Chapter 5.16
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS1
Sections:
5.16.030 Sworn statement required.
5.16.040 Investigation of applicant.
5.16.060 Identification badge.
5.16.100 Practices prohibited.
5.16.010 Definitions.
For the purpose of this chapter, the terms defined in this section have the meaning ascribed to them:
A. “Peddler” means any person with no fixed place of business who goes from house to house, from place to place or from state to state, carrying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and deliveries to purchasers;
B. “Solicitor” means any person who goes from house to house, from place to place, or from state to state, soliciting, taking or attempting to take orders for any goods, wares or merchandise, including books, periodicals, magazines or personal property of any nature whatsoever for future delivery;
C. “Transient merchant” means any person, firm or corporation who engages temporarily in the business of selling and delivering goods, wares or merchandise within the city, and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure or vacant lot, motor vehicle, trailer or railroad car. (Ord. 357 § 1, 1971).
5.16.020 License – Required.
No peddler, solicitor, or transient merchant shall sell or offer for sale any goods, wares, or merchandise within the city unless a license therefor shall be secured as provided in this chapter. Such license is in addition to the business license required under NBMC 5.04.015 if the peddler, solicitor, or transient merchant is required to comply with the requirements of Chapter 5.04 NBMC. (Ord. 1498 § 1 (Exh. A (part)), 2013: Ord. 357 § 2, 1971).
5.16.030 Sworn statement required.
Applicants for a license as required by this chapter shall file with the city clerk a sworn statement containing the following information:
A. Name and physical description of applicant;
B. Address of applicant, both legal and local;
C. A brief description of the nature of the business and the goods to be sold;
D. Name and address of employer together with length of time employed;
E. Length of time for which the right to do business is desired;
F. If a motor vehicle is to be used, the license number and a description of same;
G. A 2 x 2 inch photograph of the applicant or applicant’s employees taken within 60 days prior to the date of filing the application showing the head and shoulders of applicant and/or his employees clearly and distinctly;
H. A statement as to whether or not the applicant and/or any of his employees has been convicted of any crime and if so, the time and place of such conviction and the punishment or penalty assessed;
I. An investigation fee, as established by the taxes, rates and fees schedule adopted by ordinance, shall be paid by the applicant to cover the cost of investigation; in the event the license is denied, said fee will not be refunded to the applicant;
J. The city clerk may require such additional information, evidence or credentials as would reasonably indicate means of identifying the applicant. (Ord. 1237 § 3 (part), 2005; Ord. 357 § 3, 1971).
5.16.040 Investigation of applicant.
A. Upon receipt of the application, the city administrator shall cause such investigation of the applicant’s business responsibility to be made as he deems necessary to the protection of the public good. If, as a result of such investigation, the applicant’s business responsibility is found to be unfit, the application shall be denied. If, as a result of the investigation the business reputation appears to be satisfactory, the city administrator shall so certify in writing and a license shall be issued by the city administrator. The city administrator shall keep a full record of all licenses issued in his office. Such licenses shall contain the number of the license, the date same was issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of said license, and the name of the person or persons authorized to carry on the business. The city administrator shall complete his investigation within 30 days and either issue or deny the license within that time.
B. The city administrator, in his discretion, may waive the investigation requirement if the applicant is requesting a one-day peddler’s license. The investigation fee in that case shall be deemed the licensing fee for one day. (Ord. 681 § 1, 1986: Ord. 357 § 4, 1971).
5.16.050 License – Display.
The license shall be carried at all times by each licensee and/or the licensee’s employees, agents, or representatives for whom issued when soliciting or canvassing in the city and shall be exhibited by any such licensee whenever he or she shall be requested to do so by any police officer or any person solicited. (Ord. 357 § 5 (part), 1971).
5.16.060 Identification badge.
An identification badge shall be issued to and worn by each solicitor upon license fee payment as established by the taxes, rates and fees schedule adopted by ordinance to cover the costs of said issuance. Each badge shall bear the words “licensed solicitor” and provide the following information:
A. The name of the original licensee;
B. The name of the additional licensee, if any;
C. The number of the original license;
D. An expiration date which shall be the same as that on the original license. (Ord. 1532 § 1, 2014: Ord. 1237 § 3 (part), 2005: Ord. 357 § 5 (part), 1971).
5.16.070 Bond.
A. If any applicant for a license, including the licensee or his employees, agents, or representatives shall be unwilling to wait until such time as the clerk completes his investigation as provided in NBMC 5.16.040, and if he desires the issuance of license by the clerk immediately upon application, he may deposit with the city clerk a cash or surety bond as established by the taxes, rates and fees schedule adopted by ordinance, conditional upon the making of the final delivery of the goods ordered or the services to be performed in accordance with the terms of such orders, or failing such delivery or other performance, that the advanced payment on such order be refunded. Upon compliance with this bonding provision, the license may be immediately issued.
B. Any person aggrieved by the action of any such licensee shall have the right of action on the bond for recovery of money or damages or both. Such bond shall remain on deposit for a period of 90 days after the expiration of such license. (Ord. 1498 § 1 (Exh. A (part)), 2013: Ord. 1237 § 3 (part), 2005; Ord. 357 § 6, 1971).
5.16.080 Fees.
A. The quarterly license fee shall be charged for such license as established by the taxes, rates and fees schedule adopted by ordinance. The year shall be divided into four quarters and the first quarter will be January 1st to March 31st; the second quarter from April 1st to June 30th; the third quarter from July 1st to September 30th; and the fourth quarter from October 1st to December 31st. Each license shall expire at the end of the quarter in which it was issued.
B. At the city administrator’s discretion, a license that is only valid for one day may be issued. The fee for said license shall be as established by the taxes, rates and fees schedule adopted by ordinance. (Ord. 1237 § 3 (part), 2005: Ord. 681 § 2, 1986: Ord. 357 § 7 (part), 1971).
5.16.090 Annual license tax.
In the event that the applicant desires to be licensed under the business and occupation ordinance of the city, he shall make application and pay the minimum yearly tax in advance and file the return required under the business and occupation ordinance of the city. In addition, the applicant shall pay the applicant fees as required under this chapter. (Ord. 357 § 7 (part), 1971).
5.16.100 Practices prohibited.
No peddler, solicitor, or transient merchant shall call attention to his business or his merchandise by crying out, by blowing a horn, by ringing a bell, or by any other loud or unusual noise. (Ord. 357 § 8, 1971).
5.16.110 Orders.
All orders taken by licensees under this chapter shall be in writing and in duplicate stating the name as it appears upon the license, the address of both the licensee and his employer, the terms thereof, the amount paid in advance and one copy shall be given to the purchaser. (Ord. 357 § 9, 1971).
5.16.120 Exemptions.
This chapter does not apply to any sale under court order, to any bona fide auction sale, or to any sale at wholesale to a retail dealer, nor to peddlers of, or taking orders for the sale of any fruit, vegetables, berries, or butter, eggs, milk, poultry, or meats or farm produce raised or produced by such peddler, solicitor, or transient merchant and shall not apply to vendors of newspapers, nonprofit societies, associations, or organizations, or religious organizations. (Ord. 357 § 10, 1971).
5.16.130 Penalty.
Any person who violates any provision of this chapter, upon conviction, shall be punished by a fine not exceeding $300.00 or by imprisonment for a period not exceeding 90 days or both. (Ord. 357 § 11, 1971).
For statutory provision authorizing second class cities to license, tax and regulate peddlers, see RCW 35.23.440(4); for the provision granting code cities all the powers of cities of any class, see RCW 35A.21.160.