Chapter 5.28
PEDDLERS AND SOLICITORS
Sections:
5.28.040 License application – Information required.
5.28.060 Mobile ice cream carts.
5.28.070 Investigation of applicants.
5.28.100 Carrying of license required.
5.28.110 Prohibited practices.
5.28.120 Denial, revocation or suspension of license – Generally.
5.28.130 Suspension or revocation procedure.
5.28.140 Appeal to the hearing examiner.
5.28.010 Definitions.
Except as otherwise expressly declared or clearly apparent from the context to which used, the following definitions shall be applied in construing the provisions of this chapter.
A. “Peddler” means all persons, including both principals and agents, as well as employers and employees, who go from place to place or house to house, or by indiscriminately approaching individuals, trading, dealing, carrying, exposing or offering for sale any goods, wares, merchandise or services of any type, sales by sample or for future delivery, and executory contracts of sale by peddlers; provided, however, that this is not deemed applicable to any salesperson or canvasser while soliciting trade from wholesale or retail dealers in the city.
B. “Solicitor” or “canvasser” means person or persons either as a principal or agent who goes from place to place within the city and who 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; or seeks contributions or donations to private causes as opposed to tax-exempt charities; or seeks opinions, preferences or other information for commercial purposes. (Ord. 1650 § 1, 1994)
5.28.020 License required.
It is unlawful for any person to engage in the business of peddler, solicitor or canvasser as defined herein within the corporate limits of the city without first obtaining a license provided herein. (Ord. 1650 § 2, 1994)
5.28.030 Exemptions.
Notwithstanding the requirements of SMC 5.28.020, unless otherwise noted, the following shall be exempted from the requirement to apply for and obtain a business license:
A. Newspaper carriers, whether subscriptions are taken or not;
B. Any farmer, gardener or other person selling, delivering or peddling any fruit, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such person; provided, that this exemption shall not apply to any person selling, delivering or peddling any dairy product, meat, poultry, eel, fish, mollusk or shellfish;
C. Charitable or religious or non-profit organization or corporation which has the tax-exempt status under IRC 501(c)(3), 26 USCA 501(c)(3), as adopted or amended;
D. Bona fide candidates, campaign workers and political committees campaigning on behalf of candidates or on ballot issues, and persons soliciting signatures of registered voters or petitions to be submitted to any governmental agency;
E. Persons who, after having been specifically requested by another to do so, call upon that other person for the purpose of displaying for possible purchase goods, literature or giving information about any article, thing, product, or service. (Ord. 1650 § 3, 1994)
5.28.040 License application – Information required.
Licenses are obtained as follows:
A. Any person, firm, or other organization desiring to secure a license for peddling, soliciting, canvassing or for a mobile ice cream cart, shall file a sworn application in writing to the city clerk on forms provided by the city. The application shall set forth as to the principal or employer applicant the following information:
1. The name, address and telephone number of the applicant person, corporation, partnership or other organization;
2. In the event the name or address of the applicant has changed within the last two years, each name and address used over the last two-year period;
3. If a corporation, the names, addresses and telephone numbers of the corporation’s board of directors and principal officers, unless the city determines that providing such information will prove unduly burdensome;
4. A list of all other cities, towns, and counties where the applicant has obtained a peddler’s permit or similar permit within the past five years;
5. The nature or character of the goods, wares, merchandise or services to be offered by each principal applicant;
6. Any and all facts relating to any conviction of crimes during the past 10 years as such information may be required by the city on the application form;
7. A list of the persons originally contemplating peddling within the city, and the information required in subparagraph “B” below as to each;
8. The name, address and telephone number (business and home) of the individual acting as a manager of the principal applicant; and
9. Such other information as reasonably required by city officials.
B. For each person peddling, soliciting, canvassing or peddling ice cream products from any vehicle, including those who serve as an agent or employee pursuant to a principal application and license as required by this chapter, the following information shall be provided to the city clerk on forms provided by the city and shall set forth as to each such person the following:
1. Name, address and telephone number;
2. In the event the name or address of the applicant has changed within the last two years, each name and address used over the last two-year period;
3. The name, address and telephone number of the person, firm or other organization holding the principal license;
4. Date of birth and general personal description as required by the city;
5. Any and all facts relating to any conviction of crimes for the past 10 years as such information may be required by the city on the application form;
6. The nature or character of the goods, wares, merchandise or services to be offered by the applicant; and
7. Such other information as reasonably required by city officials. (Ord. 1650 § 4, 1994)
5.28.050 License fee.
The license fee for a peddler, solicitor or canvasser, except ice cream products sold from any mobile ice cream cart, shall be $10.00 per day for each person. The license fee for any mobile ice cream cart selling ice cream products shall be $10.00 per month, for each mobile ice cream cart. An additional $12.00 annual background check fee shall be added to each license application. (Ord. 2524 § 1, 2015: Ord. 2265 § 1, 2008: Ord. 1650 § 5, 1994)
5.28.060 Mobile ice cream carts.
A. No person, firm or corporation, shall peddle or offer for sale any ice cream products from any vehicle on any public street, alley or sidewalk within the city; provided, however, that upon being properly licensed as provided in SMC 5.28.050, prepackaged ice cream products may be sold from any mobile ice cream cart on nonarterial streets in residential areas and, upon the request of the licensee, on those arterial streets in residential areas specifically designated and authorized by the chief of police of the city, and shall be subject to the requirements and conditions set out in this section.
B. Mobile ice cream carts shall not:
1. Be operated in such a manner as to impede the normal usage of the arterial streets;
2. Stop on the traveled portion of the street or within 50 feet from a corner to dispense ice cream;
3. Stop in dangerous locations for dispensing ice cream, such as on streets with inadequate shoulders and restricted sight distance;
4. Be operated on any arterial street during the peak hours of traffic, generally between 7:00 and 9:00 a.m. and between 4:00 and 6:00 p.m., Monday through Friday.
C. As used in this chapter:
1. “Ice cream products” mean ice cream, ice milk, water ices, or similar frozen or semifrozen article.
2. “Mobile ice cream cart” means small scooter-type vehicles with engines not exceeding 20 maximum brake horsepower. (Ord. 1650 § 6, 1994)
5.28.070 Investigation of applicants.
It shall be the duty of the chief of police to investigate each application made under SMC 5.28.040. In his investigation, the chief of police shall determine:
A. The genuineness of all credentials presented by the principal applicant and/or the individual applicant;
B. If the principal applicant and/or the individual applicant has a criminal record; and
C. The truth of the facts set forth in the application.
The chief of police shall endeavor to complete such investigation within five working days after receipt of the application. (Ord. 1650 § 7, 1994)
5.28.080 Issuance of license.
If, after the completion of the investigation, the chief of police determines that the facts set forth in the application are true, then the chief shall approve the application, and the city clerk may issue the license. The license shall not be transferable. No license shall be issued until the conclusion of the police chief’s investigation of the application. A license shall not be issued to a principal applicant if the investigation reveals the principal applicant has been convicted of any crime involving fraud or misrepresentation within the past 10 years. If the applicant is an individual, he or she shall not be issued a license if the application investigation reveals that he or she has been convicted of any crime involving fraud or misrepresentation, burglary, rape, or any other sexually motivated crime, within the past 10 years. (Ord. 2265 § 2, 2008: Ord. 1650 § 8, 1994)
5.28.090 Time restrictions.
No person shall engage in peddling within the city, except between the hours of 9:00 a.m. and 9:00 p.m. (Ord. 1650 § 9, 1994)
5.28.100 Carrying of license required.
The license required by this chapter and a photo identification shall be carried at all times by each peddler for whom issued when peddling in the city, and shall be exhibited by any such peddler whenever and wherever he or she shall be requested to do so by any police officer, city official or any person solicited. (Ord. 1650 § 10, 1994)
5.28.110 Prohibited practices.
It shall be unlawful for any person, while engaged or attempting to engage in peddling, soliciting or canvassing within the city, to:
A. Enter upon any other person’s private property, 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 not to be contacted by peddlers or solicitors.
B. Persist or continue in any solicitation or attempted solicitation of any particular member or members of the general public if such person or persons do not wish or desire any further solicitation efforts.
C. Deliver any handbills or other material of any nature, whatsoever, without ensuring that all handbills and materials which are discarded in any public place are removed and cleared by the person making the solicitations from such public place or places, within three hours of the distribution of the handbills. (Ord. 1650 § 11, 1994)
5.28.120 Denial, revocation or suspension of license – Generally.
A. In addition to the other penalties provided by law, any license issued under the provisions of this chapter (or its predecessor) may be denied, revoked or suspended at any time, where the same was:
1. Procured by fraud, false representation or material omission of fact, or for the violation of, or failure to comply with, any of the provisions of this chapter by the person holding such license, or any of his/her servants, agents or employees, while acting within the scope of their employment; or
2. If the licensee, while licensed by the city of Sumner, is convicted of any crime involving fraud, misrepresentation, burglary, rape, or any other sexually motivated crime;
3. If the licensee violates any applicable city, state or federal law, or if the purpose for which the license was issued is being abused to the detriment of the public, or if such license is being used for a purpose different from that for which it was issued. No license shall be revoked or suspended except in accordance with the procedures provided in this chapter.
B. Upon revocation, the individual firm or corporation shall not be granted a license, upon any new application that may be made, for a period of 60 calendar days from date of revocation. The period of suspension shall be fixed by the city clerk for up to and including 10 days for the first suspension and up to and including 30 days for any subsequent suspension within 12 calendar months of a prior suspension.
C. It is unlawful for any person whose license has been revoked or suspended to continue in the business of peddler, solicitor or canvasser, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the city clerk. When revoked, the license shall be canceled, and when suspended, the city clerk shall retain it during the period of suspension.
D. Upon denial of a license, the city clerk shall, by certified mail, give written notice of such action to the applicant, which notice shall include a written report summarizing the complaints, objections and information received and considered by the city clerk and further stating the basis for such action. (Ord. 2265 § 3, 2008; Ord. 1650 § 12, 1994)
5.28.130 Suspension or revocation procedure.
A. Actions to suspend or revoke any license shall be commenced by filing with the city clerk a written complaint setting forth in specific terms the basis therefor. Upon receipt of such complaint, the city clerk shall review the allegations set forth in the complaint and perform a preliminary review of the facts as deemed appropriate under the circumstances to determine if the allegations in the complaint may constitute cause for suspension or revocation. If the city clerk determines that the allegations in the complaint may constitute cause for suspension or revocation, a copy of such complaint shall be mailed by certified mail to the licensee at his/her last address as shown by the license records of the city clerk, and shall be accompanied by a notice that the license may be suspended or revoked.
B. The licensee shall, within 10 working days after receiving any such complaint, mail by certified mail to the complainant and file with the city clerk his/her written answer which shall admit or deny the allegations of the complaint. The licensee may provide other information with the answer licensee deems relevant for consideration by the city clerk.
C. Upon failure of any licensee to file an answer as provided in this section, or in the event that no hearing is requested, as set forth below, the city clerk shall investigate the allegations of the complaint and, if cause exists therefor, may recommend suspension or revocation of the license, or otherwise he/she shall dismiss the complaint; provided that, if the city clerk finds upon a sufficient showing that the conduct complained of has been corrected and is unlikely to be repeated, he/she may dismiss such complaint; and provided further, that the complaint shall be dismissed where the conduct complained of has been corrected.
D. Notice of the action of the city clerk summarizing his/her findings and conclusions and recommended action to be taken on the permit, if any, shall be mailed by certified mail to the complainant and to the licensee. (Ord. 1650 § 13, 1994)
5.28.140 Appeal to the hearing examiner.
A. In all cases in which a complaint is dismissed, other than upon a written agreement between the complainant and the licensee, or in which the license is denied, suspended or revoked, or related action as provided for herein is taken by the city, the aggrieved party may within 10 working days from the date of the mailing of the notice of the city’s action, request a hearing before the hearing examiner. The request for a hearing must be in writing, filed with the city clerk and accompanied by a check in the sum of $50.00. The city clerk shall transmit request for a hearing to the hearing examiner. If no request for a hearing is received within the time specified, the city’s action shall be final.
B. The hearing before the hearing examiner shall be held according to the applicable procedures set forth in chapter 2.58 SMC. The decision of the city clerk shall be given substantial weight by the hearing examiner. The hearing examiner shall give at least 10 days written notice of the hearing to the appellant. No public notice shall be required. The hearing examiner shall issue a decision within 14 days following the closure of the record. The hearing examiner’s decision on such license shall represent the final action by the city, unless an appeal is filed in the Pierce County Superior Court within 14 calendar days from the date the final decision of the hearing examiner is rendered requesting a review of such decision.
C. When a hearing before the hearing examiner has been requested by a licensee in connection with the suspension or revocation of a license, the license shall remain in effect pending the determination made as a result of such hearing; provided that in cases involving a substantial threat to the public health, safety or welfare, the license may be summarily suspended and in such case the date for hearing before the hearing examiner shall be set within five days following the filing of the request for a hearing. (Ord. 1650 § 14, 1994)
5.28.150 Violation – Penalty.
The person, firm or corporation who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1650 § 15, 1994)