(A) Unlawful acts.
(1) Fraudulent representation/harassment. No licensee shall falsely or fraudulently misrepresent the quality, character or quantity of any article, item or commodity offered for sale or sell any unwholesome or tainted food or foodstuffs. No licensee shall harass, intimidate, coerce or threaten any individual to induce a sale.
(2) Prohibited soliciting. No solicitor shall do business or attempt to do business upon any property on which is posted notice that peddling and/or soliciting is prohibited.
(3) Soliciting without a license. Except as otherwise provided, it shall be unlawful to solicit as defined in this subchapter without a valid license or permit.
(4) Supervisor or employer. No person supervising or employing another to solicit or conduct transient merchandising as defined in this subchapter shall knowingly allow a person under his or her supervision or employment to engage in an unlawful act as defined in this section. Each unlawful act by each employee or supervised person may be charged as a separate offense. There shall be a rebuttable presumption that the supervisor or employer has knowledge of the unlawful acts if a police officer or employee of the City Clerk’s office gives notice to the supervisor or employer of the unlawful acts and, subsequently, further unlawful acts are committed by the employee or person supervised.
(B) Suspension or revocation of license. For any of the reasons set both below in this section, the Clerk may suspend any license issued under this subchapter:
(1) Fraudulent statements. The licensee has made fraudulent statements in his or her application for the license or in the conduct of the business;
(2) Violation of law. The licensee has violated this subchapter or any other chapter of this code or has otherwise conducted his or her business in an unlawful manner;
(3) Endangered public welfare, health or safety. The licensee has conducted the business in a manner as to endanger the public welfare, safety order or morals; or
(4) Multiple complaints. The Clerk has received and investigated three or more founded written complaints during the licensed period from residents of the city who are dissatisfied with the manner in which the licensee is conducting business.
(1999 Code, § 122.12) (Ord. 2006-14, passed 9-26-2006) Penalty, see § 112.99