A. For every person acting as a solicitor, as defined in Subsection F of this section, the fee shall be established by resolution of the Mayor and Common Council, except for those solicitors acting as agents or representatives of a place of business holding a business registration certificate and established in the City for a period of one year under the same ownership for whom fee rates shall be established and paid based upon the total gross receipts of the business as set forth in Section 5.04.525.B.
B In order to be classified as a business having a business registration certificate and an established place of business in the City for a period of one year under the same ownership, such business shall continuously comply with this section and each of the following requirements:
1. A completely representative stock of the merchandise being solicited shall be on display at the place of business.
2. The established place of business must be open to the public at least eight hours a day, five days a week.
3. A floor salesman of the company shall be present at all times when the place of business is open.
4. The business or company shall have and maintain at the place a sign of not less than three square feet bearing the name of the firm painted either on the front of the building or on the unscreened glass facing the front street, or the sign shall be affixed to the front of the building.
5. Ingress and egress shall be available to the place of business from the main entrance of the building.
C. For every person soliciting as a representative of, or from, or in connection with, any other established place of business, the fee shall be established by resolution of the Mayor and Common Council, in addition to the fee imposed upon the established place of business.
D. Any person, firm or corporation soliciting with a number of solicitors, may elect at his or her option to pay a flat rate established by resolution of the Mayor and Common Council.
E. Each certificate holder shall be required to maintain a current list of the name and address of each solicitor working under the certificate and the list and any current changes thereto shall be filed in the office of the City Clerk prior to any solicitation within the City.
F. A "solicitor, " within the meaning of this section, is defined to be any person who goes from house to house, or from place to place, in the City, selling or taking orders for, or offering to sell or take orders for, goods, wares or merchandise or any article for future delivery, or for service to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery The foregoing definition of a solicitor shall be exclusive and controlling, and the fact. that a solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising or by person to person conversation, or that he may have been invited to the house or place, shall not be a defense to, or excuse for, a violation of any provision of this Article, nor affect his or her status as a solicitor.
G. All orders taken by solicitors shall be in writing in duplicate, stating the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser. Each solicitor shall be fingerprinted and photographed by the Police Department. Solicitation shall cease at sundown.
(Ord. MC-817, 1-07-92; Ord. MC-744, 10-08-90)