Chapter 5.64
SOLICITORS
Sections:
5.64.010 Defined.
5.64.020 License--Required.
5.64.030 License--Fees.
5.64.040 License--Application requirements.
5.64.050 Issuance of license.
5.64.060 License to be carried.
5.64.070 Bond posting.
5.64.080 Revocation of license.
5.64.090 Order taking.
5.64.100 Exceptions.
5.64.110 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
5.64.010 - Defined
A "solicitor," within the meaning of this chapter, is any person who goes from house to house, or place to place, in the city, selling or taking orders for or offering to sell or take orders for goods, wares or merchandise, for present or future delivery, or for the making, manufacturing, or repairing of any article or thing whatsoever, for present or future delivery except those selling to merchants for resale; providing, however, that this section and chapter shall not apply to persons soliciting goods to be shipped from one state to another in interstate commerce.
(Ord. 4224 §7, 1980; Ord. 2585 §1, 1948).
5.64.020 - License –Required
It is unlawful for any person to act as a solicitor, within the meaning and application of this chapter, unless he or his employer shall have first secured a license therefor in the manner provided by this chapter.
(Ord. 2585 §2, 1948).
5.64.030 - License –Fees
The license fees for solicitors under this chapter shall be as follows: thirty dollars per year for each calendar year or fraction thereof, payable in advance for each solicitor as defined in Section 5.64.010.
In addition to the above, an additional twenty-five dollars shall be assessed for any new license issued under this chapter for the initial first year thereof. This assessment is necessary to defray the initial administrative costs in reviewing an initial application and issuance of a license therefor.
(Ord. 4753 §8, 1987; Ord. 3099, 1959; Ord. 2585 §3, 1948).
5.64.040 - License –Application requirements
A. Any person or firm desiring to secure a solicitor’s license shall apply therefor in writing over his or her signature to the city clerk-treasurer on forms provided by the city, and such application shall state as to each solicitor:
1. The name and address of each solicitor;
2. The name and address of the person, firm or corporation by whom employed;
3. The length of service of each such solicitor with such employer;
4. The place of residence and nature of the employment of each solicitor during the last preceding year;
5. The nature or character of the goods, wares, merchandise or services to be offered by each solicitor;
6. The personal description of each solicitor.
B. Such 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 clerk-treasurer.
(Ord. 2585 §4, 1948).
5.64.050 - Issuance of license
If the chief of police determines after thirty days’ investigation that the facts set forth in the application are true, such solicitor is of good moral character, and that he proposes to engage in lawful and legitimate commercial or professional enterprise, he shall then approve the application, and the city commission may issue the license applied for. Such license shall expire on the thirty-first day of September of the year in which such license shall have been issued. Except as provided in this chapter, no license shall be issued until the conclusion of thirty days’ investigation.
(Ord. 2585 §5, 1948).
5.64.060 - License to be carried
Such license shall be carried at all times by each solicitor for whom issued, when soliciting or canvassing in the city, and shall be exhibited by any such solicitor wherever he or she shall be requested to do so by any police officer or any person solicited.
(Ord. 2585 §6, 1948).
5.64.070 - Bond posting
If any applicant for a license, including a solicitor or his employer, is unwilling to receive a license only upon the conclusion of a thirty-day period of investigation as provided in Section 5.64.050, and if he desires the issuance of a license by the city commission immediately upon application, he may deposit with the city clerk-treasurer a cash or surety bond in the sum of one thousand dollars conditioned upon the making of final delivery of the goods, order or services to be performed in accordance with the terms of such order, or failing therein, that the advance payment on such order be refunded and thereupon such license or licenses may immediately issue. Where an employer employs more than one solicitor, he may if he so desires in lieu of posting a separate bond for each such solicitor, post a blanket bond covering all such solicitors in the sum of two thousand dollars conditioned in the same manner as the individual bond. Any person aggrieved by the action of any such solicitor shall have a right of action on the bond for the recovery of money or damages or both. Such bond shall remain on deposit for a period of ninety days after the expiration of such license unless sooner released by the city commission.
(Ord. 3099, 1959; Ord. 2585 §8, 1948).
5.64.080 - Revocation of license
Any such license may be revoked by the city commission for the violation or any violation by the employer or solicitor of any of the ordinances of the city or of any state or federal law, or whenever such solicitor shall in the judgment of the city commission cease to possess the character and qualifications required by this chapter for the issuance of such permit.
(Ord. 2585 §7, 1948).
5.64.090 - Order taking
All orders taken by licensed solicitors shall be in writing in duplicate, stating the name as it appears on the license, and address, of both the solicitor and his employer, the terms thereof, and the amount paid in advance, and one copy shall be given the purchaser.
(Ord. 2585 §9, 1948).
5.64.100 - Exceptions
This chapter shall not apply to the peddlers of or taking orders for the sale of any fruits, vegetables, berries, butter, eggs, milk, poultry, meats or farm products raised or produced by such peddler or solicitor in Thurston County.
(Ord. 2585 §12, 1948).
5.64.110 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §16, 2001; Ord. 2585 §10, 1948).