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(A) The Town may establish a no-solicitation list allowing any owner or lawful occupant of any residence within the Town to prohibit solicitation at said residence by registering the address with the Town. Such registration shall take effect as soon as it is noted on the Town’s no-solicitation list.
(B) If the Town establishes a no-solicitation list, the Town shall maintain and publish on the Town’s website and have available at the office of the Town Clerk such no-solicitation list consisting of all addresses that have been registered thereon.
(1) Such list shall be made available without charge to any person requesting same. No person shall be required to provide identification as a condition of obtaining a copy of such list.
(2) The Town will make the necessary arrangements to periodically update the no-solicitation list.
(3) Each address appearing on the no-solicitation list will remain on the list until removed by the occupant.
(C) Each permit holder shall be responsible for obtaining and reviewing a copy of the no-solicitation list immediately upon issuance of a permit under this chapter and at such intervals thereafter as may be reasonably necessary to ensure compliance with the requirements of division (D) of this section.
(D) As of the effective date of the registration of a residential address under division (A) of this section, door-to-door solicitation at such address shall be prohibited until such time, if at all, that the address has been deleted from the no-solicitation list.
(E) Neither the Town nor any of its officers, employees, agents or authorized volunteers shall be liable to any person for any injuries, damages or liabilities of any kind arising from or relating to any errors or omissions that may occur in compiling or maintaining the no-solicitation list.
(Ord. 2015-14, passed 8-10-15)
(A) No person shall engage in door-to-door commercial solicitation within the Town without first obtaining a permit and identification badge from the Town Clerk and paying all applicable fees as provided in this chapter.
(B) It shall be the sole responsibility of the permit holder to:
(1) Provide a copy of the permit to each person authorized to engage in solicitation under the permit;
(2) Ensure that each person authorized to solicit under the permit complies with the terms and conditions of the permit and with the provisions of this chapter;
(3) Notify the clerk in writing of any persons to be added to or deleted from the list of authorized solicitors or any changes in employment; and
(Ord. 2015-14, passed 8-10-15) Penalty, see § 110.99
(A) Each person applying for a door-to-door commercial solicitation permit shall file with the Town Clerk an affidavit on a form supplied by the Town Clerk stating the following information, as applicable:
(1) The full name, business address, business telephone number, email address, and website of the applicant;
(2) Information regarding the business as required by the Town Clerk, including, without limitation, its federal tax identification number, its legal status and proof of registration with, or a certificate of good standing from, the Tennessee Secretary of State, and, if different from its business address, the address at which it may be provided notice under this chapter;
(3) A complete list of all persons to be authorized to solicit under the permit and all supervising staff;
(4) For each person authorized to solicit under a permit and all supervising staff, the following information:
(a) Full name, address, telephone number, email address, date of birth and social security number;
(b) A description of the individual including height, weight, color of eyes and color of hair;
(c) The number and state of issuance of the individual’s driver’s license, state identification card, passport, or other government-issued identification card;
(d) The motor vehicle make, model, year, color, and state license plate number of any vehicle which will be used by such person;
(e) A statement certifying that the person is not prohibited from commercial solicitation under § 110.40 of this chapter as determined by a criminal background check or any other information reasonably available to the employer concerning the criminal record of such individual; and
(f) Any other identifying information as may be required by the Town Clerk to ensure or verify compliance with this chapter.
(5) A statement certifying that the business has not engaged in unlawful solicitation in the last three cities or towns, if that many, where the applicant carried on business immediately preceding the date of the application and, if available, records from such cities or towns demonstrating the same.
(6) A brief explanation of the nature of the solicitation activity that requires a permit under this Chapter, including the type of the goods, wares, merchandise, and/or services to be offered to the consumer;
(7) The length of time for which the right to do business in the Town is desired;
(8) If the applicant is a foreign corporation or an employee of such corporation, the name, address and telephone number of an agent for process residing in the state;
(9) Proof that the applicant has obtained a valid business tax license issued by the Town; and
(10) Any other information determined to be relevant by the Town Clerk.
(B) At the time of application, each applicant shall pay a fee in an amount sufficient to defray the costs incurred by the Town in processing the application, plus an additional fee to defray the costs of preparing and issuing an identification badge for each person to be authorized to solicit under the permit, including the applicant. Such fees shall be established by the Board of Mayor and Alderman prior to becoming effective.
(Ord. 2015-14, passed 8-10-15)
(A) Upon receipt of a complete application and all applicable fees, the Clerk shall immediately refer the application to the Chief of Police who shall investigate the applicant and return the application along with a report of such investigation to the Clerk.
(B) All applicants shall undergo a criminal background check as part of the determination of permit eligibility.
(C) The Town Clerk shall, following the receipt of a complete application for a permit under this Chapter, issue such permit, together with identification badges for all persons authorized to engage in door-to-door commercial solicitation under the permit, unless the Town Clerk determines that the permit application is denied under the criteria stated in § 110.41 of this chapter.
(D) All permits shall be issued in the name of the applicant. A permit may be issued to an individual or an employer. Upon issuance of each permit, the Town Clerk shall create and maintain a list of all persons authorized to engage in door-to-door commercial solicitation under the permit.
(E) The identification badges shall contain a photograph of the solicitor, bear the words “Permitted Solicitor,” include the names of the solicitor and the employer the solicitor represents, the name of the permit holder (if different), the permit number, and the expiration date of the permit.
(F) Subsequent to the issuance of any permit, and upon receipt of the information and fee required under § 110.36, the Town Clerk shall-issue an identification badge to any new or additional person to be authorized to solicit under the permit as long as such person is not prohibited under § 110.40. The Town Clerk shall also issue a replacement identification badge to any solicitor who, by affidavit, notifies the clerk that his or her identification badge has been lost or stolen, and who pays an additional identification badge fee as established under § 110.36.
(G) If an employer applies for and is granted a permit under this chapter, the employer shall be entitled to obtain identification badges from the Town Clerk for each employee or agent authorized to solicit under the permit as long as such person is not prohibited under § 110.40.
(H) No permit or identification badge issued pursuant to this chapter shall be transferred to any person.
(Ord. 2015-14, passed 8-10-15) Penalty, see § 110.99
(A) Each permit shall be valid for one year, effective from the date of issuance.
(B) Any permittee wishing to renew a permit issued under this chapter must apply for the renewal of the permit no less than 30 days prior to the expiration of its term.
(C) The renewal application shall be made substantially in the same form as an original application; however, except for the information required in § 110.35(A)(3), (4), and (5), only so much of the application shall be completed as is necessary to reflect conditions which have changed since the last application was filed.
(D) At the time of the renewal application, the permittee shall pay a fee in an amount determined by the Town Clerk to be sufficient to defray the costs incurred by the Town in processing the renewal application, plus an identification badge fee for any new or additional person to be authorized to solicit under the permit.
(E) If a permittee fails to apply for such renewal within said thirty-day period of time, the permit will expire.
(Ord. 2015-14, passed 8-10-15)
A person shall not be eligible for issuance of a permit or identification badge under this chapter if:
(A) Such person has been convicted, pled guilty, placed on probation or parole, pleaded nolo contendere, or been released from incarceration within a period of ten years prior to the date of application of a felony or Class 1 misdemeanor under the laws of the State of Tennessee or an equivalent offense under any federal, state, county or municipal law; or
(Ord. 2015-14, passed 8-10-15)
(A) The Town Clerk shall deny an application for a permit or any renewal of a permit under this Chapter if the Town Clerk determines that the applicant has:
(1) Made any material misrepresentation or false statement in the application for the permit, including, without limitation, representations made as to the criminal history of any person to be authorized to solicit under the permit; or
(2) Failed to obtain a business tax license as required by law; or
(3) Been convicted of a felony or Class 1 misdemeanor under the laws of the State of Tennessee or an equivalent offense under any federal, state, county or municipal law.
(B) Upon such a determination, the Town Clerk shall notify the applicant that his or her application is disapproved and that no permit will be issued.
(Ord. 2015-14, passed 8-10-15)
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