Article XV — SOLICITORS AND CANVASSERS

For the purposes of this article, the term "canvasser" or "solicitor" is defined as any individual, whether a resident of the city or not, 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, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, whether or not such individual has,

carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodginghouse, apartment, shop, or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. Such definition shall not include solicitors or canvassers taking orders or displaying merchandise exclusively from a public sidewalk or public pedestrian path in compliance with article XVII of this chapter.

(Code 1968, § 20-15; Ord. No. 1037, § 4(20-15), 11-19-91; Ord. No. 1789, § 3, 2-12-19)

Cross reference— Definitions and rules of construction generally, § 1-2.

It shall be the duty of any empowered officer of the city to require any person seen soliciting or canvassing to produce his solicitor's or canvasser's license, and to enforce the provisions of this article against any person violating this article.

(Code 1968, § 20-25; Ord. No. 1037, § 4(20-25), 11-19-91)

The safety chief administrator, or the appropriate city personnel, shall report to the license collector all convictions for violation of this article, and the license collector shall maintain a record for each license issued and record the report of violation therein.

(Code 1968, § 20-24; Ord. No. 1037, § 4(20-24), 11-19-91; Ord. No. 1086, § 23, 8-17-93)

Secs. 15-744—15-770. - Reserved.

It shall be unlawful for any solicitor or canvasser to engage in such business within the city without first obtaining a license therefor in compliance with the provisions of this division.

(Ord. No. 1037, § 4(20-16), 11-19-91)

(a)

Applicants for a license under this division shall file with the license collector a sworn application in writing, in duplicate, on a form to be furnished by the license collector, which shall give the following information and any other such information as the license collector may deem necessary:

(1)

The name and description of the applicant.

(2)

The 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 employers, 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)

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.

(b)

At the time of filing the application, a fee shall be paid to the license collector to cover the cost of the investigation.

(Ord. No. 1037, § 4(20-17), 11-19-91)

(a)

The license fee for solicitors shall be fixed as follows:

(b)

None of the license fees provided for in this section 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 may apply to the license collector for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license fees. The applicant shall by affidavit and supporting testimony show his method of business, the gross volume or estimated gross volume of business, and such other information as the license collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The license collector shall then conduct an investigation, comparing the applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this division is unfair, unreasonable or discriminatory as to the applicant's business and shall fix as the license fee an amount that is fair, reasonable, and nondiscriminatory; or, if the fee has already been paid, shall order a refund of the amount over and above the amount so fixed. The license collector shall have the power to base the fee assessed on gross sales volume. The license collector may require the applicant to submit either at the time of termination of business within the city, or at the end of each three-month period, a sworn statement of the gross sales and pay any additional amount of license fee thereof.

(Code 1968, § 20-19; Ord. No. 1037, § 4(20-19), 11-19-91)

Cross reference— License tax for specific businesses, § 15-42.

(a)

Upon receipt of such application, the original shall be referred to the safety chief administrator, or the appropriate city personnel, 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 good.

(b)

If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the safety chief administrator, or the appropriate city personnel, shall endorse on such application his disapproval and his reasons for disapproval and return the application to the license collector, who shall notify the applicant that his license has been disapproved and that no license shall be issued.

(c)

If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the safety chief administrator, or the appropriate city personnel, shall endorse on the application his approval, and return the application to the license collector, who shall issue a license to the applicant. Such license shall show the name and address of the licensee, the class of license issued and the kind of goods to be sold under such license, the expiration date of the license, as well as the license number and any other identifying description as may be deemed necessary. The license collector shall keep a permanent record of all licenses issued.

(Code 1968, § 20-18; Ord. No. 1037, § 4(20-18), 11-19-91; Ord. No. 1086, § 24, 8-17-93)

Solicitors and canvassers shall exhibit their licenses at the request of any citizen.

(Code 1968, § 20-20; Ord. No. 1037, § 4(20-20), 11-19-91)

All licenses under the provisions of this division shall be issued on an annual basis. The license period will begin the first day of the month business commences and shall expire the last calendar day of the following 12-month period.

(Code 1968, § 20-21; Ord. No. 1037, § 4(20-21), 11-19-91)

(a)

Licenses issued under the provisions of this division may be revoked by the chief of police after notice and hearing, for any of the following causes:

(1)

Fraud, misrepresentation, or false statement contained in the application for the license.

(2)

Fraud, misrepresentation or false statement made in the course of carrying on the person's business as a solicitor or a canvasser.

(3)

Any violation of this division.

(4)

Conviction of any crime or misdemeanor involving moral turpitude.

(5)

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

(b)

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

(Code 1968, § 20-22; Ord. No. 1037, § 4(20-22), 11-19-91)

Any person aggrieved by the action of the chief of police or the license collector in the denial of an application for a license or for revocation of a license, as provided in this division, shall have the right of appeal to the city manager or his/her designee. 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 for the appeal. The city manager or his/her designee shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in section 15-777 for notice of hearing on revocation. The city manager's determination shall be the final administrative decision of the city.

(Code 1968, § 20-23; Ord. No. 1037, § 4(20-23), 11-19-91; Ord. No. 1757, § 7, 2-14-17)

Secs. 15-779—15-815. - Reserved.