Chapter 6.24 — PEDDLERS AND SOLICITORS

Unless exempted from the provisions of this title pursuant to Chapter 6.04, it is unlawful for any person to operate, engage in, conduct, carry on, or permit to be operated, engaged in, conducted or carried on within the city, the business of peddler or solicitor unless a permit for such business and the individual engaged in peddling or soliciting has first been obtained from the police department of the city and remains in effect in accordance with the provisions of this chapter. (Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006))

The provisions of this chapter shall not apply to a permitted sidewalk vendor, as defined and regulated by Chapter 6.25. (Ord. 2008 § 6, (2023))

Any person, including those holding a license issued under other chapters of this title, desiring a permit to peddle or solicit (except those who sell to merchants with a fixed place of business for purpose of resale) shall first make an application therefor by filing with the license collector a sworn application in writing on a form to be Famished by the license collector which shall give the following information:

(a) Name, residence and telephone number;

(b) The previous address of the applicant for the five years immediately prior to the present
address of the applicant;

(c) Taxpayers identification number and driver's license number, if any;

(d) Fingerprints (taken by the police department for criminal history investigation purposes)
and three portrait photographs at least two inches by two inches, taken within the last 60
days immediately prior to the date of the filing of the application, which photograph shall
show the head and shoulders of the applicant in a clear and distinct manner;

(e) Applicant's height, weight, color of eyes and hair;

(f) Business occupation or employment of the applicant for the five years immediately
preceding the date of application;

(g) The business license, if any, and permit history of the applicant; whether such person, in
previously operating in this or any other city or state, under license has had such license or
permit revoked or suspended, the reason therefor, and the business activity or occupation
subsequent to such action of suspensions or revocation;

(h) Whether such person has ever been convicted of any crime, except misdemeanor traffic
violations. If there has been any such conviction, a statement must be made giving the place
and court in which such conviction was had, the specific charge under which the conviction
was obtained and thee sentence imposed as a result of such conviction;

(i) A brief description of the nature of the business and the goods or services to be sold;

(j) The name of the business under which the solicitation in the city will be conducted;

(k) The application will also include a separately signed waiver and release authorizing the
city, its agents and employees to seek information and to conduct an investigation into the
truth of the statements made on the application.
(Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006))

All applications for permits shall be accompanied by an investigation and permit fee as established by resolution adopted by the city council from time to time, no part of which is refundable, together with the fee charged by the state for fingerprint submittal. Upon receipt of the application, the license collector shall refer the application to the police department, which within a period of 10 business days from the date of filing the application shall interview the applicant or any other person and make any other investigation necessary to approve or deny the permit. If the police department is unable to complete its review within 10 business days from the date of filing the application, the application will be deemed approved and the department shall issue the permit; however, should the department determine after issuance that the application should have been denied, the permit will be suspended pursuant to Section 6.24.090 of this chapter. (Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006); Ord. 1823 § 2, (2008))

At the time of the application for a permit, applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code unless the applicant will be an employee of another person who has obtained or is obtaining a city business license. No business license shall be issued until the investigation is completed and the permit is approved. The business license shall be issued upon payment of the business license fee as provided in Chapter 6.04 of this code. (Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006))

The police department shall issue such permit if all required information has been furnished and the report filed finds that:

(a) The applicant has not been convicted of any law involving fraud or moral turpitude; and

(b) The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent oral or written statements to the permit application or to any person investigating the application.

The permit shall be denied if all of the above findings cannot be made or if all of the information required is not supplied to the city. If denied, the reasons therefor shall be endorsed upon the application, and the police department shall notify the applicant upon which the reasons have been endorsed by first class mail. (Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006))

In the event a permit has been denied, applicant shall have 10 days from the date of mailing the notice within which to appeal to the city council by filing a written application for a public hearing with the clerk of the city. Notice and a public hearing shall be given as follows:

(a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council,
at a regular meeting thereof, within 30 days from the date of filing the appeal and shall give
written notice of such hearing to the applicant at the address set forth in the appeal by first
class mail at least 10 days prior thereto;

(b) On the date set, the council shall hear the matter, and may continue it from time to time
before reaching a decision. If the council finds that the applicant has satisfactorily met all
of the requirements of this chapter, it shall order the issuance of the permit and business
license. If it finds that the requirements have not been met satisfactorily, it shall deny the
permit and license;

(c) All findings of the council shall be final and conclusive upon the applicant.
(Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006))

No license or permit issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued. (Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006))

Each person issued a permit under this chapter shall keep it in the person's personal possession when going door to door conducting any soliciting or peddling in the city, and it shall be displayed to any person upon request. (Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006))

No person shall peddle any services or goods or solicit any payments for any services or goods at any dwelling unit where a sign is prominently posted or displayed indicating "No Solicitors" or "No Soliciting" or a similar indication that no solicitation is desired by the occupant of the dwelling unit. (Ord. 1776 § 2, (2006))

(a) Any permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation of any provision of this chapter or for any grounds that would warrant the denial of such permits in the first instance.

(b) Prior to the suspension or revocation of any permit issued under this chapter, the permittee
shall be entitled to a hearing before the city manager or the manager's designated
representative, at which time evidence will be received for the purpose of determining
whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of the reasons
for such suspension or revocation shall be set forth in writing and sent to the permittee by
means of first class mail.

(c) In the event of suspension or revocation of any permit, the permittee may appeal to the city
council in the manner as provided in Section 6.24.060.
(Ord. 1484 § 2, (1993); Ord. 1776 § 2, (2006))