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3-1-4: INVESTIGATION OF APPLICANT AND ISSUANCE OF LICENSE:
   A.   Investigation by Police Chief: Upon receipt of the application required by this Chapter, the City Recorder shall refer the application to the Police Chief, who shall cause an investigation of the applicant's business and moral character to be made as may be necessary for the protection of the public. The investigation shall include the following:
      1.   History of performance on business agreements;
      2.   Reports to the Better Business Bureau regarding applicant;
      3.   Prior complaints with respect to business dealings;
      4.   Has applicant lived up to terms of licenses;
      5.   Is applicant properly licensed with other State and Federal agencies as required;
      6.   Criminal convictions of applicant and all persons acting for or on behalf of applicant in the City;
      7.   Length of time in business;
      8.   Insurance covering goods and applicant's business; and
      9.   Anything else bearing on applicant's business or moral character.
   B.   Disapproval of Applicant: If, as a result of the investigation, the character or business responsibility of the applicant is found to be unsatisfactory, the Police Chief shall endorse on the application his disapproval and his reasons for the same and return the application to the City Recorder who shall notify the applicant that his application is disapproved and that no license may be issued.
   C.   Approval of Applicant; License Issuance: If, as a result of the investigation, the character or business responsibility of the applicant are found to be satisfactory, the Police Chief shall endorse on the application his approval and return the approved original application to the City Recorder. The license shall contain the signature of the issuing officer and shall show the name and business of the licensee, the type of goods to be sold thereunder, the amount of fee paid, the date of issuance, the length of time the license is in effect and the license number and other identifying description of the vehicle used in peddling. The City Recorder shall keep a record of all licenses issued.
   D.   Time Limit for Approval or Disapproval: The Police Chief shall approve or disapprove the application within twenty (20) days from the receipt of the application. If the application is not approved or disapproved within the time allowed, the Police Chief is considered to have given his consent and approval of the application.
   E.   Inspection of Goods and Wares: The Police Chief may inspect all goods, wares, merchandise or other commodities or services which are to be offered for sale by the applicant for a peddler's license. The license issued to an applicant shall not be effective until such inspection has been made and the Police Chief has certified, in writing, to the City Recorder that the goods, wares, merchandise or other commodities or services to be offered for sale by the applicant are of good merchantable quality.
   F.   Perishable Commodities: In the case of perishable commodities, the Police Chief may inspect the contents of each box, bag or other container. The Police Chief shall be satisfied that such commodities are of good merchantable quality and uniform throughout any container. Spoiled or damaged commodities shall be confiscated and the Police Chief may require that all inferior commodities be removed before certifying that the remainder of such goods, wares, merchandise or other commodities are of good merchantable quality. (Ord. 460, 5-5-86)
3-1-5: LICENSE FEES; TERM; EXHIBITION:
   A.   Fees: A person applying for a peddler's license shall pay to the City Recorder the license fee in accordance with the following fee schedules:
 
One day license
$ 10.00
One week license
25.00
One year license
100.00
 
   B.   Renewal of License: A license may be renewed before expiration by paying the applicable license fee. After expiration, agreement for new license shall be treated as a new application and not as a renewal.
   C.   Term of License: All licenses issued shall state on the face the dates the license is in effect.
   D.   Exhibition of License: A peddler shall exhibit his license on the request of any person. (Ord. 460, 5-5-86)
3-1-6: LICENSE TRANSFER RESTRICTED:
No peddler's license issued under this Chapter may be used by a person other than the one to whom the license is issued. (Ord. 460, 5-5-86)
3-1-7: USE OF STREETS:
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)
3-1-8: SOLICITATIONS BY CHARITABLE OR RELIGIOUS GROUPS:
   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)
3-1-9: PERMISSION REQUIRED TO ENTER PRIVATE RESIDENCE:
   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)
3-1-10: REVOCATION OF LICENSE; HEARING:
   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)
3-1-11: APPEAL:
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)
3-1-12: ENFORCEMENT BY POLICE CHIEF:
   A.   Display of License: It shall be the duty of the Chief of Police to require any person who is required to have a license, seen peddling within the incorporated territory of the City, to produce his license and enforce the provisions of this Chapter against any person found to be violating the same.
   B.   Maintain Record of Violations: The Chief of Police shall report to the City Recorder all convictions for violation of this Chapter, and the City Recorder shall maintain a record for each license issued and record the reports of violations therein. (Ord. 460, 5-5-86)
3-1-13: PENALTY:
Unless otherwise provided, every person violating any provision of this Chapter shall be assessed a Class A infraction pursuant to Section 1-4-1 of this Code. (Ord. 460, 5-5-86; 1995 Code)