Peddlers/solicitors.
(A) Application. Application for a town license to conduct business as a peddler or solicitor shall be made at least ten regular business days before the applicant desires to begin conducting business. Each individual person conducting business as a peddler or solicitor make application for a town license. A license will not be granted in the name of a business or other entity. The applicant must appear in person and show proper identification. Application for a license shall be made on a form approved by the Town Attorney and available at the Police Department. All applications shall be signed by the applicant. All applications shall include the following information.
(1) Applicant’s full legal name and any other names under which the applicant conducts business or to which applicant officially answers.
(2) A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, and the like).
(3) Full address of applicant’s permanent residence.
(4) Full legal name of all business operations owned, managed, or operated by applicant, or for which applicant is an employee or agent.
(5) Full address of applicant’s regular place of business (if any).
(6) All business-related telephone numbers of the applicant.
(7) The type of business which the applicant intends to conduct.
(8) The dates during which the applicant intends to conduct business.
(9) A statement as to whether the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for the violation of any state or federal statute or any local ordinance, other than non-moving vehicle traffic offenses.
(10) A statement as to whether the applicant has any pending criminal charges.
(11) A list of the three most recent locations where the applicant has conducted business as a peddler or solicitor transient merchant.
(12) Proof of any requested state or county license.
(13) A general description of the items to be sold or services to be provided.
(14) The applicant’s driver’s license or other acceptable from of government-issued identification.
(15) The license plate number, registration information and vehicle identification number, and physical description for any vehicle to be used in conjunction with the licensed business operation.
(16) All additional information deemed necessary by the Police Department.
(B) Non-refundable. All applications shall be accompanied by a non-refundable fee, payable to the Police Department by certified or cashier check as follows.
Duration | Fee |
Per month | $100 |
Per 3 months | $150 |
Per 6 months | $200 |
Per 12 months | $300 |
(C) Background check. The Police Department is required to do an investigation into the criminal record, driving record, business reputation, and personal character on all applicants for peddler or solicitor permits and the company represented by the applicant. In conducting the criminal history background investigation to screen such license applicants, the Police Department shall request a criminal history and driving record of the applicant through a third-party vendor. The applicant shall pay a separate, non-refundable background check fee of $100 to the Police Department as reimbursement for the third-party criminal and driving record check. Acceptable forms of payment are money orders and certified checks, payable to the town.
(D) (1) Approval. Upon receipt of the completed application and payment of the license fee, the Chief of Police or their designee, within two regular business days, will determine if the application is complete. An application is determined to be complete if all required information is provided and the applicant has included a signed consent form authorizing a background check through the Police Department and/or any third-party vendor. If the Chief of Police or their designee determines that the application is incomplete, they must inform applicant of the required necessary information that is missing. If the application is complete, the Chief of Police or their designee must order an investigation including a criminal history and wanted persons check with the Police Department and other background checks necessary to verify the information provided with the application. In the case of questioned identity, where we cannot confirm if a record exists based on name and date of birth alone, fingerprint verification will be required.
(2) Within ten regular business days of receiving a complete application the Chief of Police or their designee must issue the license unless there exist grounds for denying the license application under this subchapter, in which case the Chief of Police or their designee must deny the request. If the Chief of Police or their designee denies the license, the applicant must be notified in writing of the decision, the reason for the denial, and the applicant’s right to appeal the denial by requesting, within 30 days of receiving notice of the rejection, the applicant may petition the Town Manager for review. The Town Manager shall review the decision of the Chief of Police within 20 days of the date of the request to either confirm or reverse the decision. The decision of the Town Manager can be appealed by petitioning the circuit court within 30 days of the final decision.
(E) Duration. A license granted under this chapter shall be valid through December 31 of the current calendar year. On January 1 of each year, the license shall automatically expire and be null and void.
(F) Professional fundraisers not exempt. A professional fundraiser working on behalf of an otherwise exempt person shall not be exempt from the licensing requirements of this section.
(Ord. 2023-OR-005, passed 2-27-23)