CHAPTER 63:  PEDDLERS AND SOLICITORS*
Section
ARTICLE I.   GENERAL PROVISIONS
   63.001   Scope
   63.002   Loud noises; speaking devices
   63.003   Use of streets
   63.004   Enforcement
   63.005   Supplemental occupational license fee
   63.006   Business hours
   63.007   Solicitation of motor vehicles
ARTICLE II.   PERMITS
   63.100   Required
   63.101   Exhibition of permit
   63.102   Application; fee
   63.103   Issuance; refusal of permit
   63.104   Appeal
   63.105   Bond
   63.106   Revocation of permit
   63.107   Notice of revocation hearing
   63.108   Reapplication
   63.109   Expiration; renewal
   63.999   Penalty
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*Cross references:
   Farmer’s Market, see Ch. 64
   Offenses, see Ch. 52
   Stores may be open on Sundays, see § 68.001
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Statutory reference:
   Home solicitation sales, see KRS 367.410, et seq.
   Subscription sales of printed material, see KRS 367.510, et seq.
ARTICLE I. GENERAL PROVISIONS
§ 63.001  SCOPE
   The terms of this chapter shall not  be applicable to persons selling at whole to dealers, nor to newsboys, nor to bona fide merchants who merely deliver goods in the regular course of business, nor to bona fide charitable religious, patriotic, or philanthropic organizations, nor to farmers, gardeners, or horticulturists selling products direct from their own farms, orchards, or gardens and of their own raising or production, but this exemption shall apply only where the vehicle from which sales are made is manned by the farmer, etc., himself, or by some member of his family, his servant, or employee.
(Ord. 13-83, § 2, passed 5-13-83)
§ 63.002  LOUD NOISES; SPEAKING DEVICES
   No permittee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of the sidewalks, streets, alleys, parks, or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the adjacent sidewalks, streets, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which the permittee proposes to sell.
(Ord. 13-83, § 7, passed 5-13-83)
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Cross reference:
   Nuisances, see Ch. 50
§ 63.003  USE OF STREETS
   (A)   No permittee shall have any exclusive right to any location in the public streets, nor shall any permittee be allowed:
      (1)   A stationary location upon the public streets;
      (2)   To operate in a congested area where the operation might impede or inconvenience the public use of the streets; or
      (3)   To accept orders or goods or sell directly from a vehicle of any kind while standing in a public street.
   (B)   For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
(Ord. 13-83, § 8, passed 5-13-83)
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Cross reference:
   Offenses, see Ch. 52
§ 63.004  ENFORCEMENT
   It shall be the duty of all policemen to see that the provisions of this chapter are enforced.
(Ord. 13-83, § 10, passed 5-13-83)
§ 63.005  SUPPLEMENTAL OCCUPATIONAL LICENSE FEE
   The provisions of this chapter shall be in addition to and cumulative with the city’s occupational license fee.
(Ord. 13-83, § 14, passed 5-13-83)
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Cross reference:
   Occupational license fees, see Ch. 60
§ 63.006  BUSINESS HOURS
   (A)   It shall be unlawful for any salesman or other person soliciting sales or other business to call at a private home, including room or apartment, within the city between the hours of 6:00 p.m. and 10:00 a.m. Eastern Standard (or daylight, if observed) Time, except as follows:
      (1)   In connection with the making of an actual delivery of merchandise previously ordered by an occupant of the home;
      (2)   In connection with a bona fide service call or pick-up service previously requested by an occupant of the home; or
      (3)   By appointment with and upon the invitation of an occupant of the home previously made and extended.
   (B)   It shall be unlawful for any person canvassing or soliciting for other than commercial purposes to call at a private home, including room or apartment, within the city between the hours of 9:00 p.m. and 10:00 a.m. Eastern Standard (or daylight, if observed) Time.
(Ord. passed 6-7-66, § 1; Am. Ord. 91-5, passed 3-12-91)
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Cross reference:
   Penalty for violation, see § 63.999
§ 63.007  SOLICITATION OF MOTOR VEHICLES
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      “PERSON.”  Any natural person, corporation, association, group, club, society or other organization.
      “PUBLIC RIGHT-OF-WAY.”  Any public road, street, avenue, alley or boulevard, bridge, viaduct or trestle and the approaches to them, including traffic medians, street shoulders and all other areas within the highway or street right-of-way within the limits of the city.
      “SOLICIT AND SOLICITATION.”  Engaging in or requesting, directly or indirectly, that an addressed person or limited audience or the public generally make a contribution or contributions.
   (B)   It shall be unlawful for any person, whether individually or as the agent or employee of another, or as a volunteer, to stop, stand, sit, walk upon or occupy any public right-of-way for the purpose of soliciting financial assistance or donations from occupants of motor vehicles for private use or benefit, commercial gain or for any charitable purpose.
(Ord. 2013-5, passed 5-28-13)  Penalty, see § 63.999
ARTICLE II.  PERMITS
§ 63.100  REQUIRED
   It shall be unlawful for any peddler, canvasser, solicitor, or transient merchant to ply his trade within the city limits without first obtaining a permit therefore in compliance with the provisions of this chapter.  No permit shall be used at any time by any person other than the one to whom it is issued.
(Ord. 13-83, § 1, passed 5-13-83)
§ 63.101  EXHIBITION OF PERMIT
   Permittees are required to exhibit their permits at the request of any policemen or citizen.
(Ord. 13-83, § 9, passed 5-13-83)
§ 63.102  APPLICATION; FEE
   Applicants for a permit under this chapter must file with the City Manager a sworn written application containing the following:
   (A)   Name and physical description of the applicant;
   (B)   Complete permanent home address and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made;
   (C)   A brief description of the nature of the business and the goods to be sold;
   (D)   If employed, the name and address of the employer, together with credentials establishing the exact relationship;
   (E)   The length of time for which the right to do business is desired;
   (F)   A recent clear photograph approximately two inches (2”) square showing the head and shoulders of the applicant;
   (G)   The names of at least two (2) reputable individuals who will certify as to the applicant’s good moral reputation and business responsibility, or in lieu of the names of references, such other available evidence as will enable an investigator to properly evaluate the applicant’s moral reputation and business responsibility;
   (H)   A statement as to whether or not the applicant has been convicted of any crime as defined by KRS 500.080 and, if so, the nature of the offense and the punishment or penalty assessed therefor;
   (I)   The last three (3) cities or towns, if that many, where the applicant carried on business immediately preceding the date of application and, in the case of transient merchants, the addresses from which the business was conducted in those municipalities; and
   (J)   At the time of filing the application, a fee of twenty-five dollars ($25.00) shall be paid to the city to cover the cost of investigating the facts stated therein.
(Ord. 13-83, § 3, passed 5-13-83)
§ 63.103  ISSUANCE; REFUSAL OF PERMIT
   (A)   Each application shall be referred to the Chief of Police for investigation.  The Chief shall report his findings to the City Manager within seven (7) days.
   (B)   If, as a result of the investigation, the Chief reports the applicant’s moral reputation and/or business responsibility to be unsatisfactory, the City Manager shall notify the applicant that his application is disapproved and that no permit will be issued.
   (C)   If the Chief’s report indicates that the moral reputation and business responsibility of the applicant are satisfactory, the City Manager shall issue a permit upon the payment of all applicable privilege taxes and the filing of the bond required by § 63.105.
(Ord. 13-83, § 4, passed 5-13-83)
§ 63.104  APPEAL
   Any person aggrieved by the action of the Chief of Police or the City Manager in the denial of a permit shall have the right of appeal to the Board of Commissioners.  The appeal shall be taken by filing with the Mayor, within fourteen (14) days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal.  The Mayor shall set a time and place for a hearing on such appeal and notice of the time and place of the hearing shall be given to the appellant.  The notice shall be in writing and shall be mailed, postage prepaid, to the applicant at his last known address at least five (5) days prior to the date set for the hearing, or shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for the hearing.
(Ord. 13-83, § 5, passed 5-13-83)
§ 63.105  BOND
   (A)   Every permittee shall file with the City  Manager a surety bond payable to the city in the amount of not more than one thousand dollars ($1,000.00), in the discretion of the City Manager based on projected sales.
   (B)   The bond shall be conditioned that the permittee shall comply fully with all state laws regulating peddlers, canvassers, solicitors, transient merchants, itinerant merchants or itinerant vendors, as the case may be, and shall guarantee to any citizens of the city that all money paid as a down payment will be accounted for and further guaranteeing to any citizen of the city doing business with the permittee that the property purchased will be delivered according to the representations of the permittee.
   (C)   Action on the bond may be brought by any person aggrieved and for whose benefit, among others, the bond is given, but the surety may, by paying, pursuant to order of the court, the face amount of the bond to the Clerk of the Court in which the suit is commenced, and be relieved without costs of all further liability.
(Ord. 13-83, § 6, passed 5-13-83; Am. Ord. 2003-8, passed 6-10-03)
§ 63.106  REVOCATION OF PERMIT
   Permits issued under the provisions of this chapter may be revoked by the Board of Commissioners after notice and hearing, for any of the following causes:
   (A)   Fraud, misrepresentation or incorrect statements contained in the application for permit or made in the course of carrying on the business of solicitor, canvasser, peddler, transient merchant, itinerant merchant, or itinerant vendor;
   (B)   Any violation of this chapter;
   (C)   Conviction of any crime as defined in KRS 500.080; or
   (D)   Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant, or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a nuisance to the health, safety, or general welfare of the public.
(Ord. 13-83, § 11(1), passed 5-13-83)
§ 63.107  NOTICE OF REVOCATION HEARING
   Notice of the hearing for revocation of a permit shall be given by the City Manager, in writing, setting forth specifically the grounds of the complaint and the time and place of hearing.  The notice shall be mailed to the permittee at his last known address at least five (5) days prior to the date set for hearing, or it shall be delivered by a police officer in the same manner as a summons, at least three (3) days prior to the date set for hearing.  When reasonably necessary, in the public interest, the Mayor may suspend the permit pending the revocation hearing.
(Ord. 13-83, § 11(2), passed 5-13-83)
§ 63.108  REAPPLICATION
   No permittee whose permit has been revoked shall make further application until a period of at least six (6) months has elapsed since the last revocation.
(Ord. 13-83, §  12, passed 5-13-83)
§ 63.109  EXPIRATION; RENEWAL
   Permits issued under the provisions of this chapter shall be valid for a period of one (1) year.  A permittee may renew the permit without cost if an application for renewal is filed within thirty (30) days of the date of expiration.  An application for a renewal shall be made substantially in the same form as an original application; however, only so much of the application shall be completed as necessary to reflect conditions which have changed since the last application was filed.
(Ord. 13-83, § 13, passed 5-13-83)
§ 63.999  PENALTY
   (A)   Persons violating the provisions of § 63.006 shall be subject to the penalty provided in § 10.999.  Each separate unlawful call made in violation of this section shall be deemed a separate violation for the purpose of determining the authorized fine.
   (B)   Any person who violates the provisions of § 63.007 shall upon conviction be guilty of a violation and shall be subject for each offense to a fine of not more than two hundred and fifty dollars ($250.00). Each day of any violation of this section shall constitute a separate offense.
(Ord. passed 6-7-66, §  2; Am. Ord. 2013-5, passed 5-28-13)