Ontario Municipal Code Art. 7 Solicitors and Canvassers

For the purposes of this article, “solicitor” or “canvasser” shall mean any individual, whether a resident of the City or not, using telephone service or other communication, or traveling 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 the sale of goods, wares, merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, 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.

“Solicitor” or “canvasser” shall include any person who, for himself or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, vehicle, hotel room, lodging house, apartment, shop, or any other place in 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 Chapter 31 of Title 5 of this Municipal Code.

(§ 2, Ord. 1373, eff. November 5, 1959, as amended by § 1, Ord. 1424, eff. March 23, 1961, § 2, Ord. 3123, eff. December 18, 2018)

Any solicitor or canvasser, as defined in § 3-1.701 of this article, who engages in such business within the City without first obtaining a permit therefor in compliance with the provisions of this article shall be guilty of a misdemeanor.

(§ 1, Ord. 1373, eff. November 5, 1959, as amended by § 4, Ord. 2094, eff. August 14, 1980)

Applicants for permits to solicit or canvass shall file with the License Official a sworn application in writing, in duplicate, on a form to be furnished by the License Official, giving the following information:

(a) The full name, permanent home address, and full local address of the applicant;

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

(c) If employed, the name and address of the employer and the name and address of any local or State office or manager, together with credentials establishing the exact relationship:

(d) The length of time for which the right to engage in business is desired;

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

(f) Evidence that the applicant has his photograph and fingerprints on file with the Police Department; and

(g) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal law, the nature of the offense, and the punishment or penalty assessed therefor.

(§ 3, Ord. 1373, eff. November 5, 1959)

At the time of filing such application, a fee in the amount of Ten Dollars ($10.00) shall be paid to the License Official to cover the cost of investigating the facts stated therein. Such administrative fees shall be for services and shall not be returned to the applicant.

(§ 3, Ord. 1373, eff. November 5, 1959)

Upon the receipt of such application, the original shall be referred to the Police Chief who shall cause such investigation of the applicant's business and moral character to be made as the Police Chief deems necessary for the protection of the public welfare.

(§ 4A, Ord. 1373, eff. November 5, 1959)

If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Police Chief shall, within fourteen (14) days, endorse on such application his disapproval and his reasons for the same and shall return the application to the License Official who shall notify the applicant that his application is disapproved and that no permit shall be issued.

(§ 4B, Ord. 1373, eff. November 5, 1959)

(a) Appeals: Filing. Any person aggrieved by the action of the Police Chief or License Official in the denial of a permit, provided in § 3-1.706 of this article, shall have the right of appeal to the Council. Such appeal shall be taken by filing with the Council, within fourteen (14) days after a 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 appeal.

(b) Hearings: Notices. The Council shall set a time and place for hearing such appeal and a notice of such hearing shall be given to the appellant in the same manner as provided in § 3-1.713 of this article for notices of hearings on the revocation of permits.

(c) Hearings: Council action. The decision and order of the Council on such appeal shall be final and conclusive.

(§ 10, Ord. 1373, eff. November 5, 1959)

If as a result of the investigation required by the provisions of § 3-1.705 of this article, the applicant's character and business responsibility are found to be satisfactory, the Police Chief shall, within fourteen (14) days, endorse his approval on the application and return such application to the License Official who shall, upon payment of the prescribed permit fee, deliver to the applicant his permit.

No solicitor's permit shall be issued for more than one person; provided, however, supplementary permits may be issued to additional solicitors who represent an organization currently holding a permit as a solicitor in the City.

(§§ 4C and D, Ord. 1373, eff. November 5, 1959)

The License Official shall issue to each permittee at the time of the delivery of his permit, a permit holder of the proper size to hold the issued permit, together with a photograph at least one and one-fourth inches (1¼") by one and one-fourth inches (1¼") of the applicant taken not more than thirty (30) days prior to his application for a permit. Such permit and holder shall, during the time such permittee is engaged in soliciting, be worn constantly by the permittee on the front of his outer garment in such a way as to be conspicuous.

(§ 6, Ord. 1373, eff. November 5, 1959)

Solicitors and canvassers shall be required to exhibit their permits at the request of any citizen, in addition to wearing them in a conspicuous place.

(§ 7, Ord. 1373, eff. November 5, 1959)

(a) Hearings: Grounds. Permits issued pursuant to the provisions of this article may be revoked by the Council after a hearing following a notice from a court or judge or the Police Chief of any of the following offenses:

(1) Any fraud, misrepresentation, or false statement contained in the application for the permit;

(2) Any fraud, misrepresentation, or false statement made in the course of carrying on his business as a solicitor or canvasser;

(3) Any violation of the provisions of this article;

(4) The conviction of any crime or misdemeanor involving moral turpitude; or

(5) Conducting the business of soliciting or canvassing in an unlawful manner or in such 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.

(b) Hearings: Notices. A notice of the hearing on the revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of such hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last known address at least five (5) days prior to the date set for the hearing.

(§ 7, Ord. 1373, eff. November 5, 1959)

(a) Requirements for issuance. Any charity or welfare organization seeking a special solicitation permit shall comply with the provisions of this subsection. Such organization shall:

(1) Give evidence to the Council or its appointed representatives that the organization is a nonprofit organization so incorporated in the State;

(2) Give evidence that there is a need for the organization to solicit and shall state the purpose and length of time of the solicitation, the number of solicitors, and other necessary information as listed on the application for a special permit;

(3) Fill out an application requesting a special solicitation permit without fee; and

(4) Publish in a local newspaper, before and after the permit is granted, the intent to solicit, stating the area of the City to be solicited.

(b) Issuance for additional workers. The License Department shall provide special supplementary limited permits to permittees for additional workers for qualified charity canvassing for an additional fee of Three Dollars ($3.00) per worker unless such special fee is waived by the Council or its representative.

(§ 5D, Ord. 1373, eff. November 5, 1959)

(a) Where a payment or deposit is demanded in advance of the final delivery of goods or services, the License Official shall require that a cash or surety bond in the sum of Five Hundred and Dollars ($500.00) be furnished by each person engaged in the business of canvassing, soliciting, or taking orders for goods, wares, merchandise, or articles, or for services to be performed, conditioned upon the making of such final delivery of the goods ordered or services to be performed in accordance with the terms of such order, or failing therein that the advance payment on such order shall be refunded.

(b) Any person aggrieved by the action of any such solicitor or canvasser shall have the right of action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in the case of cash deposits, such deposits shall be retained by the City, for a period of ninety (90) days after the expiration of the permit, unless sooner released by action of the Council. The provisions of this subsection shall not apply to any authorized agent or representative of a regularly established business in the City.

(§§ 5A and B, Ord. 1373, eff. November 5, 1959)

It shall be the duty of any police officer of the City to require any person seen soliciting or canvassing, and who is not known by such officer to hold a permit, to produce such person's solicitor's or canvasser's permit and to enforce the provisions of this article against any person found to be violating the same.

(§ 8, Ord. 1373, eff. November 5, 1959)

The provisions of this article shall not apply to commercial travelers or selling agents selling goods, wares, or merchandise to dealers at wholesale for resale purposes, or to persons, firms, or corporations who use the purchased goods, wares, or merchandise in the making of a product to be manufactured in the City, or to any person holding a license pursuant to the provisions of Article 1 and 2 of this chapter, subject to such requirements as the Council may set forth by resolution relating to applications for identification badges and the wearing of such badges.

(§ 2, Ord. 1373, eff. November 5, 1959, as amended by § 1, Ord. 1424, eff. March 23, 1961)