Chapter 4.04
PEDDLERS, SOLICITORS, AND CANVASSERS
Sections:
4.04.060 Application – Fee – Investigation.
4.04.070 Issuance or denial of license.
4.04.080 Procedure for denial or revocation of license – Appeal.
4.04.100 Exhibit of license required.
4.04.110 Restrictions on place and time of peddling.
4.04.010 Purpose.
(1) The purpose of this chapter is to regulate the activities of peddlers and to promote the dependability and accountability of peddlers. The licensing fees provided herein are levied to defray the costs of regulation and not to place an undue burden on interstate commerce.
(2) It is expressly the purpose of this chapter to provide for and promote the safety and welfare of the general public and not to create or designate any particular class of persons who will or should be specially protected by its terms. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.020 Immunity.
(1) It is the specific intent of this chapter to place the obligation of complying with its terms on the licensee, and no provision of this chapter is intended to impose any duty upon the city or its employees.
(2) Nothing contained in this chapter is intended to be nor shall be construed to create any liability on the part of the city or its employees for any injury or damage resulting from the failure of the licensee to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city or its employees. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.030 Definitions.
“City” means the city of Normandy Park.
“City clerk” means the Normandy Park city clerk or designee.
“Peddle” means to engage in such actions. Peddling/soliciting does not include place-to-place religious or political activity, advocacy, promotion, or distribution of such materials.
“Peddler,” “solicitor,” or “canvasser” means any of the following:
(1) All persons who, without prior invitation from the occupant, go from place to place, or house to house, carrying for sale, exposing for sale, or offering for sale goods, wares, merchandise, or services of any type, for present or future delivery.
(2) All persons seeking to obtain gifts, donations or contributions of money, clothing, or other valuable thing.
(3) All persons engaging in activity for which registration is required under Chapter 19.09 RCW, Charitable Solicitations (whether registered with the Secretary of State or not).
“Person” means any individual, association, partnership, corporation or legal entity, public or private, and includes the agents, contractors, and assigns of such person, including registered agents thereof.
“Police department” means the Normandy Park police department. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.040 Exceptions.
(1) No person shall be required to take out a license or pay a fee:
(a) For the peddling of local newspapers.
(b) For the peddling of fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles raised, caught, produced or manufactured by such person.
(c) When that person, after having been specifically requested by another to do so, calls upon that other person for the purpose of displaying goods or literature about any article, thing, or product.
(d) When that person is acting in his or her capacity as a member of a charitable organization under Chapter 19.09 RCW (whether registered with the Secretary of State or not), political organization, religious organization or federal, state or local governmental agency or entity.
(e) When a person is engaged in political or other First Amendment speech or solicitation.
(f) Person under the age of 18, unless employed by another person. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.050 License required.
It is unlawful for any person to engage in business as a peddler in the city without first obtaining a city of Normandy Park peddler license for each person as provided for in this chapter. Such license is in addition to the general business license requirements under Chapter 4.02 NPMC. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.060 Application – Fee – Investigation.
(1) Application. Every peddler, other than those exempt under this chapter, shall before commencing business in the city apply for a peddler license, in writing, on a form to be provided by the city clerk. The applicant shall complete an authorization form allowing release of all criminal history record information to the police department. The applicant shall provide a copy of a valid driver’s license or picture ID for identification purposes.
(2) Fee. At the time of filing the application, a nonrefundable fee in the amount of $35.00 shall be paid to the city to cover the costs of investigation and processing the application.
(3) Investigation. Upon receipt of an application, the city clerk shall refer the application to the police department, who shall make a criminal history background investigation of the applicant. The investigation shall include review of felony and misdemeanor convictions and traffic offenses which have occurred in the past 10 years.
(4) Recommendation. Upon completion of investigation of the applicant, the police department shall make a recommendation of approval or disapproval based on the findings of the investigation to the city clerk. Any recommendation of disapproval must be for good cause including, but not limited to, unsatisfactory criminal history of convictions for offenses, criminal and/or traffic, directly related to fitness for a license; discovery of facts supporting lack of business responsibility; or any legitimate reason that the applicant presents a risk to the citizens if permitted to engage in canvassing or soliciting. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.070 Issuance or denial of license.
The city clerk shall issue a license upon the police department approval, and payment of the prescribed license fee. In the event of police department disapproval, the city clerk shall notify the applicant of the denial in writing. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.080 Procedure for denial or revocation of license – Appeal.
(1) Denial or Revocation. Licenses issued under this chapter may be denied or revoked in writing by the city clerk, under the provisions of this chapter by utilizing the procedures set forth in NPMC 4.02.095 for any one or more of the following reasons:
(a) Committed any act consisting of fraud or misrepresentation.
(b) Committed any act which, if committed by a licensee, would be grounds for suspension or revocation of a license.
(c) Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to his or her fitness to engage in the occupation of peddler/solicitor, and including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation.
(d) Been charged with a misdemeanor or felony of the type defined in subsection (1)(c) of this section, and disposition of that charge is still pending.
(e) Been refused a license under the provisions of this chapter; provided, however, that any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist.
(f) Made any false or misleading statements in the application.
(2) Appeal. Any person aggrieved by denial or revocation of a license issued under this chapter may file an appeal pursuant to NPMC 4.02.095. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.090 Duration of license.
All licenses issued pursuant to this chapter shall expire one year from the date of issuance. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.100 Exhibit of license required.
All peddlers shall conspicuously display on their outer clothing their peddler’s license when engaged in peddling activities. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.110 Restrictions on place and time of peddling.
(1) No peddler shall engage or attempt to engage in the business of peddling at any home, residence, apartment complex or business that prominently displays a “No Peddlers” or “No Solicitors” sign or “No Trespassing” sign or any other similar sign that communicates the occupants’ desire to not be contacted by peddlers.
(2) No peddler shall engage in the business of peddling except between the hours of 9:00 a.m. and 8:00 p.m. (Ord. 1022 § 3 (Exh. A), 2021).
4.04.120 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be guilty of an infraction and subject to a civil penalty not to exceed $250.00. (Ord. 1022 § 3 (Exh. A), 2021).