(a) Permit Required. No person shall act as a canvasser for charitable or religious purposes or as a door-to-door salesperson in "interstate" commerce in this City without first having registered as such with the Police Department. No license fee shall be required. However, the Police Chief, or his designee, shall issue a permit to each applicant and such permit shall be carried on the person of the registrant at all times when engaged in such canvassing, solicitation or sales and shown on request of any police officer or any person of whom a request for contribution or offer to sell is made. Each canvasser or solicitor shall provide a written receipt and, if applicable, a statement attesting to the organization's exempt status under Section 501 of the Federal Internal Revenue Code if requested to do so by the person making a contribution or purchase. Such receipt shall show the name of the organization, amount of the contribution and the date and shall be signed by the solicitor.
An organization which desires to place a number of canvassers or solicitors for charitable or religious purposes in the City simultaneously may make a group application to cover all of them; however, separate permits shall be issued to each or, in lieu thereof, a separate information card shall be issued to each canvasser or solicitor by the registered organization. Such information card shall include, at a minimum, the name of the registered organization; a description of the purpose of the solicitation; the period for which the registration was issued; the name of the canvasser or solicitor; a brief description of the canvasser or solicitor, such as age, weight and height; the signature of the canvasser or solicitor and the signature of a member of the registered organization.
(b) Permit Application; Contents. Application for all permits shall be made upon a form provided by the Police Department. Each application shall contain, among other information, the name, address and the phone number of the person completing the application; the name, address and telephone number of the organization for which he purports to act; the name of an officer or other official of the organization; the nature of the charitable or religious purpose to which the contributions, donations or sale proceeds will be applied in the case of canvassers for charitable or religious purposes; the nature of the goods or services for which he will take orders in the case of door-to-door salespersons in interstate commerce; the compensation, if any, which he or other canvassers are to receive for their services; and such other information as the Director of Safety may require. The Service-Safety Director shall designate an appropriate fee that will cover all expenses and materials used by City to process this application.
(c) Six Month Limitation. In no case shall any permit for canvassers for charitable or religious purposes or door-to-door salespersons in interstate commerce be valid for more than a six month period. The Permit shall state the expiration date thereof.
(d) Exceptions. The provisions of this section shall not apply to solicitations conducted only among the members of the entity or organization conducting the canvassing or to those in the form of collections or contributions at the regular assemblies, meetings or services of any such established charitable or religious organization.
(e) Permit Revocation. Any permit issued hereunder shall be revoked by the Service-Safety Director if the holder thereof is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the application.
Immediately upon such revocation, written notice thereof shall be given by the Service-Safety Director to the holder of the registration in person or by certified U.S. mail addressed to his or her residence address as set forth in the application. Immediately upon the giving of such notice the license shall become null and void.
(f) Fraudulent Solicitations Prohibited.
(1) No person, canvasser or solicitor shall make or perpetrate any misstatement, deception or fraud in connection with any solicitation of any contribution for any charitable purpose.
(2) No person having entered into an agreement to conduct any solicitation in behalf of any person for any charitable purpose shall fail to remit or pay to the party entitled thereto the process of such solicitation in accordance with the true terms of the agreement.
(g) License Required; Fee - Intrastate Commerce.
(1) No person shall act as a door-to-door salesperson in intrastate commerce, calling at residences or places of business without the invitation or previous consent of the owner(s) or occupant(s) without first having secured from the Police Department a license therefor. The fee for such license shall be as follows:
A. For one day: $ 5.00
B. For one week: 10.00
C. For one year: 25.00
(2) No peddler shall sell or offer for sale in this City any goods, merchandise or services without first having secured from the Police Department a license therefor. The fee for such license shall be as follows:
Nature of Operation | Week | Month | Year |
Truck or other street vehicle | $2.00 | $5.00 | $25.00 |
Push Cart | 1.00 | 3.00 | 15.00 |
Carried door to door | 1.00 | 3.00 | 15.00 |
(3) All fees collected shall be paid into the General Revenue Fund.
(h) License Application: Contents. Application for a license as a door-to-door salesperson in intrastate commerce or as a peddler shall be made upon a form provided by the Police Department. Each application shall contain among other information, the name, address, telephone number, date of birth and social security number of the applicant; the name, address and telephone number of his employer, if any; the nature of the goods or services for which he will take orders or to be offered for sale; the proposed method of operation in the City; and such other information as the Director of Safety may require. A separate license shall be required for each individual salesperson or peddler even though there may be a single employer. No person who has been convicted of a misdemeanor involving moral turpitude or a felony Shall be issued a license as a door-to-door salesperson to intrastate commerce or as a peddler. Each applicant shall submit to fingerprinting for identification purposes.
(i) Hours of Operation. No person shall sell or offer for sale any candy, ice cream, confection or any food or beverage for human consumption from any motor vehicle, vehicle or cart of any kind on any public street, sidewalk or public area in the City, except between the hours of 9:00 a.m. and 9:00 p.m. daily.
(j) Exceptions. No license shall be required of a farmer or producer who is selling the produce of his own farm, or of a bona-fide representative of a charitable, church or religious organization who is selling exclusively books or tracts published by a religious group or other goods or merchandise sold in connection with an appeal to charitable or religious purposes, such latter class of sales being governed by the registration requirements of this section.
(k) Duties of License. No door-to-door salesperson's or peddler's license shall be transferable nor shall it be used by any person other than the licensee. Such license must be exhibited on request to any law enforcement officer or to any prospective customer. No licensee shall wear any part of the uniform of any of the armed forces of the United States while actually engaging in door-to-door sales or peddling.
(l) Investigation: License Revocation.
(1) Upon a written complaint being filed with the Police Division that any door-to-door salesperson in intrastate commerce or any peddler is suffering from a communicable disease or has made himself obnoxious to the public by the use of indecent, profane or insulting language, or the unsanitary condition of his person or clothing, an investigation shall be made, and if such complaint is found to be true, the license of such door-to-door salesperson or peddler shall be revoked by the Director of Service-Safety.
(2) Any license issued hereunder shall be revoked by the Director of Service- Safety if the holder thereof is convicted of violation of any of the provisions of this chapter, or has made a false material statement in the application.
(3) Immediately upon such revocation, written notice thereof shall be given by the Director of Service-Safety to the holder of the license in person or by certified U.S. mail addressed to his or her residence address as set forth in the application. Immediately upon the giving of such notice the license shall become null and void.
(Ord. 44-96. Passed 6-4-96.)