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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ADVOCATING.” Speech or conduct intended to inform, promote or support religious belief, political position or charitable activities.
“APPEALS OFFICER.” The City Council or designee of the city responsible for receiving the information from the city and appellant regarding the denial or suspension of a certificate and issuing a decision as required by this subchapter.
“APPELLANT.” The person or entity appealing the denial or suspension of a certificate either personally as an applicant or registered solicitor or on behalf of the applicant or registered solicitor.
“APPLICANT.” An individual who is at least 16 years of age and not a corporation, partnership, limited liability company or other lawful entity who applies for a certificate permitting door to door solicitation.
“APPLICATION FORM.” A standardized form provided by the city to an applicant to be completed and submitted as part of registration.
“BUSINESS.” A commercial enterprise having a fixed or temporary physical location within the city.
“CERTIFICATE.” A three, ten or 120 day certificate permitting door to door solicitation in the city applied for or issued pursuant to the terms of this subchapter.
“CHARITABLE ACTIVITIES.” Advocating by persons or entities that either are or support a charitable organization.
(1) Includes any person, joint venture, partnership, limited liability company, corporation, association, group or other entity that is:
(a) A benevolent, educational, voluntary, health, philanthropic, humane, patriotic, religious or social welfare, advocacy, public health, environmental, conservation or civic organization for the benefit of a public safety, law enforcement or firefighter fraternal association or established for any charitable purpose; and
(b) That is tax exempt under applicable provisions of the Internal Revenue Code and qualified to solicit and receive tax deductible contributions from the public for charitable purposes.
(2) “CHARITABLE ORGANIZATION” includes a chapter branch area or office or similar affiliate or any person soliciting contributions within the state for a charitable organization that has its principal place of business outside the city or State of Indiana.
“COMPETENT INDIVIDUAL.” A person claiming or appearing to be at least 18 years of age and of sufficiently sound mind and body to be able to engage in rational thought, conversation and conduct.
“COMPLETED APPLICATION.” A fully completed application form, a CRC, two copies of the original identification relied on by the applicant to establish proof of identity and the tendering of fees.
“CRC.” Criminal record check which consists of an original or copy of both an Indiana State Police limited criminal history and a Hamilton County Sheriff’s Department local records check which can be dated no older than 120 days prior to the date of application.
“CRIMINALLY CONVICTED.” The final entry of a conviction whether by a plea of guilty or entry of a judicial or jury finding of guilt which has not been set aside on appeal, a petition for post-conviction relief or writ of habeas corpus. The criminal conviction is that offense for which the applicant or registered solicitor was convicted without regard to the reduced status of the charge after completion of conditions of probation or parole and charges dismissed under a plea or diversion agreement.
“DISQUALIFYING STATUS.” Anything specifically defined in this subchapter as requiring the denial or suspension of a certificate and any of the following:
(1) The applicant or registered solicitor has been criminally convicted of:
(a) Felony homicide;
(b) Physically abusing, sexually abusing or exploiting a minor;
(c) The sale or distribution of controlled substance; or
(d) Sexual assault/battery of any kind.
(2) Criminal charges currently pending against the applicant or registered solicitor for:
(a) Felony homicide;
(b) Physically abusing, sexually abusing or exploiting a minor;
(c) The sale or distribution of a controlled substance; or
(d) Sexual assault/battery of any kind.
(3) The applicant or registered solicitor has been criminally convicted of a felony within the last ten years.
(4) The applicant or registered solicitor has been incarcerated in a federal or state prison within the past five years.
(5) The applicant or registered solicitor has been criminally convicted of a misdemeanor within the past five years involving a crime of moral turpitude or violent or aggravated conduct involving persons or property.
(6) A final civil judgment been entered against the applicant or registered solicitor within the last five years indicating that:
(a) The applicant or registered solicitor had either engaged in fraud or intentional misrepresentation; or
(b) That a debt of the applicant or registered solicitor was discharged in bankruptcy.
(7) The applicant or registered solicitor is currently on parole or probation with any court, penal institution or governmental entity including being under house arrest, electronic home monitoring or subject to a tracking device.
(8) The applicant or registered solicitor has an outstanding arrest warrant from any jurisdiction.
(9) The applicant or registered solicitor is currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.
“DOOR TO DOOR SOLICITATION.” The practice of engaging in or attempting to engage in conversation with any person at a residence, whether or not that person is a competent individual, while making or seeking to make or facilitate a home solicitation sale or attempting to further the sale of goods and/or services.
“ENTITY.” Includes a corporation, partnership, limited liability company or other lawful entity, organization, society or association.
“FEES.” The cost charged to the applicant or registered solicitor for the issuance of a certificate and identification badge.
“FINAL CIVIL JUDGMENT.” A civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.
“GOODS.” One or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions or manufactured products offered, provided or sold.
“HOME SOLICITATION SALE.” To make or attempt to make a sale of goods or services by a solicitor at a residence by means of door to door solicitation regardless of:
(1) The means of payment or consideration used for the purchase;
(2) The time of delivery of the goods or services; or
(3) The previous or present classification of the solicitor as a solicitor, peddler, vendor, hawker, itinerant merchant or similar designation.
“LICENSING OFFICER.” The city employee or agent responsible for receiving from an applicant or registered solicitor the completed application and either granting, suspending or denying the applicant’s certificate.
“NO SOLICITATION SIGN.” A reasonably visible and legible sign that states, “No Soliciting”, “No Solicitors”, “No Sales or Salespersons”, “No Trespassing” or words of similar import. These listed examples are intended to be illustrative, not exhaustive.
“POLITICAL POSITION.” Any actually held belief or information for, against or in conjunction with any political, social, environmental or humanitarian belief or practice.
“REGISTERED SOLICITOR.” Any person who has been issued a current certificate by the city.
“REGISTRATION.” The process used by the City Licensing Officer to accept a completed application and determine whether or not a certificate will be denied, granted or suspended.
“RELIGIOUS BELIEF.” Any sincerely held belief or information for, against or in conjunction with any theistic, agnostic or atheistic assumption, presumption, position or religious doctrine, dogma or practice regardless of whether or not the belief or information is endorsed by any other person or public or private entity.
“RESIDENCE.” Any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the zoning laws of the city together with the lot or other real property on which the living unit is located. This does not include the sidewalk, public street or public rights-of-way.
“RESPONSIBLE PERSON OR ENTITY.” That person or entity responsible to provide the following to an applicant or registered solicitor and the competent individual in a residence to whom a sale of goods or services is made or attempted to be made by means of a home solicitation sale.
(1) Maintaining a state sales tax number a special events sales tax number, computing the sales tax owing from any sale of goods or services, paying the sales tax and filing any required returns or reports;
(2) Facilitating and responding to requests from consumers who desire to cancel the sale pursuant to applicable contractual rights or law; and
(3) Refunding any monies paid or reversing credit card charges to those persons who timely rescind any sale pursuant to applicable contractual rights or law.
“SALE OF GOODS OR SERVICES.” The conduct and agreement of a solicitor and the competent individual in a residence regarding a particular good or service that entitles the consumer to rescind the same within three days pursuant to Indiana’s Home Solicitation Sales law found at I.C. 24-5-10 et seq., or any other applicable federal, state or local law.
“SERVICES.” Those intangible goods or personal benefits offered, provided or sold to a competent individual of a residence.
“SOLICITING” or “SOLICIT” or “SOLICITATION.” Any of the following activities:
(1) Seeking to obtain Sales or orders for the exchange of goods, wares, merchandise or perishables of any kind for any kind of remuneration or consideration regardless of whether advance payment is sought;
(2) Seeking to obtain prospective customers to apply for or to purchase insurance or subscriptions to publications or periodicals;
(3) Seeking to obtain contributions of money or any other thing of value for the benefit of any person or entity;
(4) Seeking to obtain orders or prospective customers for goods or services;
(5) Seeking to engage an individual in conversation at a residence for the purpose of promoting or facilitating the receipt of information regarding religious belief, political position, charitable conduct or a home solicitation sale; or
(6) Other activities falling within the commonly accepted definition of Soliciting such as hawking or peddling.
“SOLICITOR OR SOLICITORS.” A person engaged in door to door solicitation.
“SUBMITTED IN WRITING.” The information for an appeal of a denial or suspension of a certificate submitted in any type of written statement to the city offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile or hand delivery.
“SUBSTANTIATED REPORT.” An oral, written or electronic report:
(1) That is submitted to and documented by the city;
(2) By any of the following:
(a) A competent individual who is willing to provide law enforcement or other city employees with publicly available identification of their name, address and any other reliable means of contact;
(b) City law enforcement or licensing Officer; or
(c) Any other regularly established law enforcement agency at any level of government;
(3) That provides any of the following information regarding a registered solicitor:
(a) Documented verification of a previously undisclosed disqualifying status of a registered solicitor;
(b) Probable cause that the registered solicitor has committed a disqualifying status which has not yet been determined to be a disqualifying status;
(c) Documented eyewitness accounts that the registered solicitor has engaged in repeated patterns of behavior that demonstrates failure by the registered solicitor to adhere to the requirements of this subchapter; or
(d) Probable cause that continued licensing of the registered solicitor creates exigent circumstances that threaten the health safety or welfare of any individuals or entities within the city.
“WAIVER.” The written form provided to applicant by the city wherein applicant agrees that the city may obtain a name, date of birth and CRC (criminal records check) on the applicant for licensing purposes under this subchapter and which contains an applicant’s notarized signature.
(Ord. 15-05-12, passed 6-12-12)