(a) Investigation and Issuance.
(1) Upon receipt of application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
(2) If as a result of investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the application to the City Manager, who shall notify the applicant that his application is disapproved and that no license will be issued.
(3) If as a result of investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, and return the application to the City Manager, who shall, upon payment of the prescribed license fee, deliver to the applicant his license. The license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the kind of goods to be sold thereunder, the date of issuance and the length of time when the same shall be operative. The Manager shall keep a permanent record of all licenses issued.
(b) Fees.
(1) The license fee which shall be charged by the City Manager for such license shall be not less than two dollars ($2.00) nor more than ten dollars ($10.00) per day; not less than five dollars ($5.00) nor more than fifty dollars ($50.00) per month, and not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) per year.
(2) The annual fees herein provided shall be assessed on a calendar year basis for the remainder of the year.
(3) None of the license fees provided for by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the City Manager for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to interstate commerce. Application may be made before, or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the City Manager may deem necessary in order to determine the extent, if any, of undue burden on interstate commerce. The Manager shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this section is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Manager shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by subsection (b)(1) hereof. Should the Manager determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit either at the time of termination of applicant's business in the City or at the end of each three month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any ne calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in subsection (b)(1) above.
(c) Expiration. All annual licenses issued under this chapter shall expire on December 31 in the year when issued. Licenses issued on other than an annual basis shall expire on the date specified in the license.
(d) Exhibition. Solicitors and canvassers are required to exhibit their license at the request of any citizen, or police officer of the City.
(e) Revocation.
(1) Permits and licenses issued under this chapter may be revoked by the City Manager after notice and hearing for any of the following causes:
A. Fraud, misrepresentation or false statement contained in the application for license.
B. Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser.
C. Any violation of this chapter.
D. Conviction of any crime or misdemeanor involving moral turpitude.
E. Conducting the business of soliciting or of canvassing, in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(2) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Notice shall be delivered personally to licensee or be mailed, postage prepaid, to the licensee at the address shown on his application at least five days prior to the date set for hearing.
(Ord. 1127. Passed 5-5-58.)