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SOLICITORS AND PEDDLERS
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)
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)
(A) No person under the age of 18 shall be permitted to engage in peddling, except as provided in this section.
(B) A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one or more persons under 18 years of age.
(C) The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, peddling under the sponsor’s permit.
(D) (1) The sponsor shall provide to each individual in its sales force a badge or other easily readable form of identification that identifies the name of the sponsor and the name of the individual.
(2) The sponsor shall require all individuals in its sales force to wear such identification so that it is clearly visible at all times when the individuals are peddling or soliciting.
(E) The sponsor shall comply with the laws of the commonwealth governing youth workers.
(1984 Code, § 111.062) (Ord. O-21-04, passed 3-30-2004)
Every person subject to the provisions of this subchapter shall file with the City Manager’s office an application in writing on a form to be furnished by the City Manager, which shall provide the following information:
(A) Proof of age, address and identification of the applicant, to be provided through the applicant’s driver’s license, articles of incorporation (for sponsors) or other legally recognized form of identification;
(B) A brief description of the business or activity to be conducted;
(C) The hours and location for which the right to peddle or solicit is desired;
(D) If employed, the name, address and telephone number of the employer; or, if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing a relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
(E) A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred and other pertinent details thereof;
(F) Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this subchapter; and
(G) Two photographs of the applicant that shall have been taken within 60 days immediately prior to the date of filing of the application. The photographs shall measure three inches by two inches and show the head and shoulders of the applicant in a clear and distinguishing manner.
(1984 Code, § 111.063) (Ord. O-21-04, passed 3-30-2004)
(A) At the time the application is filed with the City Manager’s office, the applicant shall pay a fee to cover the cost to the city of processing the application and investigating the facts stated therein.
(B) The permit fee shall be $50 for each solicitor or peddler.
(1984 Code, § 111.064) (Ord. O-21-04, passed 3-30-2004)
All solicitors requiring cash deposits or taking orders for cash delivery purchases (C.O.D.) or who require a contract of agreement to finance the sale of any goods, services or merchandise for future delivery or for services to be performed in the future, shall furnish to the City Manager’s office a bond in the amount of $500.
(1984 Code, § 111.065) (Ord. O-21-04, passed 3-30-2004)
(A) Upon receipt of an application, the City Manager, or authorized representative, shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
(B) If the City Manager finds the application to be satisfactory, the City Manager shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the required permit to the applicant.
(C) The permit shall show the name, address and photograph of the permit holder, the class of permit issued, the kinds of goods or services to be sold or delivered, the date of issuance and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued.
(D) A record of all permits issued shall be maintained by the City Manager’s office for a period of two years.
(1984 Code, § 111.066) (Ord. O-21-04, passed 3-30-2004)
(A) Upon the City Manager’s review of the application, the City Manager may refuse to issue a permit to the applicant under this subchapter for any of the following reasons:
(1) The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers;
(2) An investigation reveals that the applicant falsified information on the application;
(3) The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances or any violent acts against persons or property, such conviction being entered within five years preceding the date of application;
(4) The applicant is a person against whom a judgment has been entered for or who has been convicted of fraud, deceit or misrepresentation within the five years immediately preceding the date of application;
(5) There is no proof as to the authority of the applicant to serve as an agent to the principal; or
(6) The applicant has been denied a permit under this subchapter within the immediate past year, unless the applicant can and does show to the satisfaction of the City Manager that the reasons for such earlier denial no longer exist.
(B) The City Manager’s disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form or at the applicant’s last known address.
(1984 Code, § 111.067) (Ord. O-21-04, passed 3-30-2004)
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