(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
COMMERCIAL HOME MERCHANDISING OR SOLICITATION. The selling, offering to sell, soliciting, taking orders, canvassing, offering services of any kind, character or description, or making demonstrations of any goods, wares, chattel, or things of value for immediate delivery or to be delivered or performed in the future, by any person who goes from house to house or residential dwelling to residential dwelling within the city.
(2)
PERSON. Any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(B) Permit required. It is unlawful for any person to engage in commercial home merchandising or solicitation, either in person or by agent, in the city without having first obtained a permit therefor.
(C) Prohibited acts.
(1) It is unlawful for any person to ring a bell, or knock on a door, or otherwise enter a dwelling for the purpose of engaging in commercial home merchandising or solicitation when notice bearing the words “No solicitors” or “No solicitation” or words of similar import indicating that such persons are not wanted on the premises, is painted, affixed, or otherwise exposed to public view.
(2) It is unlawful for any person engaged in commercial home merchandising or solicitation to fail, at the onset, to disclose honestly and correctly to the prospective buyer his or her name and the name of the firm, organization, or corporation he/she represents.
(3) It is unlawful for any person engaged in commercial home merchandising or solicitation to employ any ruse, plan or scheme, or make any assertion, representation, or statement of fact which misrepresents the purpose of his or her call.
(4) It is unlawful for any person to engage in commercial home merchandising after having been asked by the owner, manager or occupant of the dwelling to leave the premises.
(5) It is unlawful for any person engaged in commercial home merchandising to fail to provide, at the request of the purchaser, a written receipt, which receipt shall be signed by the person making the sale and set forth a brief description of the goods or services sold, the total purchase price thereof, amount of cash payment, if any, and the balance due and terms of payment, if any.
(6) It is unlawful for any person engaged in commercial home merchandising to use threats, expressed or implied, or coercion as an inducement to make a sale.
(7) It is unlawful for any person engaged in commercial home merchandising to continue efforts to make a sale when specifically requested to discontinue such efforts by the prospective buyer.
(8) It is unlawful for any person engaged in commercial home merchandising to misrepresent the right of a buyer to rescind or cancel a sale under state and/or federal law.
(9) It is unlawful for any person engaged in commercial home merchandising to represent that goods or services have sponsorship, approval characteristics, ingredients, uses, benefits or qualities that they do not have or that a person has sponsorship, approval, status, qualification, affiliation, or connection with an individual, organization, firm or corporation, that he/she does not have.
(10) It is unlawful for any person engaged in commercial home merchandising or solicitation to represent that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand.
(11) It is unlawful for any person engaged in commercial home merchandising or solicitation to make false or misleading representations concerning the availability of credit or the nature of the transaction or obligation incurred.
(12) It is unlawful for any person engaged in commercial home merchandising or solicitation to advertise or attempt to sell his or her goods, wares, merchandise, chattel, things of value, or services of any kind, character, or description, by any type of public outcry, including the use of mechanical means.
(D) Prohibited acts for persons engaged in commercial home merchandising or solicitation. It is unlawful for any person engaged in commercial home merchandising or solicitation to:
(1) Obstruct any public street, public highway, public sidewalk or public alley or way, or any other public place or building by hindering, or impeding or tending to hinder or impede, the free and uninterrupted passage of vehicles, traffic or pedestrians; or
(2) Commit in or upon any public street, public highway, public sidewalk, alley, or public way or any other public place or building, any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting any such public street, public highway, public place or building, which prevents the free and uninterrupted ingress, egress, or regress therein, thereof, and either alone or in consort with others, interfere with or interrupt the conduct of business in the offices located in such buildings; or
(3) Obstruct or interfere with the free and uninterrupted use of private residential property as a residence by hindering or impeding, or tending to hinder or impede, the free, uninterrupted passage of vehicles or persons.
('72 Code, § 113.020) (Ord. passed 9-15-86) Penalty, see § 10.99