Hillsborough Municipal Code Ch. 5.20 Solicitors and Peddlers

A. Subject to the provisions of subsections B through E of this section, as used in this chapter, the term "soliciting" shall include, but not be limited to, the advance selling or presentation of any trade, service, system, merchandise, product or wares, and "peddling" shall include the above, as well as the delivery or sale from door to door of any product or service.

B. Activities subject to the provisions of Chapter 5.16 shall not be deemed "soliciting" or "peddling" for the purposes of this chapter and shall not be subject to the provisions of this chapter.

C. The distribution free of charge of informational, noncommercial printed matter (such as community information, religious pamphlets, political leaflets, and material advocating for a particular cause) and/or the presentation of such information orally and free of charge shall not be deemed "soliciting" or "peddling" for the purposes of this chapter and shall not be subject to the provisions of this chapter.

D. The delivery of newspapers, either free or pursuant to a pre-existing subscription, and the delivery of telephone books, either free or pursuant to a pre-existing service relationship, shall not be deemed "soliciting" or "peddling" for the purposes of this chapter and shall not be subject to the provisions of this chapter.

E. Individuals who have obtained a permit under this chapter and who conduct no activities within the town other than those subject to such permit shall not be required to obtain a business license under Chapter 5.04.

(Ord. 654 § 7, 2004; Ord. 590 §§ 1, 2, 1999; prior code § 50.8.36)

Every individual desiring to conduct or engage in soliciting or peddling in the town ("applicant") shall first obtain permission to do so from the town's police department. The applicant shall complete the application for solicitor's permit on the form provided by the town and shall be subject to the administrative rules set forth in the information sheet accompanying the application form, which rules shall be established by the police department.

(Ord. 590 § 3, 1999)

A. Each application filed pursuant to Section 5.20.020 shall be submitted to the chief of police, who shall cause an investigation to be made of the applicant's business and moral character to the extent the chief deems necessary for protection and public safety.

B. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory or open to serious question, the chief of police shall endorse on the application form the chief's findings and recommendations for disapproval and shall cause the applicant to be notified that permission to solicit or peddle in the town is denied.

C. If, as a result of such investigation, the applicant's character and business responsibility are found to the satisfactory, the chief of police shall endorse approval on the application form and shall cause the applicant to be notified that permission to solicit or peddle in the town is granted.

D. Every person soliciting or peddling in the town, pursuant to permission granted under this chapter, shall wear photo identification affixed to the outside of the wearer's clothing so that it is legible and visible by any person who is approached. Such identification shall include the name and title of the person wearing the identification, plus the name and address of the organization to which permission was granted under this chapter and on whose behalf the solicitation is being made.

(Ord. 590 § 4, 1999: prior code § 50.8.16)

Each applicant desiring permission to engage in soliciting and peddling shall pay such fees as necessary to cover the town's cost of making the required investigation and issuing permission. The fees shall be in the amounts set from time to time by the city council by resolution.

(Ord. 590 § 5, 1999: prior code § 50.8.20)

Any applicant denied a permit to engage in soliciting or peddling due to an unsatisfactory report or failure to qualify under provisions of this chapter shall have the right to appeal from any ruling of the chief of police or collector of licenses and permits, first to the city manager, who may review the facts of any investigation, and second, to the city council. Any decision by the city council shall be final in respect to any single applicant's qualifications to obtain a permit to solicit and/or peddle in the town.

(Ord. 590 § 6, 1999; prior code § 50.8.32)

Unless specifically authorized by the city council, no more than two solicitors shall engage in soliciting and peddling at any one time for any permittee hereunder.

(Prior code § 50.8.24)

Upon the filing of a written complaint with the police department, or upon the police chief's own initiative, if it is found that any applicant has misrepresented any fact or made any untrue statement in connection with the application of a permit under this chapter or is violating any condition of the permit, the police chief may suspend or revoke the permit.

(Ord. 590 § 7, 1999)