Chapter 5.06
SOLICITOR’S LICENSE

Sections:

5.06.010    Definitions.

5.06.020    License – Required – No soliciting signs – Exemptions.

5.06.030    License – Application.

5.06.040    Investigation of application – Issuance and denial of license.

5.06.050    Fees.

5.06.060    Exhibition of license.

5.06.070    Expiration.

5.06.080    Revocation or suspension of license – Grounds.

5.06.090    Appeal.

5.06.110    Use of streets.

5.06.120    Hours.

5.06.130    Records.

5.06.140    Penalty for violation.

5.06.010 Definitions.

A “solicitor” is defined as follows:

(1) Any person, both principals and agents, who shall sell, offer or expose for sale, or trade, deal or traffic in any personal property at retail or services in the City by going from house to house or from place to place or by indiscriminately approaching individuals.

(2) Sales by sample or for future delivery, and executory contracts of sale by solicitors, are embraced within the preceding subsection; provided, however, that this section shall not apply to any salesman or canvasser who solicits trade from wholesale or retail dealers in the City. (Ord. O2012-329 § 1; Ord. O2012-322 § 1 (Att. A))

5.06.020 License – Required – No soliciting signs – Exemptions.

(1) No person or individual shall act as a solicitor within the City limits without first obtaining a license therefor as provided in this chapter. It is a violation of this chapter to solicit without a valid license.

(2) It is a violation to solicit on premises that conspicuously display a “no solicitors” sign, or a sign with similar language.

(3) The following persons are eligible for an exemption to the license requirements and fee provisions of this chapter:

(a) Farmers, gardeners, or other persons who sell, deliver, or peddle agricultural, horticultural or farm products (including fruits, vegetables, berries, eggs, or other edibles) which they have actually grown, harvested, manufactured or produced; provided, that this exception does not apply to sale of firewood;

(b) Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. 501(c)(3) or other similar civic, charitable, educational, political, or nonprofit organizations; and

(c) Newspaper subscription solicitors and vendors of books and periodicals.

Provided, however, that any such person must first apply for an exemption on forms furnished by the City clerk. Upon determination by the City clerk that such person is exempt from the license requirements, a copy of the approved “application for exemption” shall be provided and must be carried by the person at all times the person solicits in the City. (Ord. O2012-322 § 1 (Att. A))

5.06.030 License – Application.

(1) License applicants must file with the City clerk a sworn application in writing on a form furnished by the City clerk.

(2) All applicants must supply the following information:

(a) Name, home address, home telephone number, date of birth, valid driver’s license(s), vehicle description(s), and license plate number(s);

(b) Name, business address, mailing address, and phone number of sponsor, employer or association which the solicitor is representing, if applicable;

(c) Description of item(s) for sale;

(d) Business references;

(e) Whether or not the solicitor has ever been convicted of a crime related to the sale or representation of any goods, wares, merchandise or anything of value, and, if so, the details thereof (i.e., burglary, theft or crimes against the person). (Ord. O2012-322 § 1 (Att. A))

5.06.040 Investigation of application – Issuance and denial of license.

(1) The City clerk or designee shall verify the information included in the application.

(2) After verifying the information contained in the application, the City clerk shall, upon payment of the prescribed fee, issue the license to the applicant. The City clerk shall deny a license if the applicant has:

(a) Within the last 10 years been convicted of a crime or offense directly related to the sale or representation of any goods, wares, merchandise or anything of value, including, but not limited to, burglary, theft, and fraud;

(b) Made a false or misleading statement in the application. (Ord. O2012-322 § 1 (Att. A))

5.06.050 Fees.

Solicitor’s license shall be as shown in the most current City fee schedule. Such fees shall be paid at the time of filing the application without proration. (Ord. O2012-322 § 1 (Att. A))

5.06.060 Exhibition of license.

Solicitors are required to exhibit their license at the time of any solicitation and upon request by a police officer and any person being solicited. (Ord. O2012-322 § 1 (Att. A))

5.06.070 Expiration.

All licenses issued under this chapter shall expire one year from date of issuance. (Ord. O2012-329 § 2; Ord. O2012-322 § 1 (Att. A))

5.06.080 Revocation or suspension of license – Grounds.

The City clerk may, at any time, suspend or revoke any license issued under the provisions of this chapter whenever the licensee, or any officer, employee or partner thereof:

(1) Has violated any federal, state or City statute, law, regulation or ordinance directly related to his or her fitness for a solicitor’s license, whether or not the licensee, or officer or partner thereof, has been convicted in any court of competent jurisdiction of such violation; or

(2) Is conducting or has conducted, engaged in or operated a business stated in the license which does not conform to the ordinances of the City; or

(3) Has maintained or permitted the business stated in the license to be conducted, engaged in or operated in such manner as to constitute a public nuisance; or

(4) Has made any material false statement or representation in connection with obtaining the license. (Ord. O2012-322 § 1 (Att. A))

5.06.090 Appeal.

(1) Whenever the City clerk determines that there is cause for denial, suspension or revocation of a solicitor’s license, the clerk shall, by certified mail, notify the applicant or licensee of the clerk’s determination, including the grounds for denial, suspension or revocation. Notice mailed to the address on the application or license shall be deemed received three days after mailing.

(2) The licensee may appeal the decision of the City clerk to deny, suspend or revoke a solicitor’s license by filing a written notice of appeal to the hearing examiner within 21 days of the City clerk’s decision, pursuant to the procedures in SMC 21.09.020. (Ord. O2012-322 § 1 (Att. A))

5.06.110 Use of streets.

No solicitor shall have any right to a stationary location in a public right-of-way. (Ord. O2012-322 § 1 (Att. A))

5.06.120 Hours.

No person required to obtain a solicitor’s license shall engage in the business of solicitation between the hours of 7:00 p.m. and 9:00 a.m. Monday through Friday and between the hours of 5:00 p.m. and 10:00 a.m. on Saturday and Sunday. (Ord. O2012-322 § 1 (Att. A))

5.06.130 Records.

The police shall report to the City clerk all convictions for violations of this chapter, and the City clerk shall maintain a record for each license issued and record the reports of violation therein. (Ord. O2012-322 § 1 (Att. A))

5.06.140 Penalty for violation.

Any person failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties provided in Chapter 1.10 SMC. (Ord. O2012-322 § 1 (Att. A))