Division II. Offenses Against the Person
(Reserved)
Division III. Consumer Protection
Chapter 9.56
PEDDLERS AND SOLICITORS
Sections:
9.56.030 Permit required – Eligibility.
9.56.040 Application procedure.
9.56.070 Restrictions on solicitors.
9.56.080 Violations – Penalty.
9.56.015 Definitions.
A solicitor within the meaning of this chapter is defined to be:
A. Any person who goes door-to-door or place-to-place in order to contract, offer to sale, sell, or trade any services, property, or goods within the city of Palouse; provided, that this section shall not apply to any salesperson who solicits trade from wholesale or retail merchants within the city; or;
B. Any person who contracts, offers for sale, sells, or trades any services, property, or goods from a doorway, vacant lot, street, or other place not used by such person as a permanent place of business within the city. [Ord. 766 §2, 2001].
9.56.025 Exemptions.
This chapter shall not apply to the following:
A. Contracts, offers to sell, sales, or trades of services, property, or goods to wholesale or retail merchants;
B. Newspersons;
C. Persons or entities distributing literature or soliciting donations for civic, charitable, religious, patriotic, or philanthropic purposes. [Ord. 766 §3, 2001].
9.56.030 Permit required – Eligibility.
It shall be unlawful for any person to act as a solicitor within the city of Palouse without a valid solicitor’s permit, secured in the manner provided in this chapter. No person shall be eligible for a solicitor’s permit who:
A. Is under the age of 18;
B. Is not properly registered with the Washington State Department of Revenue and, if applicable, duly licensed by the state of Washington or properly registered with the Office of the Washington State Insurance Commissioner;
C. Is untruthful in his or her application for a solicitor’s permit, or makes any knowing misrepresentations in his or her application for a solicitor’s permit;
D. Proposes to engage in, or will engage in, any unlawful commercial or professional enterprise activity or conduct in conjunction with his or her solicitation activities;
E. Has been convicted within the past 10 years of any felony for crimes involving sexual offenses, kidnapping, robbery, burglary, larceny, fraud, or physical assault;
F. Has ever been convicted of rape, murder, or attempted rape or murder; or
G. Who has ever been issued a solicitor’s permit by the city of Palouse which was subsequently revoked as provided in this chapter. [Ord. 766 §4, 2001].
9.56.040 Application procedure.
Any person desiring to secure a solicitor’s permit shall submit to the city clerk-treasurer a written application on forms provided by the city, verified under oath, containing the following information:
A. Applicant’s name, address, telephone number, and the name, address, and telephone number of applicant’s employer (if any);
B. Personal description of applicant;
C. Applicant’s driver’s license number (if any), and state of issuance;
D. Vehicle license number of any motor vehicle to be used in conjunction with solicitations;
E. Uniform Business Identifier number issued by the Washington State Department of Revenue to applicant or applicant’s employer;
F. A detailed description of the nature or character of services, property, or goods to be offered by applicant; and
G. Whenever applicable, a copy of applicant’s food handler’s permit issued by the Whitman County Health Department, or registration certificate or license issued by the Washington State Insurance Commission or Washington State Department of Licensing. [Ord. 766 §5, 2001].
9.56.050 Permit – Effect.
Upon completion of the application procedures for a solicitor’s permit in the manner provided in PMC 9.56.040, above, the city clerk-treasurer shall issue a permit to the applicant. The permit shall be valid for one year, unless sooner revoked as provided in this chapter. The permit shall be personal to the applicant, and shall not be transferable to any other person. In no event shall issuance of a permit be intended or construed in any manner to be endorsement by the city of the services, property, or goods offered by the solicitor. Likewise, in no event shall the permit be construed as a basis for any claims against the city or any of its officers or employees by any person(s) or entity for damages, injuries, or loss suffered by any person(s) or entity arising out of the solicitor’s activities within the city of Palouse; the permit shall be in the nature of a registration, to register the identity of persons who desire to engage in solicitor activities within the city of Palouse. [Ord. 766 §6, 2001].
9.56.060 Solicitor’s duties.
The solicitor’s permit shall be carried on the person of the solicitor at all times while soliciting. The solicitor shall display the permit upon request of any law enforcement officer, city official or employee, or upon the request of any person solicited. [Ord. 766 §7, 2001].
9.56.070 Restrictions on solicitors.
A. No solicitor shall conduct solicitation activities within the city of Palouse before 8:00 a.m., or after 8:00 p.m.
B. No solicitor shall approach any residence or property upon which a “No Solicitors” sign is posted, provided, the sign must be in letters at least two inches high, and must be posted at the front door or front gate of the residence.
C. If any solicitor is asked to leave the property or residence of any resident or property owner or lessee at any time, the solicitor shall do so immediately, peacefully, without further attempts to solicit from the resident, owner, or lessee.
D. The city clerk-treasurer shall maintain a list of names and addresses of all persons, businesses, or organizations that have requested that they not be contacted by any solicitors. Any person, business, or organization desiring to be included on the list shall contact the clerk-treasurer and request inclusion on the list. Each day before any solicitor begins any solicitation activities within the city, the solicitor shall review the list; no solicitations or other contact shall then be made by the solicitor to any person at any address included on the list.
Should the solicitor desire to conduct solicitation activities any day during which the city clerk-treasurer’s office is ordinarily closed for business, it shall be the responsibility of the solicitor to review the list during the last regular business day the city clerk-treasurer’s office is open immediately preceding the date of the scheduled solicitation activities. [Ord. 766 §8, 2001].
9.56.080 Violations – Penalty.
Any person found in violation of this chapter shall be fined not less than $25.00, nor more than $500.00 for each violation or offense. Each day in which a violation or offense occurs or continues shall constitute a separate offense. [Ord. 766 §9, 2001].
9.56.090 Revocation.
A solicitor’s permit issued under this chapter may be revoked by the city for the violation of any ordinance or law of the city of Palouse, or for the violation of any Washington State or United States laws which are perpetrated incidentally to the solicitor’s solicitation activities. Furthermore, the city may revoke a solicitor’s permit should it find a solicitor has failed to maintain the qualifications required under this chapter; provided, such a revocation shall be effective only after the solicitor has been afforded adequate notice of the revocation, and only after the solicitor has been afforded the right to a hearing on the matter before the city council. [Ord. 766 §10, 2001].