(A) Permits, generally.
(1) Permit types. There shall be two types of permits that may be granted, a residential solicitation permit or group solicitation permit. There shall be forms, which may be obtained by the City Clerk, for each permit.
(a) A residential solicitation permit is a permit issued to an individual and provides a license to engage in commercial solicitation to that individual for a period of not less than seven days, nor more than one year, as determined by the City Administrative Officer, or, in the absence of a City Administrative Officer, the Police Chief, as provided in this section.
(b) A group solicitation permit is a permit issued to a non-profit organization.
(2) Permit applications, generally. Each application for an residential solicitation permit or group solicitation permit required by this chapter shall be signed by the applicant or an authorized representative of the applicant, who shall attest to the truth of the statements therein, with knowledge that any false statements constitute perjury, for which the signatory may be prosecuted and punished according to law; and the signatures shall be notarized according to law.
(3) Permit reviews. Each application for a residential solicitation permit or group solicitation permit required by this chapter that is received and accepted by the City Clerk shall be immediately referred to the PRO, who shall review it according to the following standards within 14 days after its receipt and acceptance by the City Clerk.
(a) When the applicant, or employees of the applicant, are required to have any license, permit, degree, certification or other similar document pursuant to the provision of any applicable law for the conduct of or employment in the business that is the subject of the application; the license, permit, degree, certification or other similar document shall have been duly issued to the applicant or employees of the applicant prior to the issuance of the residential solicitation permit or group solicitation permit. Documentary evidence of the issuance satisfactory to the PRO shall be provided by the applicant.
(b) The criminal record of the persons named or identified in the application shall be considered to the extent the record includes conviction of a felony, a misdemeanor for which imprisonment or other confinement was a possible penalty, any other crime in which moral turpitude was involved; or any other crime which was directly related to a business of the type that is the subject of the application. In determining if a conviction was directly related to a business, the PRO shall consider:
1. The nature and seriousness of the crime for which the person was convicted.
2. The relationship of the crime to the purpose of the regulation of the business.
3. The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the operation of the business.
4. The extent to which the person convicted has been successfully rehabilitated.
(c) 1. The PRO shall consider whether the business is of a type that the operation, unless closely supervised, has a probability of generating or resulting in criminal activity or adversely affecting the health, safety, morals and welfare of the citizens and residents of the city, or will constitute a nuisance.
2. In the event that the applicant, business, authorized representative of either, predecessor in interest, or prior business or operation as the business or applicant has had their occupational license revoked or suspended (with the suspension period still in effect) for any reason, including any revocation or suspension under § 92.19(B) of the city Chronic Nuisance Ordinance, the PRO shall have sufficient cause to deny the application.
3. The PRO shall consider whether the applicant, business, authorized representative of either, predecessor in interest, or prior business or operation has previously violated this chapter on more than one occasion; the PRO shall deny the application.
(d) The PRO shall consider the business history of the applicant, including:
1. Whether the persons named and identified in the application have been denied or had a similar permit suspended or revoked by the city or any other city, county or state, and the reasons therefor.
2. Whether complaints have been received by the city about the business practices or responsibility of the persons named and identified in the application, and the disposition of those complaints.
(e) The PRO shall consider whether the persons named and identified in the application are indebted to the city for delinquent taxes, assessments, fines or similar obligations.
(f) The PRO shall consider whether the applicant complies with all applicable laws.
(g) The PRO shall deny the application if there are any false statements in the application, or if the applicant submitted an application within the past five years with any false statements.
(h) After review of the application in conformity with this chapter, the PRO shall notify the City Clerk, or any designee thereof, of either:
1. The approval of the application, and the duration of the permit, not to last less than seven days nor more than one year, depending on the nature of the application, products, and similar grounds; or
2. The approval of the application conditionally; but if the application is approved conditionally, the PRO shall determine and require those conditions that are reasonably necessary to accomplish the intent of this chapter, including, without limitation:
a. A requirement that the applicant post bond with surety acceptable to the PRO in a reasonable amount determined by the PRO to ensure compliance.
b. A requirement that any outstanding indebtedness owed to the city be paid before a specified date.
c. A requirement that the applicant permit periodic record inspection of sales within the city and such other requirements as deemed necessary by the PRO to ensure compliance with this section.
3. The disapproval of the application.
(4) Notice to the applicant. Unless the City Clerk receives a written notice from the PRO within 14 days after an application for a residential solicitation permit or group solicitation permit required by this chapter has been referred to the PRO for review pursuant to this chapter, that the application was either conditionally approved or disapproved, the City Clerk, or the designee thereof, shall issue the residential solicitation permit or group solicitation permit that is the subject of the application, and mail it to the applicant at the address indicated in the application; and, thereafter, the applicant may engage in solicitation until that permit expires or is suspended or revoked according to the provisions of this chapter.
(5) Conditional approval of application. In the event that the City Clerk receives a written notice from the PRO within 14 days after an application for a residential solicitation permit or group solicitation permit required by this chapter has been referred to the PRO for review pursuant to this chapter, that the application was conditionally approved, the City Clerk shall notify the applicant thereof and the reasons therefor identified by the PRO, by certified mail, return receipt requested, to the address of the applicant indicated in the application, along with a notice that the permit will be issued by the City Clerk only upon receipt by the City Clerk of a written signed acceptance by the applicant of the conditions to be performed prior to the issuance of the permit. The notice shall also state that if the acceptance is not received by the City Clerk within such time, the application will thereby be disapproved.
(6) Disapproval of application. In the event that the City Clerk receives a written notice from the PRO within 14 days after an application for a residential solicitation permit or group solicitation permit required by this chapter has been referred to the PRO for review pursuant to this chapter, that the application was disapproved bv the PRO, the City Clerk shall notify the applicant of that denial and the reasons therefor identified by the PRO, by certified mail, return receipt requested, to the address of the applicant indicated in the application, and a notice of the procedure established in this chapter for an appeal from the denial of that application.
(7) Permit revocation or suspension.
(a) Any residential solicitation permit or group solicitation permit required by this chapter may be revoked or suspended bv the PRO for any period of time determined by the PRO to be reasonable and appropriate for any of the following reasons; but only after a due process evidentiary hearing in regard thereto, for which a notice has been sent to the permittee at the address indicated in the permittee's application, by certified mail, return receipt requested, at least ten days prior to the hearing:
1. Any false or intentionally misleading statement or information provided in the permit application.
2. Any failure or refusal to perform or abide by any of the conditions of a conditional permit or this chapter, by the permittee or any person operating under a permittee's permit.
3. The criminal conviction of any person named or identified in the permit application, or operating under a permittee's permit, of a felony, a misdemeanor for which imprisonment or any other confinement is a possible penalty, any other crime in which moral turpitude is involved, or any other crime which directly relates to a business of the type for which the permit was issued. However, the consideration of such a criminal conviction shall include:
a. The nature and seriousness of the crime for which the person was convicted.
b. The relationship of the crime to the purposes of the regulation of the business.
c. The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the operation of the business.
d. The extent to which the person has been successfully rehabilitated.
4. The revocation, suspension or expiration without renewal of any license, permit, degree, certification or similar document required by any applicable law for the conduct of or employment in the business for which the permit was issued.
5. The violation of any applicable law in the conduct of the business by any person engaged therein.
6. Violations of applicable laws by any person acting in concert or connection with the permittee or under the control thereof.
7. The revocation or suspension of a residential solicitation permit or group solicitation permit pursuant to this chapter shall be in addition to the imposition of any other penalty prescribed by ordinance or any other applicable law.
(8) Appeals.
(a) Any conditional approval or disapproval of an application for a residential solicitation permit or group solicitation permit required by this chapter, or any suspension or revocation of any such permit may be appealed to the Mayor, by filing with the City Clerk, within seven days after the conditional approval, disapproval, revocation or suspension, the following:
1. A written notice of the appeal; and
2. A copy of the conditional approval, disapproval, revocation or suspension that is the subject of the appeal; and
3. A statement why there should be an approval without conditions, or no disapproval, revocation or suspension; and
4. An appeal fee in the sum of $200, to provide for the expenses of conducting a due process hearing in regard thereto.
(b) In such an appeal, a de novo due process hearing in regard to the conditional approval or disapproval, suspension or revocation shall be conducted by the Mayor, or by a hearing officer appointed by the Mayor, who shall file a record with the Mayor, with a written recommendation regarding findings of fact, conclusions of law and a decision based thereon. Within 90 days after the date the appeal was filed, the Mayor shall issue a written decision in regard thereto, including findings of fact, conclusions of law and a decision based upon a record of the due process hearing. The appellant shall be notified of the Mayor’s decision by certified mail, return receipt requested, at the address thereof indicated in the application for the license. Unless an appeal is filed within 14 davs after Mayor’s decision, in the court having jurisdiction thereof, the Mayor’s decision shall become final.
(B) Residential solicitation permit; permit fee.
(1) A residential solicitation permit form shall be created by the PRO and approved by the Mayor. The form shall include information related to the applicant that is reasonably calculated to provide adequate personal and business background information to assure that the applicant is a responsible person engaging in a lawful activity. The form may include, but not be limited to, the name, address, telephone number, Social Security number, and date and place of birth of the applicant. Additionally, the form may require information such as a picture identification, and a description of any vehicle used by the applicant. The form shall be obtained in the office of the City Clerk.
(2) A residential solicitation permit shall be issued to a single individual, is non-transferable, shall bear the signature of the PRO, photo of the applicant, a permit number, the issuance date, and the expiration date. The PRO may have the Police Department run a criminal background check of the applicant prior to making a decision on any application.
(3) The form shall be signed by the applicant and contain a certification by the applicant that the applicant has not been convicted of any felony or any other crime involving theft, burglary, fraud or moral turpitude within the last three years.
(4) There is established a fee of $25 for each application lasting between seven and 90 days; and a fee of $100 for each application lasting longer than 90 days, up to one year; provided that the fee shall be waived if the applicant is soliciting on behalf of a non-profit organization, and provides sufficient proof of that fact, including a copy of non-profit determination by the Internal Revenue Service, as well as an authorization letter on behalf of the non-profit organization, identifying the applicant as soliciting on behalf of the non-profit organization, with the date of such letter to be within 14 days of the date of the application.
(C) Group solicitation permit.
(1) A group solicitation permit form shall be created by the PRO and approved by the Mayor. The form shall include information related to the applicant that is reasonably calculated to provide adequate personal and background information to assure that the applicant is a responsible person engaging in a lawful activity. The form may include, but not be limited to, the name, address, telephone number, and tax identification number of the applicant, and the person who will oversee the solicitation activity in the city. Additionally, the form may require information such as corporate and tax information relative to the applicant, and a description of any vehicle used by the applicant. The form shall be obtained in the office of the City Clerk.
(2) A group solicitation permit issued to a non-profit organization shall bear the signature of the PRO, a permit number, the issuance date, and the expiration date.
(3) The form shall be signed by the applicant and contain a certification by the applicant that the applicant has not been convicted of any felony or any other crime involving theft, burglary, fraud or moral turpitude within the last three years.
(Ord. 2013-15, passed 8-19-13) Penalty, see § 118.99