Chapter 5.56
SOLICITORS*
Sections:
5.56.030 Certificate of registration.
5.56.050 Investigation—Issuance.
5.56.060 Possession by solicitor.
5.56.070 Revocation and appeal.
*Prior history: Prior code §§ 5.76.010—5.76.110.
5.56.010 Solicitor defined.
A “solicitor” is any person who goes from house to house or place to place, selling or taking orders for or offering to sell or take orders for, goods, wares, merchandise or services of any description, for present or future delivery or performance, or for the making, manufacturing or repairing of any article or thing whatsoever, for present or future delivery. The term also includes such activity in areas where the public is invited to park, drive or walk. The term does not include those selling to merchants for resale. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 1, 1995)
5.56.020 License required.
It is unlawful for any person to act as solicitor within the meaning and application of this chapter unless he/she or an employer, if any, shall have first secured a license therefor in the manner provided herein. This license is in addition to any city business registration or license that may be required under Chapter 5.02. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 2, 1995)
5.56.030 Certificate of registration.
As a prerequisite to the privilege to solicit, each self-employed applicant shall display a registration certificate for carrying on business as provided by Chapter 5.02. Employed applicants need only show evidence that their employer has such a certificate. Complete compliance with said chapter is a condition to the continued validity of a solicitor’s license issued hereunder. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 3, 1995)
5.56.040 Application.
Any person or firm desiring to secure a solicitor’s license shall apply therefor to the finance director or designee on forms provided by the city, and such application shall state as to each solicitor: (A) name and address; (B) name and address of any employer; (C) the length of service with such employer; (D) the place of residence and nature of the employment during the last preceding year; (E) the nature and character of the goods, wares, merchandise or services to be offered; and (F) the personal description of each solicitor. The application shall be accompanied by such credentials and other evidence of good moral character and identity of each solicitor as may be reasonably required by the city. The application shall also be accompanied by a nonrefundable fee in an amount set by resolution of the city council for the purpose of defraying part of the cost of the investigation and other processing of the application. Nonprofit organizations showing proof of status shall be exempt from paying the fee and from the investigation provided for below. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3820 § 11, 2014; Ord. 3269 § 4, 1995)
5.56.050 Investigation—Issuance.
The finance director or designee shall refer the application to the police department for investigation to determine that the facts set forth in the application are true and that the applicant proposes to engage in a lawful and legitimate commercial or professional enterprise. The police department shall conduct a background investigation and may require such additional information deemed necessary. If the application is approved, the finance director or designee shall issue the license. Such license shall expire on the thirty-first day of December of the year issued. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 5, 1995)
5.56.060 Possession by solicitor.
The license shall be carried on the person of each solicitor when soliciting and shall be exhibited upon request to any police officer or any person solicited. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 6, 1995)
5.56.070 Revocation and appeal.
Any such license may be revoked by the city for the violation of any of the ordinances of the city or of any state or federal law.
Any person that is aggrieved by the denial of a license or renewal thereof under this chapter, or by the revocation of license under this chapter, shall have the right to appeal such denial or revocation to the city’s hearing examiner. Such appeal shall be in writing filed with the finance director or designee within twenty days of the decision. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 7, 1995)
5.56.080 Processing orders.
All orders for future delivery taken by licensed solicitors shall be in writing in duplicate identifying both the solicitor and his employer, stating the terms of the transaction, the amount paid in advance, and the date. One copy shall be given to the purchaser. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 8, 1995)
5.56.090 Violation—Penalty.
Any person, firm or corporation violating the terms of this chapter shall, upon conviction, be fined as provided in Chapter 1.40 for each offense. Every day upon which such violation shall occur or upon which such violation shall continue shall constitute a separate offense. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 9, 1995)
5.56.100 Exception.
This chapter shall not apply to nonprofit corporations or associations showing status engaged in fund-raising activities. Such corporations or associations may register with the finance director or designee should they desire credentials for no fee. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3269 § 10, 1995)