Chapter 5.45
PEDDLER, SOLICITOR AND CANVASSER PERMITS
Sections:
5.45.030 Permit required – Exceptions.
5.45.040 Application – Contents.
5.45.050 Investigation and fees.
5.45.060 Issuance or denial of permit.
5.45.080 Restrictions on place and time of peddling, soliciting or canvassing.
5.45.010 Purpose.
The city council finds that public health, safety and welfare requires that the citizens of the city be provided with information relating to persons and organizations who peddle, solicit and canvass within the city, that such activities be regulated and that the citizens of the city be protected from deceptive and dishonest practices. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.020 Definitions.
(1) “City” means the city of Oak Harbor.
(2) “Director” means the city of Oak Harbor finance director or designee.
(3) A “peddler,” “solicitor,” or “canvasser” is defined as any person, either a principal or agent, who goes from place to place within the city, and who:
(a) Sells, takes orders for, or offers to sell any goods, wares or merchandise whether or not collecting in advance for such goods, wares or merchandise; and/or
(b) Sells, takes orders for, or offers to sell services, whether or not collecting in advance for such services; and/or
(c) Seeks contributions or donations to private causes, as opposed to tax-exempt charities; and/or
(d) Seeks opinions, preferences or other information for commercial purposes.
(4) “Peddling” means and includes all activities ordinarily performed by a peddler as indicated under subsection (3) of this section.
(5) “Person” means a natural person or any firm, corporation, association, club, society or other organization.
(6) “Solicitation” means and includes all activities ordinarily performed by a solicitor as indicated under subsection (3) of this section. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.030 Permit required – Exceptions.
(1) Permit Required. Any person seeking to engage in business as a peddler, solicitor or canvasser must apply for and obtain a peddler, solicitor or canvasser permit as provided for in this chapter.
(2) No Business License Required. Applicants only operating business activities under permits issued pursuant to this chapter shall not be required to obtain a business license.
(3) Exceptions. No person shall be required to obtain a permit 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 in any place in this state;
(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, literature or giving information about any article, thing, product or service;
(d) When that person is acting in his or her capacity as a member of a charitable, religious or nonprofit organization or corporation which has received tax exempt status under 26 U.S.C. 501(c)(3) or other similar civic, charitable or nonprofit organizations;
(e) When a person is engaged in political or other First Amendment speech or solicitation; or
(f) When that person’s peddling or solicitation consists exclusively of the solicitation of order(s) to be filled solely by interstate shipment on behalf of businesses that do not maintain a place of intrastate business in the state of Washington. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.040 Application – Contents.
Applicants for a peddlers, solicitors and canvassers permit must file a complete application with the finance department and shall include the following:
(1) Information as required to identify a business for issuance of a business license pursuant to Chapter 5.01 OHMC;
(2) A brief description of goods to be sold;
(3) Place of manufacture or production of goods to be offered for sale, the present location of such goods, and the proposed method of delivery;
(4) Length of time required to conduct business;
(5) Signature of the applicant authorizing the police department to take fingerprints and conduct an investigation of the applicant;
(6) Description and license plate number of the vehicle used by the applicant when peddling, soliciting or canvassing; and
(7) Any other information as requested by the finance director or his/her designee. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.050 Investigation and fees.
(1) Investigation.
(a) The director shall refer a copy of the application to the police chief or designee, who shall conduct an investigation of the applicant. The investigation shall include a local records and Washington Access to Criminal History (WATCH) background checks, and review of felony and misdemeanor convictions and traffic offenses which have occurred in the past 10 years.
(b) Upon completion of investigation of the applicant, the police chief or designee shall make a recommendation of approval or disapproval based on the findings of the investigation to the finance department. 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 permit; 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 peddling, soliciting or canvassing.
(2) Fees.
(a) Upon submission of the application, the applicant shall pay the nonrefundable investigation fee per the master fee schedule adopted by resolution of the city council to cover the costs of the investigation. Veterans who present a certificate of honorable discharge to the finance director or his/her designee shall be exempt from payment of the fee as provided in RCW 73.04.050 through 73.04.060.
(b) Upon approval of the investigation per subsection (1) of this section, the applicant shall pay the permit fee per the master fee schedule adopted by resolution of the city council. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.060 Issuance or denial of permit.
(1) The director shall review the recommendations of the police chief and approve or deny the permit application.
(2) The director shall deny the permit if the applicant is found to have:
(a) Committed any act consisting of fraud or misrepresentation;
(b) Committed any act which, if committed by a permit holder, would be grounds for suspension or revocation of a permit;
(c) Within the previous 10 years, been convicted of a felony directly relating to his or her fitness to engage in the occupation of peddler, and including, but not limited to, those felonies involving fraud or misrepresentation;
(d) Been charged with a felony of the type defined in subsection (2)(c) of this section, and disposition of that charge is still pending;
(e) Been refused a permit under the provisions of this chapter; provided, however, that any applicant denied a permit under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or
(f) Made any false or misleading statements in the application.
(3) The director must inform the applicant of a denial, including information regarding the right to appeal the decision pursuant to Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.070 Display.
Every peddler, solicitor or canvasser shall be required to carry the peddler’s, solicitor’s or canvasser’s permit and display it along with photo identification upon request by a prospective customer or law enforcement officer. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.080 Restrictions on place and time of peddling, soliciting or canvassing.
(1) No peddler, solicitor or canvasser shall engage or attempt to engage in the business of peddling, soliciting or canvassing at any home, residence, apartment complex or business that prominently displays a “No Peddlers” or “No solicitors” sign or any other similar sign that communicates the occupants’ desire to not be contacted by peddlers, solicitors or canvassers.
(2) No peddler, solicitor or canvasser shall engage in the business of peddling, soliciting or canvassing between the hours of 9:00 p.m. and 9:00 a.m. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.090 Revocation.
Permits issued under this chapter may be denied or revoked by the finance department subject to appeal pursuant to Chapter 1.24 OHMC. Permits may only be revoked for good cause including, but not limited to:
(1) Fraud, misrepresentation or false statement contained in the application for permit;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the business of peddling, soliciting or canvassing;
(3) Any violation of this chapter;
(4) Any felony or misdemeanor conviction directly related to the fitness of permittee to carry on the activities of peddling, soliciting or canvassing; or
(5) Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.100 Enforcement.
(1) Any person seen peddling, soliciting or canvassing shall be required to produce his/her peddler’s, solicitor’s or canvasser’s permit if requested to do so by any law enforcement officer as required in OHMC 5.45.070. In the absence of a permit, the person shall be required to provide information reasonably necessary to verify a claim of exemption from this chapter.
(2) Any law enforcement officer shall enforce the provisions of this chapter against any person found to be violating the same, and failure to produce a permit or information necessary to verify a claimed exemption shall constitute probable cause for enforcement action. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.110 Appeals.
Any person aggrieved by denial or revocation of a permit may file an appeal with the city administrator. The appeal under this section shall be governed by Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).
5.45.120 Violations.
Violations of this chapter shall constitute a Class 1 civil infraction and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1853 § 2, 2018).