Chapter 5.24 — PEDDLERS; SOLICITORS

Section 5.24.010 Definitions. 5.24.020 Compliance required. 5.24.030 Registration—Form. 5.24.040 Fingerprints. 5.24.050 License prerequisite. 5.24.060 Annual registration. 5.24.070 Issuance—Form of permit. 5.24.080 License required. 5.24.090 Issuance of license—Prerequisites. 5.24.100 Exemptions enumerated.

5.24.110 Licenses to employees of exempted employer. 5.24.120 Carrying, display of license. 5.24.130 Carrying, display of permit. 5.24.140 Transfer, misuse of license, permit. 5.24.150 Grounds for revocation of license. 5.24.160 Notice of hearing. 5.24.170 Appeal to Council. 5.24.180 New license after revocation. 5.24.190 Hours for peddling, soliciting. 5.24.200 Peddling, soliciting at posted premises. 5.24.210 Misrepresentations. 5.24.220 Tag in vehicle. 5.24.230 Sales at city parades prohibited.

The following terms shall have the meanings herein ascribed to them. PEDDLE. To sell and make immediate delivery, or offer for sale and immediate delivery, any goods, wares or merchandise in possession of the seller, at any place within the city other than from a fixed place of business. PEDDLER. Any person who peddles, as herein defined. SOLICIT. To sell to take orders or offer for sale or take orders for goods, wares or merchandise, for future delivery, or for service to be performed, at any place within the city other that a fixed place of business. SOLICITOR. Any person who solicits, as herein defined. (1995 Code, § 5.24.010)

No person shall peddle or solicit without first having complied with the provisions of this chapter. (1995 Code, § 5.24.020)

Every person who desires to peddle or solicit shall register, in a registration book provided for that purpose in the Police Department, his or her name and address, the name and address of the person whom he or she represents, the names and addresses of at least two references as to his or her moral character, honest and integrity, a brief description of the nature of the business in which he or she is engaged, and the kind of goods or property to be peddled or solicited for, if any. (1995 Code, § 5.24.030)

The person shall furnish his or her fingerprints and thumbprints, to be taken by the Police Department. (1995 Code, § 5.24.040)

No person shall be registered, and no permit shall be issued, except such person exhibiting a valid license for peddling or soliciting, or a clearance from the License Collector stating that no license is required. (1995 Code, § 5.24.050)

The registration shall be valid for a period of one year; and the person must register at the end of each year period. (1995 Code, § 5.24.060)

As evidence of compliance with the provisions of this chapter, the Police Department shall issue to each person who complies a permit which shall show the name and address of the person, the name of the person he or she represents or by whom he or she is employed, if any, and the kind of goods or property to be peddled or solicited for. (1995 Code, § 5.24.070)

No person shall peddle or solicit without having an unrevoked license from the city so to do valid and in effect at the time. (1995 Code, § 5.24.080)

Licenses shall be issued by the License Collector upon the applicant’s complying with the following provisions: (A) Name, address. Giving his or her name and present address; (B) Kind of business, goods. Giving a brief description of the nature of the business and the kinds of goods or property to be peddled or solicited; (C) Payment of fee. Paying the license fee required by Chapter 5.04 of this title for the license; and (D) Employment. Giving the name and address of the licensed employer and exhibiting credentials showing he or she is an authorized employee or representative of the licensed employer, in the event the application is for an employee’s license. (1995 Code, § 5.24.090)

The license requirements of this chapter shall not apply to the following: (A) Sale by producer. Any person soliciting or peddling anything which the person has personally manufactured or produced and this exemption shall apply only to natural persons; (B) Farmer’s sale. Any farmer, poultryperson or horticulturist soliciting or peddling his or her own produce and, this exemption shall apply only to natural persons and shall not apply to farmers, poultrymen or horticulturists who buy goods for resale, as well as selling their own produce; (C) Soliciting for services. Any person soliciting for personal services to be performed by the person so soliciting and this exemption shall apply only to natural persons; (D) Papers, dairy products. The provisions of this chapter shall not apply to peddling or soliciting newspapers, periodicals, ice, milk, cream, ice cream, butter, eggs, cottage cheese or any dairy product; and (E) Wholesalers, manufactures, public works. The provisions of this chapter shall not apply to salespersons or agents for wholesale houses or firms 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. (1995 Code, § 5.24.100)

No employee’s license shall be issued under the provisions of this chapter to any employee of any solicitor or peddler exempted from the payment of a license fee by the foregoing provisions of this chapter. (1995 Code, § 5.24.110)

Every solicitor or peddler licensed under this chapter shall have his or her license in his or her immediate possession at all times when peddling of soliciting, and when so peddling or soliciting shall display the same upon demand of any police officer of the city and upon demand of any police officer of the city and upon demand of any person to whom he or she is peddling or soliciting. (1995 Code, § 5.24.120)

Every solicitor or peddler at all times while engaged in peddling or soliciting shall have in his or her immediate possession

the permit issued to him or her under the provisions of § 5.24.070 and when so peddling or soliciting shall display the same upon demand of any police officer and upon the demand of any person to whom he or she is peddling or soliciting. (1995 Code, § 5.24.130)

Licenses and permits issued pursuant to this chapter shall not be assigned of transferred; nor shall they be used by any person other that the person to whom they were issued, except as herein provided. No person shall transfer, loan or permit the use of his license or permit by any other person, except as herein provided. Where a person who is not himself or herself soliciting or peddling, has taken out a license for bona fide employees, and the licenses are issued in the name of the employer and the employee, the license may be transferred subject to the following conditions: (A) Presentation of license, permit. The license and the permit must be presented to the License Collector; (B) Cancellation of permit. The permit is to be retained by the License Collector and canceled; (C) Notation on license. A notation must be made upon the license to indicate its transfer from one employee to another; and (D) Registration by new employee. The new employee must comply with the provisions of § 5.24.030. (1995 Code, § 5.24.140)

Licenses issued pursuant to this chapter may be revoked by the Manager, after notice and hearing, for any of the following causes: (A) False application. Fraud, misrepresentation of any false statement contained in the application for license; (B) False information. Fraud, misrepresentation, or any false statement made to the Police Department in furnishing the information required by § 5.24.030; (C) Violation of chapter. Any violation of this chapter; (D) Criminal conviction. Conviction of the licensee of any felony or crime involving moral turpitude; and (E) Improper peddling, soliciting. Conducting the soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace of to be a menace to the health, safety or general welfare of the people of the city. (1995 Code, § 5.24.150)

Notice of the hearing for revocation of a license shall be given in writing, stating the grounds of the complaint and the time and place or hearing. The notice shall be mailed, postage prepaid, to the license at the address given on the application for the license, at least five days prior to the date set for the hearing. (1995 Code, § 5.24.160)

Any person aggrieved by the decision of the Manager shall have the right to appeal to the Council. The appeal shall be taken by filing with the Clerk a written statement of the grounds for the appeal within 14 days after notice of the decision by the Manager has been given. The Council shall set the time and place for hearing the appeal, and notice of the time and place shall be given by the Clerk in the manner hereinbefore provided for notice of hearing of revocation by the Manager. (1995 Code, § 5.24.170)

No license shall be issued to any person who has had a license revoked pursuant to this chapter, except upon the applicant’s applying to the Council and the Council’s authorizing the issuance of the license. (1995 Code, § 5.24.180)

No person shall peddle or solicit before the hour of 8:00 a.m. of any day or after the hour of 7:00 p.m. of any day. (1995 Code, § 5.24.190)

No peddler or solicitor or any person pretending to be a peddler or solicitor shall, for the purpose of peddling or soliciting or pretending to peddle or solicit, ring the bell or knock at any building whereon there is painted affixed or otherwise displayed to the public view any sign containing any or all of the following words: “No Peddlers”, “No Solicitors” or “No Agents” or which otherwise purports to prohibit peddling or soliciting on the premises. (1995 Code, § 5.24.200)

No peddler or solicitor shall represent by words, writing or action that he or she is some other peddler or solicitor, that he or she is a partner, employee or agent of any peddler or solicitor when in fact he or she is not the partner, agent or employee of the peddler or solicitor, or that he or she is the employee, representative, agent or partner or any person when in fact he or she is not the employee, representative, agent or partner of the person. (1995 Code, § 5.24.210)

Every vehicle used for peddling or soliciting shall have attached thereto on the outside right-hand side or in plain sight in the driver’s compartment of the vehicle a metal tag to be furnished by the License Collector. (1995 Code, § 5.24.220)

The city has determined that vending at city-approved parades poses and constitutes a menace to the health, safety and general welfare of the citizens of the city in that traffic generated thereby upon city streets and sidewalks becomes unnecessarily congested due to activities and sales by vendors during the course of city-approved parades, posing a great health and safety problem. Accordingly, all sales activities by itinerant vendors is hereby prohibited at city approved parades. Under this section, ITINERANT VENDOR shall mean and include all persons, both principal and agent who engage in a temporary or transient business selling or offering to sell goods, wares or merchandise, or any other thing of value with the intention of conducting such business during and upon the course of a parade held in the city. (1995 Code, § 5.24.230) (Ord. 98-1819, passed 4-7-1998)