Chapter 5.20
SOLICITORS, CANVASSERS AND PEDDLERS
Sections:
5.20.020 Permit and license--Required.
5.20.030 Permit and license--Application--Fee.
5.20.040 Permit and license--Applicant investigation--Issuance.
5.20.070 Enforcement--Police duty.
5.20.090 Permit and license--Revocation.
5.20.010 Definitions.
A. A “canvasser” or “solicitor” is defined as any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether such individual is collecting advance payments on such sale or not; provided that such definition includes any person who, for himself or for another person, firm or corporation, leases or occupies any building, structure, hotel room or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
B. The word “peddler” as used herein includes any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and 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 a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter is subject to the provisions of this chapter. The word “peddler” includes the words “hawker” and “huckster.” (Ord. 1822 §1(part), 2001; Ord. 322 §2, 1953).
5.20.020 Permit and license--Required.
A. It is unlawful for any solicitor, canvasser or peddler as defined in Section 5.20.010 to engage in such business within the corporate limits of the city without first obtaining a permit and license therefor in compliance with the provisions of this chapter.
B. Upon recommendation by the police chief, the city manager may waive the requirements of this chapter for nonprofit and charitable organizations. (Ord. 1969 §1(part), 2013; Ord. 1822 §1(part), 2001; Ord. 1443 §4, 1981; Ord. 322 §1, 1953).
5.20.030 Permit and license--Application--Fee.
A. Applicants for permit and license under this chapter must file with the city designee a sworn application in writing (in duplicate) on a form to be furnished by the city designee, which shall give the following information:
1. Personal identification of the applicant including date of birth, driver’s license number or other appropriate identification;
2. Permanent home address and full local address of the applicant;
3. A brief description of the nature of the business and the goods to be sold;
4. Copies of any state or county licenses which are required to operate or conduct activities proposed by the applicant;
5. If employed, the name and address of the employer, together with credentials establishing the exact relationship;
6. The length of time for which the right to do business is desired;
7. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery;
8. A photograph of the applicant, taken within one year immediately prior to the date of the filing of the application, which picture shall show the head and shoulders of the applicant in a clear and distinguishing manner;
9. At the option of the police chief, the fingerprints of the applicant;
10. A statement which confirms whether the applicant has previous criminal convictions for a felony theft or other felony or misdemeanor involving the following: fraud, moral turpitude, force or violence, including but not limited to burglary, robbery, deceit, or any crime of violence or assault on a person such as murder, felonious or aggravated assault, aggravated menacing, illegal manufacture of drugs, patient abuse or neglect, domestic violence, rape, sexual battery, public indecency, sex trafficking, and drug trafficking (collectively referred to as disqualifying felonies and/or misdemeanors) within a ten-year period prior to the date of application;
11. The applicant must sign a form provided by the city authorizing the city to conduct a criminal history background check for arrests, warrants, convictions, incarcerations and/or dispositions of charges that include disqualifying felonies and/or misdemeanors within a ten-year period prior to the date of application.
B. At the time of filing the application, a fee as set forth in the city of Central Point business license fee schedule shall be paid to the city designee to cover the cost of obtaining a criminal history conviction record and investigation of the facts stated therein. (Ord. 2109 §1, 2024; Ord. 1822 §1(part), 2001; Ord. 1443 §5, 1981; Ord. 983(part), 1970; Ord. 322 §3, 1953).
5.20.040 Permit and license--Applicant investigation--Issuance.
A. Upon receipt of such application, the original shall be referred to the chief of police, who shall cause investigation of the applicant’s criminal record to be made.
B. If the applicant is found to have been convicted of one or more disqualifying felonies and/or misdemeanors within ten years prior to the date of application, the chief of police shall endorse on such application a disapproval and the reasons for the same, and return the said application to the city designee, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
C. If the applicant is found to have been convicted of no disqualifying felonies and/or misdemeanors within the previous ten years, the chief of police shall endorse on the application an approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit along with the application to the city designee who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of the 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 soliciting or canvassing. The designee shall keep a permanent record of all licenses issued. (Ord. 2109 §2, 2024; Ord. 1822 §1(part), 2001; Ord. 983(part), 1970; Ord. 322 §4, 1953).
5.20.045 Special events.
Solicitors, canvassers and peddlers for such special events as trade shows, sidewalk sales, fairs, parades, art shows, hobby shows and educational or cultural events shall receive approval to engage in such business through an authorized and licensed and sponsoring organization or committee under Chapter 5.04 of the Municipal Code. (Ord. 1822 §1(part), 2001; Ord. 1443 §6, 1981).
5.20.050 License--Fees.
A. The license fee which shall be charged by the city designee for such license shall be as set forth in the City of Central Point Business License Fee Schedule.
B. The annual fees herein provided shall be assessed on a July 1st to June 30th fiscal year basis and on and after January 1st, the amount of such fee for annual license shall be one-half the amount stipulated above for the remainder of the year. (Ord. 1822 §1(part), 2001; Ord. 1159 §1, 1974; Ord. 322 §5, 1953).
5.20.060 License--Exhibition.
Solicitors, canvassers and peddlers while engaged in any activity requiring a license under this chapter are required to exhibit their licenses at the request of any citizen. (Ord. 983(part), 1970; Ord. 322 §6, 1970).
5.20.070 Enforcement--Police duty.
It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing, and who is now known by such officer to be duly licensed, to produce his solicitor’s, cavasser’s, or peddler’s license and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 322 §7, 1970).
5.20.080 Record of violation.
The chief of police shall report to the city designee all convictions for violations of this chapter and the city designee shall maintain a record for each license and record the reports of violation therein. (Ord. 1822 §1(part), 2001; Ord. 322 §8, 1970).
5.20.090 Permit and license--Revocation.
A. Permits and licenses issued under the provisions of this chapter may be revoked by the city council after notice and hearing, for any of the following causes:
1. Fraud, misrepresentation or false statement contained in the application for license;
2. Fraud, misrepresentation or false statement made in the course of carrying on the business as solicitor, canvasser or peddler;
3. Any violation of this chapter;
4. Conviction of any disqualifying felony and/or misdemeanor; or
5. Conducting the business of soliciting, canvassing or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace.
B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed postage prepaid to the licensee’s last known address at least five days prior to the date set for hearing. (Ord. 2109 §3, 2024; Ord. 1822 §1(part), 2001; Ord. 983(part), 1970; Ord. 322 §9, 1970).
5.20.100 License--Expiration.
All annual licenses issued under the provisions of this chapter shall expire on the thirtieth day of June following the date of issue. Other licenses shall expire on the date specified in the license. (Ord. 322 §10, 1970).
5.20.110 Penalty.
Any person violating any of the provisions of this chapter shall upon conviction thereof be punished by the general penalty. (Ord. 1716 §7, 1995; Ord. 322 §11, 1970).