Chapter 5.36
SOLICITORS
Sections:
5.36.020 Permit and license required.
5.36.030 Application for master solicitor’s license – Investigation fee.
5.36.040 Application for individual license and permit – Investigation fees.
5.36.050 Application for individual license and permit – Investigation and issuance.
5.36.070 Exhibition of license required.
5.36.080 Duty of police to enforce.
5.36.100 Revocation of license.
5.36.120 Exceptions to chapter provisions.
5.36.130 Religious activities exempt.
5.36.140 Noncompliance – Orders and contracts null and void.
5.36.010 Definitions.
(1) A “peddler” means an individual, whether a resident of the city or not, who carries goods, wares or merchandise, articles, things or personal property of whatever name or nature or description, from house to house, place to place, or upon any street, highway or public place within the city for sale.
(2) A “hawker” means any individual, whether a resident of the city or not, selling or offering for sale any goods, wares, or merchandise, articles, things or personal property of whatsoever name, nature or description, except newspapers, by peddling them from house to house, or upon any street, highway or public place, who shall make public outcry or give any musical or other public entertainment or make any public speech to draw customers or attract notice.
(3) A “canvasser” or “solicitor” means any individual whether a resident of the city or not, traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for delivery or for service to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sales or not, or whether he is collecting advance payments on such sales or not, and/or any person who, for himself or for another person, firm, or corporation, hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop, or any other place within the city for the purpose of exhibiting samples and taking orders for future delivery, and/or any individual who for himself or for another person, firm or corporation, hires, leases, uses or occupies any vehicles, building, structure, hotel room, motel room, apartment, shop or any other place within or without the city for the purpose of taking or attempting to take orders by telephone or any other means for sale of goods, wares, and merchandise, or personal property of any nature whatsoever for present or future delivery within the city or for services to be furnished or performed in the present or future within the city.
(4) A “solicitor” or “canvasser” means and includes any individual, whether a resident of the city or not, who supplies a service or applies any article, supply or material to any building or structure for which a solicitor or canvasser as hereinbefore defined has received an order therefor, in the event the solicitor or canvasser who took the order has not complied with the provisions of this chapter.
(5) A “master solicitor” means a firm or corporation doing business within or without the state of Washington that employs solicitors or canvassers as defined by this chapter.
(6) An “agent” means an individual doing soliciting under a master solicitor’s license. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 2, 1966)
5.36.020 Permit and license required.
It is unlawful for any peddler, hawker, solicitor, agent or canvasser as defined in WMC 5.36.010 to engage in such business within the corporate limits of the city without obtaining a permit and/or license therefor in compliance with the provisions of this chapter. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 1, 1966)
5.36.030 Application for master solicitor’s license – Investigation fee.
Any person or firm desiring to secure a master solicitor’s license shall apply therefor in writing over his or her signature, or in the case of a corporation over the signatures of any two officers thereof accompanied by an impression of the corporate seal of the applicant, to the city clerk, and such application shall contain as to each applicant:
(1) Name and address of applicant;
(2) Whether applicant is corporation, partnership or proprietorship;
(a) If corporation, names and home addresses of two principal officers thereof; name and home address of the managing agent of the corporation office within the state of Washington nearest to the city; state of incorporation; if foreign corporation, name and mailing address of the resident agent for the state of Washington,
(b) If copartnership, name and home address of each partner;
(3) Nature or character of the goods, wares, merchandise, or service to be offered by the applicant;
(4) Names and addresses of each solicitor agent of the applicant employed or active in the city and a complete physical description of such agent;
(5) A statement that applicant will be fully responsible for all agreements and acts of its solicitor agents listed in the application or subsequently certified to the city clerk as being one of its solicitor agents;
(6) Attached thereto shall be the individual solicitor’s license application of each agent listed on the master solicitor’s application; the application for individual solicitor agents shall be made in the form described in WMC 5.36.040; provided, that the individual fee therefor shall be as described in WMC 5.36.150. Investigation of applicants for individual solicitor agent’s licenses shall be in accordance with WMC 5.36.050. Each additional application for a solicitor agent’s license shall be made in accordance with the provisions of this subsection (6);
(7) Upon receipt of an application for a master solicitor’s license by the city clerk, the application shall be referred to the chief of police who shall cause such investigation of the applicant’s business, and in the event the applicant is an individual, his moral character, and of all other items contained in the application, special attention given to the goods and property to be sold and business conducted by the master solicitor. The chief of police shall investigate into these matters to such an extent as he deems necessary to the protection of the public good. The disposition of the application shall be made in accordance with the terms and provisions of WMC 5.36.050(2), (3), and (4). The investigation fee for applications for a master solicitor’s license shall be as described in WMC 5.36.150 and shall be paid at the time of application. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 346 §§ 1, 2, 1966; Ord. 341 § 3, 1966)
5.36.040 Application for individual license and permit – Investigation fees.
Applicants for individual license and permit under this chapter must file with the city clerk a sworn application, in writing (in duplicate), on a form to be furnished by the city clerk, which shall give the following information:
(1) Name and description of the applicant;
(2) Permanent home address and full local address of the applicant;
(3) A brief description of the nature of the business and the goods to be sold;
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(5) The length of time for which the right to do business is desired;
(6) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery;
(7) The fingerprints of the applicant and the names of at least two reliable property owners of the state of Washington who will certify as to the applicant’s good character and business responsibility, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
(8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor;
(9) A statement as to the cities and towns in which the applicant has done business within six weeks prior to the date of application; and
(10) In the event the application is for an individual license, a fee as set in WMC 5.36.150 shall be paid to the city clerk to cover the cost of investigation of the facts stated therein. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 446 § 1, 1971; Ord. 341 § 4, 1966)
5.36.050 Application for individual license and permit – Investigation and issuance.
(1) Upon receipt of such application by the city clerk, the original shall be referred to the chief of police who shall cause the investigation of the applicant’s business character, and of all other items contained in the application with special attention given to the goods or property to be sold and the type of business for which the applicant is employed. The chief of police shall investigate into these matters to such an extent as he deems it necessary for the protection of the public good.
(2) If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory or any of the information given in the application is found to be unsatisfactory or untrue, or if it is found that the business or product is contrary to the public good or welfare of the community, the chief of police shall endorse on such application his disapproval and his reason for the same, and return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
(3) If as a result of such investigation, the character and business responsibility of the applicant and the type of product and business is found to be satisfactory, and the contents of the application found to be true, the chief of police shall endorse on the application his approval. Upon such endorsement the application shall be returned to the city clerk. It shall then be the duty of the city clerk to either issue the applicant his permit and license or in the discretion of the city clerk to refer the same to the city council for further action. Such license shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, the class of license issued, and the kind of goods to be sold thereunder, the amount of the fee paid, and the date of issuance and the length of time the same shall be operative. The clerk shall keep a permanent record of all licenses issued.
(4) Any peddler, hawker, solicitor or canvasser who does not renew a license required herein from year to year or a portion of any consecutive year, shall fulfill the provisions of WMC 5.36.040 before engaging in such business within the corporate limits of the city. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 5, 1966)
5.36.060 License fee.
(1) The license fee which shall be charged for such license shall be as set in WMC 5.36.150 per year, and shall be assessed on a calendar year basis.
(2) None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he or she may apply to the city manager for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. (Ord. 1915 § 1 (Exh. A), 2020; Ord. 1196 § 1 (Exh. A), 1996; Ord. 561 § 3, 1975; Ord. 446 § 2, 1971; Ord. 341 § 6, 1966)
5.36.070 Exhibition of license required.
Peddlers, hawkers, solicitors, agents and canvassers are required to exhibit their license at the request of any citizen. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 7, 1966)
5.36.080 Duty of police to enforce.
It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed to produce his solicitor’s or canvasser’s license and to enforce the provisions of this chapter against any person found to be violating them. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 8, 1966)
5.36.090 Records required.
The chief of police shall report to the city clerk all convictions of violations of this chapter and the city clerk shall maintain a record of each license issued and record the reports of violation therein. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 9, 1966)
5.36.100 Revocation of license.
Permits and licenses issued under the provisions of this chapter may be revoked by the action of the city council after notice and hearing, for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license;
(2) Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler, hawker, solicitor or canvasser;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving moral turpitude;
(5) Conducting the business of peddling, hawking, soliciting or canvassing in an unlawful manner or in such a manner as to constitute a menace to health, safety or general welfare of the public; or
(6) Failure of a master solicitor to carry out his responsibility for all agreements or acts of its solicitor agents in accordance with WMC 5.36.030(5). (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 10, 1966)
5.36.110 Appeal procedure.
Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit or license as provided in WMC 5.36.050, or in the action of the city manager in the assessing of the fee as provided in WMC 5.36.060(1), shall have the right of appeal. Such appeal shall be taken by filing with the city clerk within 14 days after notice of the action complained of has been mailed to such person’s last known address a written statement setting forth fully the grounds of the appeal. The city clerk shall set a time and place for a hearing on such appeal before the hearing examiner and notice of such hearing shall be given to the appellant in the same manner as provided in WMC 5.36.100 for notice of hearing on revocation. The decision and order of the hearing examiner on such appeal shall be final and conclusive. (Ord. 1915 § 1 (Exh. A), 2020; Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 11, 1966)
5.36.120 Exceptions to chapter provisions.
This chapter shall not be construed as applicable to insurance persons, advertising salespersons or salespersons calling on the retail or wholesale trade and/or any farmer, or other person who shall peddle any poultry or eggs, meats or any farm produce or edibles raised, caught, produced, manufactured by such person in any place in this state; and to encourage the dissemination of news and information, it shall not be construed as applicable to daily or weekly newspaper salespersons, whether subscriptions are taken or not. All persons peddling edibles for human consumption shall comply with all the health regulations of the state and county before doing business in this city. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 12, 1966)
5.36.130 Religious activities exempt.
Clark County residents representing local religious organizations selling Bibles, religious books or religious literature are exempt from payment of any fees under the terms of this chapter. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 13, 1966)
5.36.140 Noncompliance – Orders and contracts null and void.
As an exercise of the police power and to protect the public from possible imposition, misrepresentation and fraud, all orders and contracts solicited and executed in the city by a solicitor, canvasser, hawker or peddler who has not complied with the provisions of this chapter, whether the order or contract is accepted by the seller in another place is deemed executed in the city and every such order and contract is null and void. (Ord. 1196 § 1 (Exh. A), 1996; Ord. 341 § 1, 1966)
5.36.150 Fee schedule.
Fees established are as follows:
(1) Investigation.
(a) Master solicitor (first five agents): $50.00;
(b) Individual solicitor: $35.00;
(c) Solicitor agent (at time of master): $10.00;
(d) Solicitor agent (after master issued): $35.00.
(2) License.
(a) Master solicitor: $25.00;
(b) Individual solicitor: $25.00;
(c) Solicitor agent (under master): $10.00. (Ord. 1196 § 1 (Exh. A), 1996)