CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\ARTICLE 2. SOLICITORS

For the purpose of this article, the following words shall be considered to have the following meanings:

(a)   "Solicitation activities" means the practices of solicitors as listed in subsection (b)(1) and (b)(2) of this section.

(b)   "Solicitor" means any person, whether a resident of the city or not, including an employee or agent of another, traveling either by foot, automobile, truck, or some other type of conveyance, who engages in the practice of going door-to-door, house-to-house, or along any streets within the city:

(1)   Selling or taking orders for or offering to sell or take orders for goods, merchandise, wares, or other items of value for further delivery, or services to be performed in the future, for commercial purposes; or

(2)   Requesting contribution of funds, property, or anything of value, or the pledge of any type of future donation, or selling or offering for sale any type of property, including but not limited to goods, tickets, books and pamphlets, for political, charitable, religious, or other noncommercial purposes.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

It is unlawful for any solicitor to engage in solicitation activities in the city without first obtaining a license from the city.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

Minors under the age of eighteen who participate in solicitation activities are exempt from the licensing and bonding requirements of this article except when they are acting as agents of adults covered by this article.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

Applicants for a license shall complete and return to the city clerk, not fewer than ten days in advance of the date upon which the applicant wishes to commence solicitations within the city, an application form furnished by the city which shall require the following information:

(a)   Name, social security number, permanent address and telephone number, and temporary address and telephone number of the applicant;

(b)   The make, model and license number of any vehicles to be used by the applicant;

(c)   The place where the applicant may be contacted for at least seven days after leaving the city;

(d)   Name, address and telephone number of the person or organization the applicant represents or is employed by, (if applicable);

(e)   Name and title of an officer of such organization who can verify the authority of the applicant to represent the organization;

(f)   The name of the three previous cities where applicant (or the organization represented) conducted similar solicitations (if applicable);

(g)   A statement as to whether or not applicant has been convicted, pled guilty or pled nolo contendere to any crime or any ordinance violation involving moral turpitude within the preceding five years and the place and nature thereof;

(h)   A statement as to whether or not the applicant (and/or represented organization, if applicable) has (1) engaged in solicitations of a similar nature in the city before, and if so (2) whether any license issued by the city has ever been revoked;

(i)    The nature of the solicitations to be conducted and a brief description of any goods or services offered;

(j)    The proposed method of delivery of goods or services, if applicable;

(k)   The period of time during which solicitations will be conducted within the city;

(l)    A statement that the registration does not represent, and will not be used by the applicant as an endorsement of the solicitor's product, service or cause by the city.

All statements made by the applicant upon the application or in connection therewith shall be under oath.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

Each applicant shall present to the city clerk for examination:

(a)   A driver's license or some other proof of identity providing equivalent information;

(b)   Any certificates, licenses or other authorizations as may be required by the city, state or other regulatory bodies applicable to the applicant's proposed solicitation activity.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

At the time the application is submitted, a fee of twenty-five dollars shall be paid to the city clerk to partially defray the cost of processing the application and issuing the license. This fee is not refundable if the registration is refused for any reason noted in Section 5-207 or if the applicant withdraws the application at any time after the close of business on the day during which it was submitted. Provided, however, that no fee shall be charged to any charitable organization.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

(a)   Upon receipt of an application, the city clerk shall refer it as soon as possible to the chief of police who shall make and complete an investigation of the information contained in the application.

(b)   The city clerk shall refuse to issue a license to the applicant if it is determined, pursuant to the chief of police's investigation that: (1) the application is incomplete or contains false data; (2) the applicant was convicted of a crime, statutory violation or an ordinance violation involving moral turpitude within the preceding five years; or (3) the applicant failed to comply with any applicable provision of Sections 5-204 or 5-205.

(c)   Absent a cause to refuse to license in accordance with subsection (b), the city clerk shall issue a license to the applicant upon receipt of the licensing fee hereinafter provided. The city clerk shall maintain an accurate record of every application received and acted upon together with all other information and data pertaining to the application and all licenses issued and applications refused.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

An applicant for a license under this article shall pay a license fee of five dollars per solicitor per day. Provided, however, that no fee shall be charged to any charitable organization.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

Any person aggrieved or damaged by the action of a solicitor shall have the right to action on the bond for recovery of money or damages or both.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

(a)   The license issued to a solicitor shall be carried with the solicitor while he or she is engaged in the business of soliciting.

(b)   In addition to the license, the city shall issue an identification badge to every solicitor. Solicitors shall wear their badges in such a way that the badges may be easily read while doing business. If a badge becomes damaged or obscured, the solicitor shall return it to the city and receive another badge.

(c)   License and identification badges shall be used only by the person to whom they were issued and may not be transferred to any other person.

(d)   Members of any charitable organization shall not be required to carry a license or display an identification badge if each member shall be dressed in a manner which will easily identify the charitable organization represented by such member.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

The following regulations apply to solicitors engaged in solicitation activities in the city:

(a)   Solicitors shall be allowed to conduct solicitation activities only between the hours of nine a.m. and nine p.m.

(b)   No solicitor shall engage in solicitation activities regulated under this article on public property without first procuring special authorization from the city council. Such authorization shall be withheld only when failure to do so would harm a compelling interest of the city.

(c)   No person shall engage in business as a solicitor in defiance of any notice exhibited by a residence or business indicating that solicitors are not welcome or not invited.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

(a)   Any license issued under this article may be suspended or revoked for any of the following reasons:

(1)   Fraud or misrepresentation in the application for a license;

(2)   Fraud or misrepresentation in the course of conducting solicitation activities;

(3)   Conducting solicitation activities contrary to the conditions of the license;

(4)   Conducting solicitation activities in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare.

(b)   Upon suspension or revocation, the city shall deliver written notice to the license holder stating the action taken and the reasons supporting such action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing a written notice of appeal with the city. The appeal must be filed within ten days after receipt of the notice of denial, suspension, or revocation. The city council shall hear and determine the appeal and the decision of the council shall be final.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

Licenses may be renewed, provided an application for renewal and license fees are received by the city no later than the expiration date of the current license. Applications received after that date shall be processed as new applications. The city shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this article. If the city finds that the application meets such requirements, the city shall issue a new license.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)

Any person who violates any provision of this article shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed thirty days, or both.

(Code 1974, Chapter 5.06; Ord. 833; Code 2014)