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No peddler has an exclusive right to a particular location in the public streets nor is a peddler permitted to have a stationary location or to operate in a congested area where his operations impede or inconvenience the public. For the purpose of this Section, the judgment of a police officer, exercised in good faith, is conclusive as to whether the area is congested or the public impeded or inconvenienced. (Ord. 460, 5-5-86)
A. License Required: A charitable, religious, patriotic or philanthropic organization, society, association or corporation which desires to solicit or has solicited in its name any money, donations of money or property or financial assistance of any kind or which desires to sell or distribute any item of literature or merchandise for which a fee is charged or is solicited from persons other than members of such organization upon the streets, in office buildings, by house-to-house canvass or in public places for a charitable, religious, patriotic or philanthropic purpose shall first apply for and obtain a license from the City Recorder.
B. Information Required: The application required by subsection A of this Section shall be completed and certified by the applicant on a form provided by the City. The following information is required:
1. The name and purpose of the cause for which license is sought;
2. The names and addresses of the officers and directors of the organization;
3. Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation and amount thereof;
4. The period during which solicitation is to be carried on.
C. Issuance of License; No Fee: Upon satisfactory proof that the organization, society, association or corporation desiring to solicit or have solicitations made in its name is a charitable, religious, patriotic or philanthropic organization, society, association or corporation and that it wishes to solicit for charitable, religious, patriotic or philanthropic purposes, the City Recorder shall issue a license without charge to such organization, society, association or corporation to solicit in the City.
D. Term of License: A license granted under this Section is valid for the period stated on the face of the license. (Ord. 460, 5-5-86)
A. Permission: It shall be deemed a trespass and a nuisance for any solicitor, peddler, hawker, itinerant merchant or transient vendor of merchandise, books or periodicals to go in or upon any private residence in the City for the purpose of soliciting orders for the sale of goods, wares, merchandise, books or periodical or for the purpose of disposing of or peddling or hawking such goods, wares, merchandise, books or periodicals without first having obtained permission to enter from the owner or occupants of such residence.
B. Enforcement: The Chief of Police and any of the police officers of the City are hereby required and directed to suppress the same and to abate any such nuisance as described in subsection A of this Section.
C. Penalty: Any person convicted of violating any of the provisions of this Section shall be assessed a Class A infraction pursuant to Section 1-4-1 of this Code. (Ord. 295, 2-5-40; 1995 Code)
A. Causes for Revocation: A license issued under this Chapter may be revoked by the City Council after notice and hearing for any of the following causes:
1. Fraud, misrepresentation or false statement contained in the application for a license;
2. Fraud, misrepresentation or false statement in the course of carrying on the licensed activity;
3. A violation of this City Code;
4. Conviction of any crime or misdemeanor involving moral turpitude; or
5. Conducting the licensed activity in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. Notice of Hearing: Notice of the hearing for revocation of a license shall be given, in writing, to the licensee, setting specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days before the date set for hearing. (Ord. 460, 5-5-86)
Any person aggrieved by the action of the Police Chief or the City Recorder in failing to issue a license as provided for in this Chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Recorder, within fourteen (14) days after notice of the action complained has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner provided for in subsection 3-1-10B of this Chapter for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive. (Ord. 460, 5-5-86)
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