CHAPTER 114
Solicitors And Transient Merchants
Section
114.06 License on person at all times
114.01 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SOLICITOR. Any person who goes from house to house, or place to place, in the city, selling or taking orders for goods, wares, or merchandise, for present or future delivery, or for the making, manufacturing, or repairing of any article or thing whatsoever, for present or future delivery, except those selling to the merchants for resale.
(Ord. 299, passed 1-20-54)
114.02 LICENSE REQUIRED.
It shall be unlawful for any person to act as solicitor within the meaning and application of this chapter, unless he or his employer shall have first secured a license therefor in the manner provided by this chapter.
(Ord. 299, passed 1-20-54) Penalty, see § 114.99
114.03 FEES.
The license fees for solicitors hereunder shall be as established by resolution of the City Council. Fees are to be charged on a calendar year basis, payable in advance. Fees as stated above apply to one solicitor from each firm making application with the fee for each additional solicitor in excess of one employed by any firm to be set at an amount as established by resolution of the City Council, payable in advance. The Finance Director/Recorder may waive the payment of the license fee for any applicant who is an honorably discharged disabled veteran and a resident of this state, upon presentation of the applicant’s certificate of honorable discharge from the service.
(Ord. 299, passed 1-20-54; Am. Ord. 1777, passed 11-9-92)
114.04 APPLICATION PROCEDURE.
(A) Any person or firm desiring to secure a solicitor’s license shall apply therefor in writing over his signature to the Finance Director/Recorder on forms provided by the city, and the application shall state as to each solicitor:
(1) The name and address of each solicitor;
(2) The name and address of the person, firm or corporation by whom employed;
(3) The length of service of each solicitor with the employer;
(4) The place of residence and nature of the employment of each solicitor during the last preceding year;
(5) The nature or character of the goods, wares, merchandise or services to be offered by each solicitor;
(6) The personal description of each solicitor.
(B) The application shall be accompanied by credentials and other evidence of the good moral character and identity of each solicitor as may be reasonably required by the Finance Director/Recorder.
(Ord. 299, passed 1-20-54)
114.05 ISSUANCE OF LICENSE.
If the Chief of Police shall determine after 30 days investigation that the facts set forth in the application are true, the solicitor is of good moral character, and that he proposes to engage in a lawful and legitimate commercial or professional enterprise, he shall then approve the application, and the City Council may issue the license applied for. The license shall expire on December 31 of the year in which the license shall have been issued. Except as hereinafter provided no license shall be issued until the conclusion of 30 days investigation.
(Ord. 299, passed 1-20-54)
114.06 LICENSE ON PERSON AT ALL TIMES.
The license shall be carried at all times by each solicitor for whom issued, when soliciting or canvassing in the city, and shall be exhibited by any solicitor wherever he shall be requested to do so by any police officer or any person solicited.
(Ord. 299, passed 1-20-54) Penalty, see § 114.99
114.07 REVOCATION.
Any license may be revoked by the City Council for the violation or any violation by the employer or solicitor of any of the ordinances of the city or of any state or federal law, or whenever the solicitor shall in the judgment of the City Council cease to possess the character and qualifications required by this chapter for the issuance of a permit.
(Ord. 299, passed 1-20-54)
114.08 BOND REQUIRED.
If any applicant for a license, including solicitor or his employer, shall be unwilling to receive a license only upon the conclusion of a 30-day period of investigation as provided in § 114.05 hereof, and if he desires the issuance of a license by the City Council immediately upon application, he may deposit with the Finance Director/Recorder of the city, a cash or surety bond in the sum of $10,000, conditioned upon the making of final delivery of the goods ordered or services to be performed, in accordance with the terms of the order, or, failing therein, that the advanced payment on the order be refunded, and thereupon the license or licenses may be immediately issued. Any person aggrieved by the action of any the solicitor shall have a right of action on the bond for the recovery of money or damages or both. The bond shall be payable to the city and remain on deposit for a period of 90 days after the expiration of the license unless sooner released by the City Council of the city.
(Ord. 299, passed 1-20-54; Am. Ord. 1777, passed 11-9-92)
114.09 DUPLICATE ORDERS.
All orders taken by licensed solicitors shall be in writing in duplicate, stating the names as it appears on the license and address of both the solicitor and his employer, the terms thereof, and amount paid in advance, and one copy shall be given the purchaser.
(Ord. 299, passed 1-20-54) Penalty, see § 114.99
114.10 PUBLIC AUCTIONS.
Any persons or firm engaging in a public auction for the disposal of merchandise from a temporary location shall be bound in the same manner as those defined as solicitors under this chapter.
(Ord. 299, passed 1-20-54)
114.11 EXCEPTIONS.
The terms of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers and articles, nor to newsboys, nor shall the terms of this chapter be held to include or to apply to any producer or his employee selling agricultural or farm products produced from the soil of the state of Oregon by the producer or his employee, nor shall the same apply to the selling of nursery products by the producer thereof from the soil of the state of Oregon, nor to any church, school, charitable or youth organization.
(Ord. 299, passed 1-20-54)
114.99 PENALTY.
Any person, firm or corporation violating the terms of this chapter commits a Class A offense. Every day upon which a violation shall occur or upon which a violation shall continue shall constitute a separate offense.
(Ord. 299, passed 1-20-54; Am. Ord. 1632, passed 6-22-87)