Fairfax Municipal Code Ch. 5.44 Peddlers, Canvassers and Solicitors

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CANVASSER, PEDDLER or SOLICITOR. Any individual traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street, selling, taking or attempting to take orders for sale of goods, wares and merchandise, books, periodicals or personal property of any nature whatsoever for present or future delivery, or for services to be furnished or performed in the present or future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, or whether he or she is collecting advance payments on the sales or not.

(Prior Code, § 5.44.010)

The provisions of this chapter shall not apply to salespersons who solicit orders from or sell to retail dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies.

(Prior Code, § 5.44.020)

It is unlawful for any solicitor, peddler or canvasser to engage in business within the town without first obtaining a solicitor’s permit therefor in compliance with the provisions of this chapter.

(Prior Code, § 5.44.030)

Applicants for a solicitor’s permit must file with the Town Clerk a verified application, in writing, in duplicate, on a form to be furnished by the Town Clerk, which shall give the following information:

(A) Name and description of the applicant;

(B) Permanent home address and full local address of the applicant;

(C) A brief description of the nature of the business and the goods to be sold;

(D) If employed, the name and address of the employer, together with credentials establishing the exact relationship;

(E) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where the goods or products are located at the time the application is filed and the proposed method of delivery;

(F) Two photographs or the fingerprints of the applicant and the names of at least three reliable residents of the county who will certify as to the applicant’s good character and business respectability, 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 indicate the character and business responsibility; and

(G) A statement as to whether or not the applicant has been convicted of any crime or misdemeanor, other than traffic violations, and the nature of the offense and the punishment or penalty assessed therefor.

(Prior Code, § 5.44.040)

(A) The applicant shall tender the application and a fee to be determined by resolution of the Town Council to the Town Clerk, and upon receipt of the application, the Town Clerk shall investigate the facts set forth in the application; and if, after investigation, the facts are substantiated, the Town Clerk shall execute and deliver to the applicant a solicitor’s permit.

(B) The permit shall contain the signature of the Town Clerk and the seal of the town and shall show the name and address of the permittee, the purpose for which the permit is issued, the kind of goods to be sold thereunder, the date of issuance and other information or data as the Town Clerk may deem advisable.

(Prior Code, § 5.44.050)

Permits issued pursuant to this chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.

(Prior Code, § 5.44.060)

Permits issued pursuant to this chapter shall be valid until December 31 of the calendar year for which issued.

(Prior Code, § 5.44.070)

Immediately upon the issuance of a solicitor’s permit, the Town Clerk shall refer to the Chief of Police a duplicate of the application, with a notation thereon as to the date on which the permit was issued. The Town Clerk shall keep a permanent record of all permits issued pursuant to the provisions of this chapter.

(Prior Code, § 5.44.080)

If, within 21 days after the Town Clerk refers to the Chief of Police a duplicate of the written application, the Chief of Police ascertains that the permittee’s character or business responsibility is unsatisfactory, the Chief of Police shall so certify to the Town Clerk, and the Clerk shall thereupon revoke the permit theretofore issued by him or her, and shall immediately notify the permittee of the action by depositing in the United States Mail, postage prepaid, a notice of the revocation, addressed to the permittee at his or her permanent home address contained in the permittee’s application. The revocation shall be deemed to be complete upon the deposit of the notice of revocation in the United States Mail.

(Prior Code, § 5.44.090)

(A) Any person aggrieved by the action of the Chief of Police or the Town Clerk in the revocation of a permit, as provided in § 5.44.090, shall have the right to appeal to the Town Council.

(B) The appeal shall be taken by filing with the Town Clerk, within 14 days after notice of the action complained of has been mailed to the person’s last-known address, a written statement setting forth fully the grounds for the appeal and payment of an appeal fee.

(C) The Town Council shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the appellant in the same manner as provided in § 5.44.120 for notice of hearing on revocation. The decision and order of the Town Council on the appeal shall be final and conclusive.

(Prior Code, § 5.44.100)

Permits issued under the provisions of this chapter may be revoked by the Town Council after notice and hearing, for any of the following causes:

(A) Fraud, misrepresentation or false statement contained in the application for permit;

(B) Fraud, misrepresentation or false statement made in the course of carrying on his or her business as solicitor or as canvasser;

(C) Any violation of this chapter;

(D) Conviction of any crime or misdemeanor involving moral turpitude; or

(E) Conducting the business of soliciting or of canvassing in any unlawful manner or in a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(Prior Code, § 5.44.110)

(A) Notice of the hearing for revocation of a permit by the Town Council shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing.

(B) The notice shall be mailed, postage prepaid, to the permittee at his or her last-known address at least five days prior to the date set for hearing.

(Prior Code, § 5.44.120)

Any person engaged in soliciting or canvassing who is not required to obtain a solicitor’s permit under the provisions of this chapter may obtain a certificate from the Town Clerk certifying that the person is exempt from the permit requirement, upon the payment of a fee of $1 to the Town Clerk and by filing with the Town Clerk a verified application, in duplicate, on a form to be furnished by the Town Clerk and which shall give the following information:

(A) The name and a description of the applicant;

(B) The permanent home address and full local address of the applicant;

(C) A brief description of the nature of the business and the goods to be sold;

(D) If employed, the name and address of the employer, together with credentials establishing the exact relationship; and

(E) Such other information as, in the discretion of the Town Clerk, is necessary to establish the fact of exemption from the requirements of this chapter.

(Prior Code, § 5.44.130)

Solicitors, peddlers and canvassers required to have a permit shall exhibit such permit at the request of any citizen.

(Prior Code, § 5.44.140)

The Chief of Police shall report to the Town Clerk all convictions for violation of this chapter and the Town Clerk shall maintain a record for each permit issued and record the reports of violation thereon.

(Prior Code, § 5.44.150)

It shall be the duty of the Chief of Police to require any person, who is required to have a permit, seen soliciting or canvassing within the town, to produce his or her permit, and to enforce the provisions of this chapter against any person found to be violating the same.

(Prior Code, § 5.44.160)