Banning Municipal Code Ch. 5.24 Commercial Solicitors

It shall be unlawful for any commercial solicitor, as hereafter defined, to engage in such business within the corporate limits of the city without first obtaining a license therefor in compliance with the provisions of this chapter.

(Code 1965, § 12-253.)

A commercial solicitor is defined as a canvasser, peddler, salesman or any other person, either as principal or agent, whether a resident of the city or not, using telephone service or other communication, or traveling from house to house, or to any other place in the city, soliciting, taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of any nature whatsoever for future delivery, or for services 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 the sale, or he or she is collecting advance payments on such sales or not; provided, that such definition shall include any person, who for himself or another, hires, leases, uses or occupies any building, structure, tent, vehicle, hotel room, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

The provisions of this chapter shall not apply to goods, wares or merchandise sold to dealers at wholesale for resale purposes, or to persons, firms or corporations who use the purchased goods, wares or merchandise in the making of a product to be manufactured in the city, or to any person holding a license under the city License Ordinance, subject to such requirements as the city council may set forth by resolution as to application for identification badges and wearing such badges.

Solicitors and salesmen maintaining a regular schedule or making calls on business and professional establishments in the city shall not be included within the definition of commercial solicitor, and shall be exempt from all license taxes.

(Code 1965, § 12-254.)

Applicants for commercial solicitor's license under this chapter must file with the license official a sworn application, in duplicate, on a form to be furnished by the license official, which shall include the following information:

A. Full name, permanent home address no post office box. and local address of the applicant.

B. Brief description of the nature of the business and the product to be sold.

C. If employed, the name and address of the employer, the name and address of any local or state office or manager, together with credentials establishing exact relationship or authority.

D. Length of time for which the right to do business is desired.

E. The place where the product 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 such application is filed and the proposed method of delivery.

F. Evidence that applicant has a photograph and fingerprints on file with the city police department.

G. Last three cities or towns where the applicant carried on business immediately preceding the date of application, and the address, if any, from which such business was conducted in those cities or towns.

H. Statement as to whether or not the applicant has been convicted of any crime, the nature of the offense and the punishment or penalty assessed therefor.

I. At the time of filing the application, a fee of twenty dollars shall be paid to the city to cover the cost of investigation by the chief of police of the facts stated in such application.

(Code 1965, § 12-255..

Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public.

A. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall, within fourteen days, endorse on such application his disapproval and his reasons therefor, and return such application to the license official, who shall notify the applicant that the application is disapproved and no license shall be issued.

B. If, as result of such investigation, the applicant's character and business responsibility are found to be satisfactory, the chief of police shall, within fourteen days, endorse his approval on the application, and return to the license official, who shall issue a license after the payment of the prescribed license fee.

C. No solicitors license shall be issued for more than one person, but supplementary licenses may be issued to additional solicitors who represent an organization currently licensed as a solicitor in the city.

(Code 1965, § 12-256.)

Each commercial solicitor, whether as a principal agent or employee, shall pay a business tax of eighteen dollars per day or one hundred dollars per year.

(Code 1965, § 12-257.)

A cash or surety bond in the sum of five hundred dollars shall be posted by such solicitor. Any person aggrieved by the action of any such solicitor shall have the right of action on such bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in the case of cash deposits, such deposits shall be retained by the city for a period of ninety days after the expiration of such license, unless sooner released by action of the city council. The provisions of this section shall not apply to any authorized agent or representative of a regularly established business in the city.

(Code 1965, § 12-258.)

Every solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall offer the information required by the license official to verify such claim of exemption. In the event of the granting of such exemption, the license fee shall be waived by the license official, but all other provisions of this chapter shall be complied with by such applicant.

Other exemptions from the payment of license fees may be granted by the city council upon proper showing.

(Code 1965, § 12-259.)

All solicitations shall be limited to the hours between 10:30 A.M. and 7:30 P.M. each day.

(Code 1965, § 12-260.)

The license official may issue to each licensee at the time of delivery of his license a permit holder. The permit holder shall be of a proper size to hold the permit along with a photograph of applicant. The photograph shall measure at least one and one-fourth inch by one and one-fourth inch and shall have been taken not more than thirty days prior to the application. The license official shall collect from each such license a deposit of six dollars and twenty-five cents for each such permit holder. Such deposit shall be refunded upon the return of the permit holder in good condition. Such permit holder, permit and photograph shall, during the period such licensee is engaged in soliciting, be worn by the licensee on the front of his or her outer garment in such a way as to conspicuously show the expiration date of such license.

(Code 1965, § 12-261.)

It shall be the duty of any police officer of the city to enforce the provisions of this chapter against any person found to be violating the same.

(Code 1965, § 12-262.)

A. Licenses issued hereunder may be revoked by the chief of police for any of the following reasons.

1. Fraud, misrepresentation or false statements contained in the license application.

2. Fraud, misrepresentation or false statements made in the course of carrying on his business as solicitor.

3. Violation of any ordinance, or the conviction of any other crime.

4. Conducting the business of soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace, or menace to the health, safety or general welfare of the public.

B. Notice of such revocation shall be in writing setting forth the specific grounds of such revocation. There shall be no refund of license fees in the event of such revocation.

(Code 1965, § 12-263.)

Any person aggrieved by the action of the chief of police or license official in the denial or revocation of a license shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city clerk within fourteen days after notice of the action complained of, a written statement setting forth fully the grounds for appeal. The city council shall set a time and place for hearing such appeal, and notice thereof shall be mailed, postage prepaid, to the person at his address shown on such application at least five days prior to the date set for such hearing. The decision and order of the city council shall be final and conclusive.

(Code 1965, § 12-264.)