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No person shall peddle or solicit within Archbold without first registering with the Police Department. A separate registration must be made for every peddler, solicitor, agent or employee soliciting within Archbold. A non-refundable fee of $30 is charged for each license for all persons soliciting. Each registration permit shall be specific to the individual registering, and shall be non-transferrable. Each permit shall expire 90 days from the date of issuance.
(Ord. 2021-35, passed 4-5-2021) Penalty, see § 111.99
Each peddler or solicitor shall, prior to the time of commencement of solicitation furnish the Division of Police with the following information on forms provided by Archbold:
(A) Name and date of birth of applicant;
(B) Complete permanent and local address of applicant, phone number and email address;
(C) Name and address of the person, firm, corporation or association for whom the solicitation is being made together with credentials establishing the exact relationship;
(D) A description of the nature of the business and the goods, services or wares to be sold or otherwise sufficient to identify the subject matter of the soliciting in which the applicant will engage;
(E) The proposed dates and times of the solicitation and the routes to be followed in conducting same;
(F) The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within Archbold and the number on the applicant's driver's license and state of issuance;
(G) The applicant's social security number, and a recent 2" x 2" photograph of the applicant showing the head and shoulders of the applicant in a clear and distinguishing manner;
(H) Evidence will be provided by the applicant as to their good character and business responsibility that will enable an investigator to evaluate the applicant. Such evidence may include but not be limited to: Proof of liability insurance; current background checks; both state and federal issued background checks. The Police Department may conduct background checks to verify.
(I) Applications shall be made at least three business days before the license is issued to allow time to complete an evaluation by the Police Department.
(J) Such information shall only be valid for six months from the date of its furnishing to the Division of Police.
(Ord. 2021-35, passed 4-5-2021)
Any person who has applied for a license or registration certificate in accordance with this chapter and to whom the Police Chief or his or her designee has, after an investigation, denied a license or registration certificate, may appeal the decision to the Village Administrator. Such appeal shall be considered by the Village Administrator within five days, and the Village Administrator's decision shall be final.
(Ord. 2021-35, passed 4-5-2021)
Any license issued pursuant to the provisions of this chapter shall be revoked by the Village Administrator upon violation by the peddler or solicitor of:
(A) Any provision of this chapter;
(B) Any applicable ordinance of the village or any state or federal criminal law;
(C) The licensee has made one or more material misrepresentations of fact within the application;
(D) The licensee has altered the information set forth on the face of the license or has used the license with knowledge that it has been altered;
(E) The licensee has permitted another to use the license;
(F) The licensee has entered upon the premises of a residence for the purpose of proposing a commercial transaction at hours other than those permitted by the express terms of the license;
(G) The licensee has failed or refused to exhibit the license to a law enforcement officer or at any time when requested while license is engaged in door-to-door solicitations.
(H) In the case of revocation, no fee will be refunded.
(Ord. 2021-35, passed 4-5-2021)
Every person to whom this chapter applies shall be governed by the following rules and regulations:
(A) All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place on the premises.
(B) No person subject to the provisions of this chapter shall peddle or solicit, except between the hours of 9:00 a.m. and 9:00 p.m. Eastern Standard Time or Eastern Daylight Time, or on Sundays and/or federal holidays.
(C) No peddler or solicitor shall enter or attempt to enter the house, apartment, or other dwelling unit of any resident in Archbold without an express invitation from the occupant of the house or apartment.
(D) No person subject to the terms of this chapter shall make any false, fraudulent, misleading or deceptive statement during the course of that person's soliciting activity within Archbold.
(E) No person subject to this chapter shall make any solicitation where peddlers or solicitors are notified by a sign that soliciting is prohibited as provided in § 111.06.
(F) No peddler or solicitor shall engage in or transact any type of business or solicitation other than that specified on the registration form.
(G) No peddler, solicitor and canvasser shall solicit or peddle in roadways or public rights-of-ways.
(H) Peddler, solicitors and canvasser are required to display their license issued by the Police Department in a conspicuous manner; either attached to their person, or carried with them. A peddler or solicitor shall produce the license for inspection whenever requested by an officer or citizen.
(I) No person shall sell or offer for sale goods outdoors (open-air), on or upon occupied or unoccupied private property, without the proper license and without submitting, with the application for a license, a written and notarized statement of authorization from the owner of the property where the sales are to take place and only if such activity is not in violation with any provision of the Village Codified Ordinances.
(J) It shall be the duty of any Archbold police officer to require any person seen soliciting or canvassing to be duly licensed and to enforce the provisions of this chapter against any person found to be violating the same.
(Ord. 2021-35, passed 4-5-2021) Penalty, see § 111.99
All orders taken by solicitors wherein payment or deposit is made in advance of delivery shall be in writing in duplicate, stating the terms thereof, and the amount in advance. One copy shall be given to the purchaser at the time of the solicitation.
(Ord. 2021-35, passed 4-5-2021) Penalty, see § 111.99
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