CHAPTER 114: SOLICITORS, PEDDLERS AND ITINERANT MERCHANTS
Section
Solicitors and Peddlers
   114.01   Definitions
   114.02   Permit requirements and exemptions
   114.03   Permit for sponsoring juvenile peddlers
   114.04   Permit application
   114.05   Fees
   114.06   Bond
   114.07   Application review and permit issuance
   114.08   Denial of permit
   114.09   Permit expiration
   114.10   Identification badges
   114.11   Permit exhibition
   114.12   Transfer prohibited
   114.13   Entry upon premises unlawful
   114.14   Hours of solicitation
   114.15   Permit revocation
   114.16   Notice and hearing
   114.17   Appeals
   114.18   Claims of exemption
Itinerant Vendors
   114.30   Definitions
   114.31   License required
Vending Cart Sales
   114.45   Definitions
   114.46   Location
   114.47   Number of permits
   114.48   Signs
   114.49   Littering
   114.50   General provisions
   114.51   Exclusions
   114.52   Revocation of licenses
   114.53   Application requirements
Mobile Food Vending Services
   114.65   Definitions
   114.66   Permit required to operate mobile food vending service
   114.67   Permit application and fees
   114.68   Review criteria
   114.69   Authorized locations and locations restrictions for mobile food unit vending services
   114.70   Operating restrictions, nuisance prevention and public health and safety
   114.71   Suspension or revocation of permit
   114.72   Termination or amendment of mobile food vending
   114.73   Appeals
 
   114.99   Penalty
SOLICITORS AND PEDDLERS
§ 114.01 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CANVASSER. Any person who attempts to make personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
      (1)   Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the CANVASSER accepts the donation of money for or against such cause; or
      (2)   Distributing a handbill or flyer advertising a non-commercial event or service.
   CHARITABLE. This term means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported.
   CITY. The City of Covington, Kentucky.
   CITY MANAGER. The City Manager of the City of Covington, Kentucky.
   CONTRIBUTIONS. This term means and includes the words alms, money, subscription, property or any donations under the guise of a loan or money or property.
   PEDDLER. Any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. PEDDLER also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this subchapter. PEDDLER does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to a resident for purchase at a location away from his or her residence or at a time different from the time of visit.
   PEDDLING. All activities ordinarily performed by a peddler as indicated in the above referenced definition of “peddler”.
   PERSON. A natural person or any firm, corporation, partnership, limited liability company, association, club, society or other organization.
   SOLICITATION. All activities ordinarily performed by a solicitor as indicated in the above referenced definition of “solicitor”.
   SOLICITOR.
      (1)   Any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares or other personal property of any nature for future delivery, or for services to be performed in the future; and
      (2)   SOLICITOR also includes any person who, without invitation, goes upon private property, to request contribution of funds or anything of value, or sell goods or services for political, charitable, religious or other non-commercial purposes.
(1984 Code, § 111.060) (Ord. O-21-04, passed 3-30-2004)
§ 114.02 PERMIT REQUIREMENTS AND EXEMPTIONS.
   It shall be unlawful for any person 18 years of age or older to engage in peddling or solicitation activities within the city without first obtaining a permit issued by the City Manager’s office; provided, however, that, the following are exempted from the provisions of this subchapter:
   (A)   Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made;
   (B)   Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation;
   (C)   Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person;
   (D)   Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary; or
   (E)   A “canvasser”, as defined in § 114.01 of this chapter.
(1984 Code, § 111.061) (Ord. O-21-04, passed 3-30-2004)
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