Chapter 5.04
SOLICITORS
Sections:
5.04.030 Solicitor’s license – Application – Contents.
5.04.040 Licenses – Application – Fee.
5.04.050 License – Fees – Nontransferability.
5.04.060 Licenses – Applicant investigation – Generally.
5.04.070 Licenses – Issuance – Term.
5.04.080 Solicitor’s license – Carrying and exhibition.
5.04.090 License – Revocation.
5.04.010 Definitions.
Within this chapter “solicitor” means:
(1) Any person who sells, offers for sale or exposes for sale, or who trades, deals or traffics in any services, magazines, periodicals, or any other personal property at retail in the city, by going from house to house or from place to place or by indiscriminately approaching individuals, including street vendors. Sales by sample or for future delivery and executory contracts of sale are embraced within this subsection; provided, however, that this subsection is not applicable to any salesman or canvasser who solicits trade from wholesale or retail dealers in the city;
(2) Any person who, while selling or offering for sale any goods, wares, merchandise or anything of value, stands or is otherwise present in a doorway, any enclosed vacant lot, parcel of land, any street or public way, or in any other place not used by such person as a permanent place of business. A solicitor may not solicit sales from the public from city owned property to include but not be limited to city parks, City Hall, sports fields, etc. without written permission by the city to do so. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).
5.04.020 Licenses – Required.
It is unlawful for any person to act as a solicitor within the meaning of this chapter unless he or she or his or her employer has first secured a license therefor in the manner provided by this chapter. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).
5.04.030 Solicitor’s license – Application – Contents.
Any person desiring to secure a solicitor’s license shall apply therefor in writing over his or her signature to the city clerk-treasurer, and thereafter, once the city approves the application, the city clerk-treasurer will issue the license. Such application shall include or state as to each applicant:
(1) Name and address of the applicant;
(2) The length of service of such applicant with such employer;
(3) Place of residence and nature of the employment of the applicant during the preceding year;
(4) The nature or character of the goods, wares, merchandise or services to be offered by the applicant;
(5) Personal description of the applicant;
(6) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(7) If a vehicle is to be used, a description of the same, together with license number or other means of identification;
(8) State Tax Commission registration number;
(9) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
(10) Such credentials and other evidence of good moral character and identity of the applicant as may be reasonably required by the city. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).
5.04.040 Licenses – Application – Fee.
All applications shall be accompanied by the requisite license fee in cash, money order, bank draft or certified check. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).
5.04.050 License – Fees – Nontransferability.
The license fees for solicitors under this chapter shall be for one to five concurrent days or for each calendar year or fraction thereof, ending December 31st, payable in advance. Licenses issued under this chapter shall not be transferred. All fees are set by city council by resolution and may change without notice. (Ord. 1059 § 1, 2012; Ord. 711 § 1, 1992; Ord. 653 § 1, 1989; Ord. 562 § 2, 1981; Ord. 486 § 2, 1977).
5.04.060 Licenses – Applicant investigation – Generally.
(a) It is the duty of the chief of police and/or the city staff to investigate each application filed under DMC 5.04.030 to which investigation the city shall determine:
(1) The existence of the employer or firm of each individual applicant;
(2) The genuineness of all credentials presented by the applicant;
(3) Whether the applicant or any solicitor agent listed on the application has a criminal record;
(4) The truth of the facts set forth in the application;
(5) Whether the applicant proposes to engage in a lawful and legitimate commercial or professional enterprise.
(b) Such investigation must be completed within a reasonable time. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).
5.04.070 Licenses – Issuance – Term.
If the city determines within a reasonable time from their investigation that the facts set forth in the application are true, that the applicant is reliable and of good moral character, that his/her or its purpose is to engage in a lawful and legitimate commercial or professional enterprise, he/she shall then approve the application and forward it to the city clerk-treasurer thereafter for issuance of the license applied for. Such license shall expire on December 31st of the year in which such license has been issued. No license shall be issued until the conclusion of the aforesaid investigation. Should the city determine that a denial of a license is in order the applicant therefor shall have the right to appeal the decision to the city council. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).
5.04.080 Solicitor’s license – Carrying and exhibition.
The solicitor’s license shall be carried by the solicitor at all times when soliciting or canvassing in the city, and shall be exhibited by any solicitor whenever he or she is requested to do so by any city staff, police officer or any person being solicited. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).
5.04.090 License – Revocation.
Any such license may be revoked by the city for the violation of any city ordinances or any state or federal law, or whenever such solicitor, in the judgment of the council’s licensing committee, ceases to possess the character and qualifications required by this chapter for issuance of such permit. Revocation of the license shall entitle the holder thereof to appeal the revocation to the city council, in writing, within 10 days of such denial. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).
5.04.100 Exemptions.
(a) This chapter shall not apply to the selling of personal property at wholesale to dealers in such articles or commodities, to newsboys, and to any organization, association or corporation desiring to solicit, or have solicited in its name, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for a charitable, religious, patriotic or philanthropic purpose. Any person or organization claiming the exemption of this section shall file with the city an affidavit setting forth facts sufficient to show the application of this section and the right to such exemption. Any person granted such an exemption certificate by the city shall be issued a solicitor’s license indicating exemption from the terms of this chapter thereon. Any person denied exemption under this section shall have the right to appeal that denial to the licensing committee of the city council in writing within 10 days from the denial thereof. Solicitors required to be licensed by the state, wherein the state has preempted the field of endeavor of any such solicitor, shall not be required to obtain a license from the city under the provisions of this chapter; provided, however, any such solicitor doing business within the city limits shall carry the state license on his person at all times when soliciting or canvassing in the city and shall exhibit such state license whenever he or she is required to do so by any city staff, police officer or any person being solicited.
(b) This chapter shall not apply to casual or isolated sales of personal property by citizens of this city by way of what is commonly referred to as a garage sale or yard sale. Any person or organization claiming this exemption is not required to file with the city an affidavit setting forth facts sufficient to show the application of this section and the right to such exemption.
(c) This chapter shall not apply to those organizations operating under an agreement with the city to provide a service to the public. Organizations that meet this requirement may include but are not limited to a farmer’s market and/or activities associated with a community event such as Pioneer Days or the county fair. (Ord. 1059 § 1, 2012; Ord. 486 § 2, 1977).