Loading...
(A) The Town Clerk shall, after written notice of no less than seven calendar days, revoke and shall not renew any permit issued pursuant to this chapter if the Town Clerk determines that any of the following have occurred:
(1) Fraud, misrepresentation or false statement in the application for the permit or any renewal application, including, without limitation, representations made as to the criminal history of any person to be authorized to solicit under the permit; or
(2) Failure to obtain a business tax license as required by law; or
(3) Failure to supervise solicitation conducted under the permit so as to reasonably ensure that such solicitation is in compliance with the terms of the permit and with the provisions of this Chapter; or
(4) Authorizing, condoning or knowingly tolerating any unlawful solicitation or any solicitation conducted in such a manner as to constitute a menace to the health, safety or general welfare of the public.
(B) In the event the alleged conduct that is the basis for the revocation or nonrenewal of the permit is the subject of a pending criminal citation, the Town Clerk may either defer his or her decision regarding revocation or non-renewal until such citation has been resolved or immediately proceed with the foregoing administrative action prior to the resolution of such citation.
(C) The permit holder shall cause the suspended or revoked permit along with all identification badges of persons authorized to solicit under the permit, to be delivered to the Town Clerk within five business days from notification.
(Ord. 2015-14, passed 8-10-15)
(A) If reasonable grounds exist to believe that a permittee and/or badge holder has engaged in illegal activity such that the public health, safety or welfare imperatively requires emergency action, the Town Clerk may summarily suspend the permit and/or badge pending the notice set forth in §§ 110.42 or 110.43 as applicable.
(B) The temporary suspension of a permit or badge shall be for a period not to exceed 20 days.
(Ord. 2015-14, passed 8-10-15)
(A) Upon the denial, suspension, or revocation of a commercial solicitation permit by the Town Clerk, the applicant or permit holder shall be entitled to a hearing before the Board of Mayor and Alderman in accordance with the following:
(1) A request for a hearing shall be in writing, setting forth fully the grounds for the appeal, and filed with the Town Administrator within 20 days of the Town Clerk’s decision to deny an initial application or renewal, or to suspend or revoke a permit.
(2) The Town Clerk shall notify the applicant or permit holder by United States mail of the hearing date.
(3) The hearing date shall fall within 25 days from the date the Town Clerk receives the request, unless the applicant requests a later date and the Town Clerk grants the request.
(4) The applicant or permit holder is considered notified upon publication of the hearing date by the Town Clerk.
(5) At the hearing, the applicant or permit holder may present evidence as to why his/her initial application or renewal should not be denied, or why his/her permit should not be suspended or revoked.
(6) The Town Clerk has the authority to subpoena witnesses to testify at such hearings.
(7) Within five days of the hearing, the Board of Mayor and Alderman shall state in writing the reason for the Board’s decision that will either affirm or reject the denial of an initial application, renewal, suspension, or the revocation of a permit and mail it by United States mail to the address of the applicant as listed on the application.
(B) Any denial after a hearing of an initial application for a permit may be appealed by writ of certiorari to the Circuit or Chancery Courts of Shelby County within 60 days from the date of the hearing.
(Ord. 2015-14, passed 8-10-15)
(A) Any commercial solicitor engaging in door-to-door commercial solicitation under a permit issued pursuant to this chapter shall conspicuously display his or her identification badge on the front of his/her person at all times so to be reasonably visible to any person who might be approached by said person while engaged in the act of commercial soliciting.
(B) Whenever requested by any police officer or by any customer or prospective customer, any commercial solicitor engaged in door-to-door commercial solicitation under a permit issued pursuant to this chapter shall exhibit his or her permit and identification badge.
(C) Whenever requested by any police officer or by any customer or prospective customer, any commercial solicitor engaged in door-to-door commercial solicitation under a permit issued pursuant to this chapter shall present some form of business card or, if the solicitor does not utilize business cards in the course of his or her business, some form of informational document, containing information on the solicitor including, at a minimum, the solicitor’s name, the name of the company, organization, or entity that the solicitor represents or is employed by, the business address, telephone number, and, as applicable, email address and website. Further, if requested at such time as the above request, the solicitor must provide his or her permit number, the name of an individual at the company, organization or entity that the solicitor represents that is responsible for the supervision or management of the solicitor, and such supervisor’s telephone number.
(D) A permit holder shall, without undue delay, report any lost or stolen identification badge to the Town Clerk.
(Ord. 2015-14, passed 8-10-15)
(A) No solicitor, whether commercial or noncommercial, shall:
(1) Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property; or
(2) Remove any “No Solicitation” or “No Trespassing” sign or town no-solicitation sticker that gives notice to such solicitor that the resident or occupant does not invite visitors.
(B) It shall be unlawful for any solicitor, whether commercial or noncommercial, to remain upon any private premises and refuse to leave such premises after having been notified by the owner or occupant of such premises or his or her agent to leave the same and not return to such premises.
(Ord. 2015-14, passed 8-10-15) Penalty, see § 110.99
(A) No commercial solicitor shall solicit for a purpose other than that set out in the application upon which the permit was issued.
(B) No commercial solicitor shall conduct any door-to-door solicitations except between the hours of 9:00 a.m. and one-half (1/2) hour before sunset, it being the intent that door-to-door commercial solicitations occur during daylight hours and at times when citizens feel secure in their homes to receive unexpected visitors.
(Ord. 2015-14, passed 8-10-15) Penalty, see § 110.99
No person shall attempt to obtain, by telephone or otherwise, an invitation to visit any private residence for the purpose of soliciting the purchase or sale of goods, services or any other thing of value, by knowingly making a false or deceptive representation or statement.
(Ord. 2015-14, passed 8-10-15)
Loading...