Chapter 4.08
SOLICITORS
Sections:
4.08.030 Investigation and fee.
4.08.080 Authorized time for soliciting.
4.08.010 Definition.
“Solicitor” means any person who goes from house to house, or place to place, in the city, selling or taking orders for or offering to sell, rent, lease or take orders for the sale, rental or lease of goods, wares, merchandise, services or whatsoever, for present or future delivery, or for the making, manufacturing or repairing of any article or thing whatsoever, for present or future delivery. (Ord. 1187 § 2 (part), 2004).
4.08.020 Business license.
(a) Each solicitor who is self-employed and each company or firm employing solicitors will be required to obtain a business license as set forth in Chapter 4.04.
(b) All licenses shall expire on the thirty-first day of December of each year. Licenses shall be nonrefundable and nontransferable. All licenses will be renewed through the clerk’s office with the payment of the annual fee. (Ord. 1187 § 2 (part), 2004).
4.08.030 Investigation and fee.
A nonrefundable investigation fee of one hundred dollars shall be paid to the city by each applicant for a solicitor’s permit. The fee shall be paid to the city clerk for deposit in the general fund and used to defer the cost of any investigation made of the applicant. If approved, the investigation fee will be considered the fee for the approved permit. Fingerprinting costs are included in the applicant review fee. Each application for a solicitor’s permit shall be processed for approval by the police chief, or his/her designee, of the city. “Fee” and “investigation,” as used in this chapter, refer solely to individuals and not to a company or firm and each individual person applying for a solicitor’s permit shall be required to pay the fees, complete the application, and submit to investigation as may be required in this chapter. (Ord. 1187 § 2 (part), 2004).
4.08.040 Application.
Any person desiring to secure a solicitor’s permit shall apply in writing over his or her signature to the clerk’s office on forms provided by the city and such application shall state as to each solicitor the following:
(a) The name and address of each solicitor, date of birth, and Social Security number;
(b) The name and address of the person, firm, or corporation by whom employed;
(c) The length of service of each solicitor with such employer;
(d) The place of residence and nature of the employment of each solicitor during the current and last preceding year;
(e) The nature or character of the goods, wares, merchandise, or services to be offered by each solicitor;
(f) A photocopy of personal identification. (Ord. 1187 § 2 (part), 2004).
4.08.050 Issuance of permit.
If the police chief, or his/her designee, determines that the facts set forth in the application are true; that such solicitor has not been convicted of a felony or crime involving moral turpitude; and that the applicant proposes to engage in a lawful and legitimate commercial enterprise, the chief shall then approve the application and the clerk’s department may thereafter issue the permit. The police chief can deny the solicitor’s permit based upon nonaffirmative findings as listed above. All permits shall expire on the thirty-first day of December of each year and shall be nontransferable and nonrefundable. (Ord. 1187 § 2 (part), 2004).
4.08.060 Carrying permit.
Such permit 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 whenever he or she shall be requested to do so by any police officer or any person solicited. (Ord. 1187 § 2 (part), 2004).
4.08.070 Revocation.
Any such issued permit may be revoked by the police chief, or his/her designee, for any violation of the ordinances of the city, laws of the state, or laws of the United States. Notice of revocation or notice of refusal to issue a permit shall be sent to the licensee or prospective licensee specifying the grounds for revocation or refusal. The licensee or prospective licensee may file a notice of appeal with the police chief within ten days of receipt of a notice of revocation or refusal to issue. If timely, the hearing on the notice of appeal shall be the next regularly scheduled council meeting. (Ord. 1187 § 2 (part), 2004).
4.08.080 Authorized time for soliciting.
In order to preserve some quality time for our citizens’ right of peace and enjoyment, solicitors who have been issued a permit are hereby authorized to solicit only between the hours of ten a.m. and four p.m. within the city limits. (Ord. 1187 § 2 (part), 2004).
4.08.090 Exclusions.
This chapter shall not apply to any farmer or rancher selling the products, fruits or crops actually produced by the seller within the city; to any sales conducted by a bona fide charitable or nonprofit organization; or to members of any religious, charitable, health, or welfare service or youth service organizations selling or offering to sell goods or services in order to raise funds for the charitable work of such organizations and for no other purpose. (Ord. 1187 § 2 (part), 2004).
4.08.100 Resale.
This chapter shall not be applied to individuals, persons, or firms who are selling goods, wares, and merchandise or services to other persons, firms, or corporations for resale. These types of businesses are subject to the license requirement, as provided for in Section 4.04.010(B)(1). (Ord. 1187 § 2 (part), 2004).