.
PEDDLER. Any person who goes upon the premises of any private residence or place of business in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature (including tickets or tokens for a raffle or similar game of chance) and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter. PEDDLER does NOT include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good, or service that is offered to a resident for purchase at a location away from his/her residence or place of business, or at a time different from the time of visit.
PEDDLING. Includes all activities ordinarily performed by a peddler as indicated under the definition of PEDDLER.
PERSON. A natural person or any firm, corporation, association, club, society or other organization.
PLACE OF BUSINESS. Any private or commercial office, workplace, store, factory, warehouse, hall, or other place of work, occupation, profession or business, not, however, including any public or government office or premises to which the public is invited or regularly admitted.
SOLICITOR. Any person who goes upon the premises of any private residence or place of business in the city, not having been invited by the occupant s thereof, for the purpose taking or attempting to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon private property, to request contribution of funds or anything of value, or to sell goods or services for political, charitable, religious, or other non-commercial purposes.
SOLICITATION. Includes all activities ordinarily performed by a solicitor as indicated under the definition of SOLICITOR.
(Ord. 06-66)
113.03 PERMIT REQUIREMENTS AND EXEMPTIONS.
It shall be unlawful for any person 18 years of age or older to engage in peddling or soliciting within the city without first obtaining a permit issued by the Clerk; provided, however, that the following are exempted from the provisions of this chapter:
(A) Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made;
(B) Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation;
(C) Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable organization; or
(D) Activities of a canvasser as defined in § 113.02, except for the hours and posting provisions set forth in §§ 113.13 and 113.14.
(Ord. 06-66)
113.04 PERMIT FOR SPONSORING JUVENILE PEDDLERS.
(A) No person under the age of 18 shall be permitted to engage in peddling or solicitation except as provided in this section.
(B) A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one or more persons under 18 years of age.
(C) The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, peddling or soliciting under the sponsor’s permit.
(D) The sponsor shall provide to each individual in its sales force a badge or other easily readable form of identification which identifies the name of the sponsor, the name of the individual, and the permit number. The sponsor shall require all individuals in its sales force to wear such identification so that it is clearly visible at all times when the individuals are peddling or soliciting.
(E) The sponsor shall comply with the applicable requirements of NMSA §§ 50-6-1 through 50-6-16 concerning employment of children.
(Ord. 06-66)
113.05 PERMIT APPLICATION.
Every person subject to the provisions of this chapter shall file with the Clerk an application in writing on a form to be furnished by the Clerk, which shall include the following:
(A) Proof of date of birth, address and identification of the applicant, to be provided through the applicant’s driver’s license, articles of incorporation or organization (for sponsors), or other legally recognized form of identification, and the employer identification number for sponsors.
(B) A brief description of the business or activity to be conducted.
(C) The hours, location and term for which the right to peddle or solicit is desired.
(D) If employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be.
(E) A statement as to whether or not the applicant has been convicted of a crime or ordinance violation involving:
(1) Moral turpitude;
(2) Sexual assault or molestation;
(3) Violence against persons or property;
(4) Theft, fraud, deceit or misrepresentation; or
(5) Acts committed while acting as a peddler, solicitor, or canvasser, and, if so, the nature of the offense(s) and/or violation(s), the penalty or punishment imposed for each, the date when and place where each such offense occurred, and other pertinent details thereof.
(F) A statement as to whether or not the applicant has had any civil judgments entered against him or her, based upon the applicant’s fraud, deceit or misrepresentation.
(G) Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business (including but not limited to a current city business registration pursuant to Chapter 110 if required thereunder), or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter.
(H) Two passport-sized photographs of the applicant, showing the head and shoulders of the applicant, unobstructed and in a clear and distinguishing manner, taken within 60 days prior to submission. Notwithstanding the foregoing, the photographs may be submitted when the applicant has been notified that all other permit requirements have been met.
(Ord. 06-66)
113.06 FEES.
At the time the application is filed with the Clerk, the applicant shall pay a fee, to be established by the Clerk from time to time, which shall cover the cost to the city of processing the application and investigating the facts stated therein, and which may vary according to the term of the permit.
(Ord. 06-66)
113.07 APPLICATION REVIEW AND PERMIT ISSUANCE.
(A) Upon receipt of an application, the Clerk shall forward the application to the Director, who shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare, according to the requirements set forth in this section and § 113.09.
(B) If the Director finds the application to be satisfactory pursuant to this chapter, the Director shall recommend that the Clerk approve the application. The Clerk shall thereupon endorse his approval on the application and shall, upon payment of the prescribed fee and provision of the required photographs (if not previously provided), deliver the required permit to the applicant.
(C) The permit shall show the name and photograph of the permittee, the address of the business or organization for which the permittee will act as a peddler or solicitor (or the permittee’s home address, if applicable to a home occupation or endeavor), the class of permit issued, the kind of goods or services to be sold or delivered, if any, the permit number, and the permit’s date of issuance and date of expiration.
(D) A record of all permits issued shall be maintained by the Clerk for a period of two years, or such longer period as may be required by law.
(E) The Clerk shall act upon each application received, by approval or denial of the same, within five business days of receipt, unless the applicant in writing requests an extension or waives such time limitation. Unless approved within such five-day period, with extensions (if any) an application shall be deemed denied, and the applicant may pursue the appeal procedures provided in § 113.16.
(Ord. 06-66)
113.08 DENIAL OF PERMIT.
(A) Following the Clerk’s and Director’s review of the application, the Clerk may refuse to issue a permit to the applicant under this chapter for any of the following reasons:
(1) The location and time of solicitation or peddling would, in the reasonable discretion of the Director, endanger the safety and welfare of the solicitors, peddlers or their customers, or would present an unreasonable intrusion into customers’ privacy;
(2) An investigation reveals that the applicant falsified information on the application;
(3) The applicant has, within seven years of the date of his/her application, been convicted of a crime or ordinance violation involving:
(a) Moral turpitude;
(b) Sexual assault or molestation;
(c) Violence against persons or property;
(d) Theft, fraud, deceit or misrepresentation; or
(e) Acts committed while acting as a peddler, solicitor, or canvasser;
(4) There has been, within five years of the date of his/her application, a civil judgment against the applicant based upon the applicant’s fraud, deceit or misrepresentation;
(5) There is no proof as to the authority of the applicant to serve as an agent to the principal or sponsor; or
(6) The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Clerk that the reasons for such earlier denial no longer exist.
(B) The Clerk’s disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his/her application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
(Ord. 06-66)
113.09 PERMIT EXPIRATION.
All permits issued under the provisions of this chapter shall expire at the end of the term requested by the permittee, in no event more than one year from the date of issuance.
(Ord. 06-66)
113.10 IDENTIFICATION BADGES.
(A) At the same time the permit is issued, the Clerk shall issue to each permittee a badge, which shall be worn by the permittee in such a way as to be conspicuous at all times while the permittee is soliciting or peddling in the city.
(B) A canvasser, otherwise exempt from the provisions of this chapter, may request the issuance of an identification badge from the city for the purpose of assuring city residents of the canvasser’s good faith. Issuance of such identification badge to a canvasser shall be subject to submission of the application and supporting documentation required under § 113.05, and payment of the applicable fee.
(Ord. 06-66)
113.11 PERMIT EXHIBITION.
Every person required to obtain a permit under the provisions of this chapter shall exhibit the permit when requested to do so by any person solicited and/or prospective customer, or department officer.
(Ord. 06-66, passed 10-11-06) Penalty, see § 113.99
113.12 TRANSFER PROHIBITED.
It shall be unlawful for any person other than the permittee to use or wear any permit or badge issued under the provisions of this chapter.
(Ord. 06-66) Penalty, see 113.99
113.13 ENTRY UPON PREMISES UNLAWFUL.
It shall be unlawful for any person, while acting as a canvasser, peddler, or solicitor, to enter upon any residential premises or place of business in the city where the owner, occupant or person legally in charge of the premises has posted, at or before the entry to the premises or the entry to the principal building on the premises, a sign bearing the words “No Peddlers,” “No Solicitors,” or words of similar import.
(Ord. 06-66) Penalty, see § 113.99
113.14 HOURS OF SOLICITATION.
(A) No person, while acting as a canvasser, peddler or solicitor, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 8:00 p.m. and 9:00 a.m.
(B) No person, while acting as a canvasser, peddler or solicitor, shall enter upon any place of business, knock on doors or otherwise disturb persons at their places of business between the hours of 9:00 p.m. and 9:00 a.m.
(Ord. 06-66) Penalty, see § 113.99
113.15 PERMIT REVOCATION.
(A) Any permit issued under this chapter may be revoked or suspended by the Clerk, upon notice mailed to the permittee at the address shown on the permit application or at the permittee’s last known address, setting forth specifically the grounds for the proposed revocation or suspension, for any of the following reasons:
(1) Fraud, misrepresentation or false statement contained in the application for a permit;
(2) Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities;
(3) Conducting peddling or solicitation activities contrary to the provisions set forth in the permit or this chapter;
(4) Conviction for any crime or ordinance violation of the kind specified in § 113.08(A)(3), or entry of a judgment against the permittee of the kind specified in § 113.09(A)(4); or
(5) Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace, or endanger the health, safety or general welfare of the public.
(B) A permittee may appeal any suspension or revocation of his/her permit by the procedures set forth in § 113.16.
(Ord. 06-66)
113.16 APPEALS.
(A) Any applicant or permittee aggrieved by the action or decision of the Clerk to deny, suspend or revoke a permit under the provisions of this chapter may appeal such action or decision to the City Manager within 15 days after the notice of the action or decision has been mailed to the applicant or permittee, by filing with the Clerk a written statement setting forth the grounds for the appeal.
(B) The Clerk shall transmit the written statement to the City Manager within five business days of its receipt, and the City Manager shall set a time and place for a hearing on the appeal, which hearing shall be no later than 20 days from the date of receipt of the appellant’s written statement.
(C) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
(D) The decision of the City Manager on the appeal shall be final and binding on all parties concerned.
(Ord. 06-66)
113.17 NO ENDORSEMENT BY CITY.
Nothing in this chapter, nor any issuance of any permit hereunder, shall be deemed an endorsement by the city of the repute or integrity of any canvasser, solicitor or peddler, or of the quality or value of any goods or services offered; and no canvasser, solicitor or peddler shall claim any such endorsement or guarantee by the city, by virtue of the Clerk’s issuance of a permit under the provisions of this chapter.
(Ord. 06-66)
113.18 CLAIMS OF EXEMPTION.
Any person claiming to be exempt from the provisions of this chapter, or from the payment of a permit fee, shall cite to the Clerk the statute or other legal authority under which exemption is claimed and shall present to the Clerk proof of qualification for such exemption.
(Ord. 06-66)
113.99 PENALTY.
(A) Violation of any of the provisions of this chapter shall, upon conviction, be punishable as set forth in § 10.99.
(B) Nothing in this chapter shall limit or supplant any civil remedy otherwise available to the city or any other person for violation of the provisions hereof.
(Ord. 06-66)