Chapter 5.08
PEDDLERS AND SOLICITORS
Sections:
5.08.020 Application and exemptions.
5.08.040 Application requirements.
5.08.050 Special standards for peddlers and solicitors.
5.08.060 Transfer of licenses.
5.08.070 Licensing approval and authority – Appeals.
5.08.010 Definitions.
“Peddler” means a person traveling from place to place in the city of Dundee selling and delivering goods or services at the same time.
“Solicitor” means a person traveling from place to place in the city of Dundee taking orders for future delivery of goods or services. [Ord. 517-2013 (Exh. A); Ord. 261 § 1, 1985].
5.08.020 Application and exemptions.
A. All peddlers and solicitors shall obtain a license from the city of Dundee prior to engaging in any activities defined in DMC 5.08.010. Application for licensing shall be filed with the city administrator together with the nonrefundable application and license fee. Said application shall be upon a form supplied by the city.
B. The fees provided for under DMC 5.08.030 shall not be charged to those persons whose entire profits from such activity are contributed to a charitable, religious or educational organization, association or institution.
C. No application or license fee hereunder shall be required of a person calling upon business firms, either in delivering of goods or soliciting orders for merchandise, goods or services which are regularly handled or used by said business firms in their regular course of business, nor to persons making deliveries of milk, groceries, newspapers or other merchandise or services ordered by a resident or sold by local merchants and delivered to the purchaser as a service, nor to persons selling products of a farm or orchard actually produced in Oregon by themselves or their immediate families, nor to a newspaper carrier soliciting subscriptions, nor to members of a nonprofit organization making solicitations on behalf of the organization. [Ord. 517-2013 (Exh. A); Ord. 261 § 2, 1985].
5.08.030 Fees.
Application and license fees required by this chapter shall be established by resolution of the council. [Ord. 517-2013 (Exh. A); Ord. 261 § 3, 1985].
5.08.040 Application requirements.
Applicants for a license under this chapter shall provide the following information to the city administrator on a form provided by the city:
A. Completion of a release for criminal history records check form pursuant to Chapter 2.28 DMC.
B. Copies of any state or county licenses which are also required to operate or conduct activities proposed by the applicant.
C. Name and contact information for a local agent to receive complaints against the business.
D. The period of time for which the solicitation or peddling is to be carried on.
E. Provide evidence of civil liability insurance and sign a disclaimer of city liability relating to any action caused or charged against the applicant.
F. Provide a description of the merchandise offered for sale and the proposed method of delivery. [Ord. 517-2013 (Exh. A); Ord. 261 § 4, 1985].
5.08.050 Special standards for peddlers and solicitors.
A. Any person licensed under the provisions of this chapter shall first contact the city administrator’s office prior to initiating any sales or soliciting activities within the city.
B. Peddlers and solicitors shall limit their hours of operation to only those hours between 10:00 a.m. and 7:00 p.m.
C. No person, while engaged in the business of peddler or solicitor, shall enter uninvited into a private building, structure or room.
D. A peddler or solicitor shall perform the following requirements when soliciting door to door:
1. Within 30 seconds after beginning the conversation, the peddler or solicitor shall:
a. Present the license issued under this chapter and provide identification of both the person and whom the person represents;
b. Explain the purpose of the person’s call;
c. Provide a description in commonly understood terms of the goods or services offered for sale; and
d. Inquire whether the person being solicited is interested in listening to a sales presentation and immediately discontinue the solicitation if the person being solicited gives a negative response.
2. During the course of the solicitation, state the total cost of the goods or services offered for sale and the number, timing and amount of installment payments, if payment on an installment basis is available to the person being solicited.
E. No peddler or solicitor may enter onto a residential property for the purpose of engaging in any activities defined in DMC 5.08.010 thereon when entrance to the property has been clearly posted by a readable sign or placard stating “no solicitors” or “no solicitation” that is readily visible to a person attempting to enter the property from the nearest street or public sidewalk. [Ord. 517-2013 (Exh. A); Ord. 261 § 6, 1985. Formerly 5.08.060].
5.08.060 Transfer of licenses.
No license shall be used at any time by any person other than the one to whom it is issued. [Ord. 517-2013 (Exh. A)].
5.08.070 Licensing approval and authority – Appeals.
The city administrator or police chief shall have the authority to approve or deny any application for a license to be issued under this chapter. Any application for a license which is denied or any previously approved license revoked by the city administrator or police chief may be appealed to the Dundee city council. The Dundee city council may accept or reject the decision of the city administrator or police chief. All appeals must be made by submitting a formal written request of an appeal to the city council.
A license shall not be issued to any applicant where any of the following has been determined during the initial investigation and review of the application:
A. If the applicant has a previous criminal history of warrants, convictions, incarcerations and/or disposition of charges that include but are not limited to theft, burglary, robbery, fraud, deceit, or any other crime of violence within the 10-year period prior to the date of application.
B. If the applicant is a registered sex offender.
C. Any previous history relating to the manner in which the applicant made door-to-door sales which resulted in a violation of this chapter within the two-year period prior to the date of application.
D. Providing false information on the application form. [Ord. 517-2013 (Exh. A); Ord. 261 § 7, 1985].
5.08.080 Violation – Penalty.
Any person identified within DMC 5.08.010 who engages in activities within the corporate city limits without having first applied for and obtaining the license herein provided for or who violates any other of the provisions of this chapter shall, upon conviction thereof, be punished by a payment of a fine not to exceed $250.00 for each and every offense. In addition, should any licensee violate any standard or requirement of this chapter, the city administrator or the police chief may revoke the license. Every day of a continuing violation shall be deemed a separate offense for the purposes of these penalties. [Ord. 517-2013 (Exh. A); Ord. 261 § 8, 1985].