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For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
CANVASSER or SOLICITOR. An individual who actually makes contact, directly or indirectly, by phone, by mail, in person or otherwise with any potential donor with the intent of soliciting.
HAWKER or PEDDLER. Any individual who as the primary mode of conducting business travels either by foot, automobile, motor truck, vehicle or other type of conveyance, from house to house, from residence to residence or from dwelling to dwelling, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever, for future delivery; seeking donations; or taking or attempting to take orders for services to be performed in the future. It shall be immaterial whether or not such individual has, carries or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales. Such definition shall apply to such individual described herein whether or not such individual, who for himself or herself or for any other individual, firm, partnership or corporation, hires, leases, uses or occupies any building, structure, tent, hotel room, motel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
PEDDLER or HAWKER. Any individual traveling by foot, automobile, vehicle or any other type of conveyance, from residence to residence, from house to house or from dwelling to dwelling, carrying, conveying or transporting goods, wares, merchandise, magazines, books or other products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or any individual not traveling from house to house, from residence to residence or from dwelling to dwelling, who shall sell or offer the same for sale from an automobile, vehicle, truck or other vehicle or conveyance.
SOLICIT and SOLICITATION. The request, directly or indirectly, for money, donations of money, property or financial assistance of any kind and shall include the sale or offer for sale of any article, tag, service emblem, publication, ticket, advertisement, subscription or anything of value on the direct or implied plea or representation that such sale or solicitation or the proceeds thereof is for a charitable, benevolent, civic, educational, religious, patriotic or philanthropic purpose. A SOLICITATION shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale as referred to herein.
SOLICITING ORGANIZATION. Any individual person, group, corporation, association, partnership or individual engaged in a solicitation.
(2005 Code, § 10-201)
It shall be unlawful for any canvasser, solicitor, peddler or hawker, directly or indirectly to sell, attempt to sell, solicit or make solicitations on the streets, in any office or business building, by house to house canvass, or in any other private or public place by telephone, personal solicitation or in any other way in the city unless such person, organization, society, association or corporation shall have first obtained a permit as provided hereafter.
(2005 Code, § 10-202)
(A) Application for a permit as required by § 10-202 of this article shall be sworn to and filed with the City Clerk.
(B) The application shall contain the following information:
(1) Name of organization applying for a license to solicit or sell and the address of its headquarters;
(2) Names and addresses of its principal officers and management;
(3) The purpose for which any solicitation is to be made and the use or disposition to be made of any receipts therefrom;
(4) The name of the person or persons by whom the receipts of any solicitation shall be disbursed;
(5) The name and address of the person or persons who will be in direct charge of conducting the solicitation or sales, and the name and address of the registered agent and registered office of the soliciting or selling organization;
(6) An outline of the method or methods to be used in conducting the solicitations or sales;
(7) The time when such solicitations or sales shall be made, giving the preferred dates for the beginning and ending of such solicitation or sale;
(8) A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city; and
(9) In the case of a soliciting organization, a full statement of the character and extent of the charitable, educational, religious, civic, benevolent or philanthropic work being done by the applicant organization within the city and a statement of the percentage of the funds to be collected to be applied to such purposes in the city.
(C) (1) Upon furnishing the information required in the permit application, the payment of the $5 permit fee, and payment of any occupation tax required by Ch. 10, Art. 5, of this code of ordinances, the City Clerk shall then issue a permit to such applicant.
(2) A permit requiring a bond shall only be issued for the term of the bond and in any event for a term no longer than one year from the date of issuance.
(2005 Code, § 10-203)
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