Colfax Municipal Code Art. II Soliciting

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Business" means and includes every pursuit, occupation, trade, profession, employment and enterprise regularly engaged in or transacted, either exclusively or not, whether or not transacted in its entirety in the city or partially in the city, all shows, exhibitions and lawful games conducted, the soliciting of orders (other than goods to be delivered through interstate commerce) and the delivery of goods by vehicles owned and/or operated by the seller.

"Fixed place of business" means any establishment, store, office or central place for carrying on regular activities or individual shows, exhibitions or games when opened or maintained in good faith other than for the purpose of qualifying to be licensed under a different classification than would otherwise apply under the provisions of this article.

For the purposes of this article, there shall be rebuttable presumption that a person not having a fixed place of business or domicile in the city for the ninety (90) consecutive days preceding the date of an application or transaction of business, whichever comes first, does not have a fixed place of business or domicile in the city.

"Goods" means and includes all personal property, whether manufactured, processed or produced by the persons dealing therewith or handling the same or which is bought or obtained by such person for resale, other than spirituous, vinous or malt liquors or other intoxicants.

"Labor" means and includes labor, work or service, whether rendered or performed under contract, subcontract, partnership, station plan or other agreement.

(Prior code § 5-6.01)

In addition to the information required by the collector for the issuance of a regular business license pursuant to the provisions of Chapter 5.04 of this title, each applicant for a license to carry on a business, as defined in Section 5.08.180 of this chapter, shall file with the chief of police a written sworn application signed by the applicant, if an individual, by a partner, if a partnership or by the president or secretary of a corporation, if a corporation. Such application shall set forth the following information:

A. The name of the person having the management or supervision of the applicant's business during the time it is proposed the business will be carried on in the city; the local address of such person while engaged in such business; the permanent address of such person; the capacity in which such person will act (that is, whether as proprietor, agent or otherwise); the name and address of the person for whose account the business will be carried, if any; and, if a corporation, under the laws of what state the business is incorporated;

B. The fingerprints of the person having the local management or supervision of the applicant's business or, in lieu thereof, at least three letters of recommendation from reliable property owners in the city certifying as to the applicant's good character and business responsibility or other evidence which establishes to the satisfaction of the chief of police the good character and business responsibility of such person;

C. The place in the city where it is proposed to carry on the applicant's business and the length of time during which it is proposed such business shall be conducted;

D. The place, other than the permanent place of business of the applicant, where the applicant conducted a transient business within the six months next preceding the date of such application, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;

E. A statement of the nature, character and quality of the labor to be performed, goods, wares or merchandise to be sold or offered for sale by the applicant in the city; the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession and by sample, at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced; and where such goods or products are located at the time such application is filed;

F. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers and, if required by the chief of police, copies of all such advertising, whether by handbills, circulars, newspaper advertising or otherwise, shall be attached to such application as exhibits thereto;

G. Whether or not the person having the management or supervision of the applicant's business has been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor;

H. Credentials from the person, firm or corporation for which the applicant proposes to do business authorizing the applicant to act as such representative; and

I. Such other reasonable information as to the identity of the character of the person having the management or supervision of the applicant's business.

(Prior code § 5-6.02)

Every person not having a fixed place of business or domicile within the city who sells or solicits from house to house to perform labor orders or subscriptions for merchandise, literature or photographs and every person not having a fixed place of business or permanent residence within the city who sells or offers to sell, vehicle tire chains shall pay a minimum fee of fifty cents ($0.50) per day, with a minimum fee of fifteen dollars ($15.00). No license shall be issued for a period in excess of three months.

(Prior code § 5-6.03)

A separate license shall be obtained by each solicitor or seller, even though employed by the same business.

(Prior code § 5-6.04)