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§ 114.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS SO LICITATION. An attempt by a solicitor, engaging in transactions of the same kind, to sell or distribute for a consideration any goods or services primarily for personal, family or household purposes, when either the solicitor or person acting for him or her contacts the solicitee by telephone or in person, other than at the established place of business of solicitor, except:
      (1)   An attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the business firm or organization he or she represents, and the identity or kinds of goods, services or things of value offered;
      (2)   An attempted solicitation in which the solicitee has first initiated the contact with the solicitor;
      (3)   An attempted solicitation of a newspaper subscription in which the solicitor is a minor child engaged in both the delivery and sale of the newspaper;
      (4)   An attempted solicitation for the sale of products of a farm or garden occupied or cultivated by the solicitor, when facts of the occupancy or cultivation are proven by the solicitor; or
      (5)   An attempted solicitation for an exempt activity as defined in § 114.03.
   CONTRIBUTION SOLICITATION. An attempt by a solicitor to obtain money from a solicitee for any cause or purpose, when either the solicitor or person acting for him or her contacts the solicitee by telephone or in person other than at the established place of meeting, business, service or activity of the organization represented by the solicitor, except:
      (1)   An attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the organization he or she represents, and the identity of the services performed or offered by the organization;
      (2)   An attempted solicitation in which the solicitee has first initiated the contact with the solicitor or the organization represented by him or her; or
      (5)   An attempted solicitation for an exempt activity as defined in § 114.03.
   ESTABLISHED PLACE. Real estate in the city owned, leased on a month to month or term-certain longer than 30 days. The term includes a booth, compartment or area leased or assigned during and for the length of an event or occasion.
   GOODS. Any tangible thing of value including money if the selling price exceeds the face value thereof. The term includes such chattels as are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof whether or not severable therefrom.
   SERVICES. Work, labor or services of any kind.
   SOLICITEE. The person solicited.
   SOLICITOR. Any person making the solicitation, including such common terms as PEDDLER, TRANSIENT MERCHANT and CANVASSER.
(Prior Code, § 6.23) (Ord. 321, Second Series, passed 10-13-2009)
§ 114.03 EXEMPT ACTIVITIES.
   The provisions of §§ 114.04 through 114.06 do not apply to persons selling personal property at wholesale to dealers of such articles, nor to newspersons, nor to the act of merchants or their employees in delivering goods to established customers in the regular course of business, nor to the sale of farm or garden produce by the person producing same, nor to the sale of goods or admissions to events by K-12 students where the proceeds of such sales benefit a program or activity in which the student is involved, nor to the employees of bakery, dairy or grocery delivery services who make an uninvited initiatory visit in an effort to establish a regular route service for future delivery of perishables nor to lawful religious or political activities. All persons described in this section shall comply with the provisions of this section even if they are exempt from the requirements of §§ 114.04 through 114.06.
(Ord. 321, Second Series, passed 10-13-2009)
§ 114.04 PROHIBITED SOLICITATION PRACTICES.
   (A)   It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity.
   (B)   It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit or menacing, troublesome or otherwise unlawful activities during the course of solicitation.
   (C)   It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at the entrance a sign at least three and three-fourths inches long and three and three-fourths inches high with the words “Peddlers and Solicitors Prohibited” or “Solicitors Prohibited” in type not smaller than 48 point.
   (D)   It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, lessee or person in charge thereof.
   (E)   It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration, as herein provided.
   (F)   It is unlawful for any person to engage in business solicitation without a license, as herein provided.
   (G)   It is unlawful for any solicitor to conduct business before 9:00 a.m. or later than 8:00 p.m.
   (H)   It is unlawful for any solicitor to walk on or about any side or rear yard or attempt to make contact at any point other than the main point of entrance or front door of a residence.
(Prior Code, § 6.23) (Ord. 321, Second Series, passed 10-13-2009) Penalty, see § 10.99
§ 114.05 APPLICATION.
   Applications for licensing or registration shall contain the name and address of the solicitor, the name and address of the business or organization for which solicitations are sought and other information as may reasonably be required by the Council as a condition to registration or licensing or to permit investigation into the applicant’s background and past solicitation practices. No application for a business solicitor’s license shall be complete unless it is accompanied by a valid and current license issued by the County in which the solicitor proposes to engage in solicitation.
(Prior Code, § 6.23) (Ord. 321, Second Series, passed 10-13-2009)
§ 114.06 INVESTIGATION, APPROVAL OR DISAPPROVAL.
   (A)   All applications for licensing or registration shall be immediately referred to the Chief of Police and by him or her or other person acting in his or her stead, investigated as to the truth thereof. The Chief of Police shall have five business days within which to investigate and make a recommendation thereon.
   (B)   If he or she finds no past history of the applicant indicating violations similar to those declared unlawful in this section, he or she shall recommend issuing a license or approving registration, as the case may be, and the City Administrator shall forthwith advise the applicant. The City Administrator shall issue a license, upon payment of the fee therefor, to the approved applicant for business solicitation, and shall approve the completion of registration by the applicant for a contribution solicitor.
   (C)   If the Chief of Police finds a past history of the applicant indicating violations similar to those declared unlawful in this section, he or she shall recommend denial of the license or registration. In all matters of recommended denial, the applicant shall be forthwith advised thereof and the application shall be referred to the Council and considered by it at its next regular or special meeting occurring more than ten days thereafter. The applicant shall be afforded an opportunity to be heard at the meeting.
(Prior Code, § 6.23) (Ord. 321, Second Series, passed 10-13-2009)
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