(A) Definitions. For the purpose of this section, 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.” Means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural, or fraternal, either actual or purported.
“CONTRIBUTIONS.” 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, business or other premises 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.” Any person who goes upon the premises of any private residence, business or other premise 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. “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.
(B) Permit requirements and exemptions.
(1) 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, provided, however, that the following are exempted from the provisions of this section:
(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 purpose;
(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 above.
(f) No person under the age of 18 shall be permitted to engage in peddling except representing a non-profit or charitable organization and in the presence of an adult 18 years and older at all times. The supervising adult sponsor shall comply with the laws of the Commonwealth of Kentucky governing youth workers.
(C) Permit application.
(1) Every person subject to the provisions of this subchapter shall file with the City Manager 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.
(D) Fees.
(1) 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. The permit fee shall be $50 for each solicitor or peddler to be paid at the time of the application, the fee is non-refundable. The permit may be revoked at the discretion of the City Manager.
(E) Bond.
(1) All solicitors requiring deposits 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 unless the goods or services exceed $500, then the bond will be increased to the amount of the goods and services plus 10% of the cost. The bond will be returned within 30 days after the goods are delivered to the purchaser.
(F) Application review and permit issuance.
(1) 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.
(2) 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, and if applicable, the bond, deliver the required permit to the applicant.
(3) The permit shall show the name, address, and photograph of the permit holder, the type 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.
(G) Denial of permit.
(1) 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:
(a) The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers, or their customers;
(b) An investigation reveals that the applicant falsified information on the application;
(c) 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;
(d) 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;
(e) There is no proof as to the authority of the applicant to serve as an agent to the principal; or
(f) 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.
(2) 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.
(H) Permit expiration. All permits issued under the provisions of this subchapter shall expire one year from the date of issuance, unless an earlier expiration date is noted on the permit.
(I) Permit exhibition. Every person required to obtain a permit under the provisions of this subchapter shall exhibit the permit when requested to do so by any prospective customer or upon the request of city official.
(J) Transfer prohibited. It shall be unlawful for any person other than the permit holder to use or wear any permit or badge issued under the provisions of this section.
(K) Entry upon premises unlawful. It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a canvasser, peddler, or solicitor, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words “No Peddlers,” “No Solicitors,” or words of similar import.
(L) Hours of solicitation. No person, while conducting the activities of a canvasser, peddler or solicitor shall enter upon any private property or business and knock on doors or otherwise disturb persons in their residences between the hours of 6:00 p.m. and 9:00 a.m. Monday through Saturday. No business shall be conducted on Sunday.
(M) Permit revocation. Any permit issued under this subchapter may be revoked or suspended by the City Manager after notice and hearing for any of the following reasons:
(1) Fraud, misrepresentation, or false statement contained in the application for a permit;
(2) Fraud, misrepresentation, or false statement made by permit holder in the course of conducting solicitation or peddling activities;
(3) Conducting peddling or solicitation activities contrary to the provisions contained in the permit;
(4) Conviction for any crime involving moral turpitude; or
(5) Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace, or endanger the health, safety, or general welfare of the public.
(N) Appeals.
(1) Any person aggrieved by the action or decision to deny, suspend, or revoke a permit applied for under the provisions of this subchapter shall have the right to appeal such action or decision to the City Commissioners within 15 days after the notice of the action or decision has been mailed to the person’s address as shown on the permit application form, or to his or her last known address.
(2) An appeal shall be taken by filing with the City Clerk a written statement setting forth the grounds for the appeal.
(3) The Clerk shall transmit the written statement to the City Commissioners within ten days of its receipt and the City Clerk shall set a time and place for a hearing on the appeal.
(4) A hearing shall be set not later than 30 days from the date of receipt of the appellant’s written statement.
(5) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
(6) The decision of the City Commission on the appeal shall be final and binding on all parties concerned.
(O) Claims of exemption. Any person claiming to be legally exempt from the regulations set forth in this subchapter, or from the payment of a permit fee, shall cite to the City Manager the statute or other legal authority under which exemption is claimed and shall present to the City Manager proof of qualification for such exemption. The City Manager will forward the correspondence to the City Attorney who will issue an opinion and the City Manager will contact the person claiming an exemption to state if the exemption is valid and applicable.
(Ord. passed 6-20-16) Penalty, see § 114.99