3-4D-6: CONDITIONS OF LICENSE:

   A.   License Fee: The applicant shall pay a license fee in the amount of ten dollars ($10.00) to the city clerk at the time of filing application, and again at any time thereafter when corrective information such as that described in subsection C of this section is thereafter provided to the city clerk. In the event the initial application, or the application with such corrective information, is disapproved by the city council, such fee shall be retained by the city.

   B.   Bond: The applicant shall be required to file bond only in those instances when the city council, upon investigation, determines that insufficient information of local operations by the person or organization conducting the solicitation has been given to the city council to permit a determination of the propriety of the manner of solicitation of funds by the organization, or of the adherence of the organization conducting such solicitation to this article or to other ordinances or laws, or of the proper distribution of funds so raised. In such event, before authorizing issuance of a license, the city council may require a corporate bond to be executed and delivered to the city in the penal sum of five thousand dollars ($5,000.00), conditioned upon the faithful handling and distribution of the funds so raised, and upon the funds being solicited in the manner specified in the application and not contrary to this article or other city ordinances or state law. After a period of operation under a license, but not sooner than six (6) months after its issuance, the licensee may request that the city council relieve it of the requirement of bond; and, in its discretion, the city council may so act or may continue the period of bond until a later date.

   C.   Duration Of License: The license issued by the city council shall be issued in the name of the organization, shall embody the particular information contained in the application therefor and shall be valid until revoked by the city council, invalidated as described in this subsection, or turned in by the licensee, whichever event shall occur first in time. Such license shall permit the licensee to solicit for contributions of funds in the city so long as the name and makeup of the organization, the goals and purposes thereof, the manner and method of solicitation and the proposed distribution of the gross collections remains the same as stated in the application; if any of those particulars change, the license shall become and remain invalid until the applicant has submitted the pertinent corrective information to the city clerk for approval by the city council, which approval shall again validate the current license.

   D.   Soliciting From Vehicles And Booths: No person shall solicit funds from a person situated in a motor vehicle, on public or private property. The erection, maintenance and use of any stand, booth or similar structure in connection with any solicitation in a public street, alley or other public property is prohibited unless specifically authorized by the city council as to location, size of structure and the period within which such structure will be so located and operated. Such authorization may be granted by the city council in the event the applicant agrees to hold the city harmless from any claim or liability for damages or injury resulting from the erection, maintenance, operation or removal of such structure.

   E.   Minors: Persons under eighteen (18) years of age may solicit funds under a license issued pursuant to this article only when such solicitation is conducted under the guidance and supervision of an adult.

   F.   Streets And Vehicles; Public Property:

      1.   No person shall solicit funds upon or immediately adjacent to that portion of any street, alley, driveway access or public way in the city which is available for or normally used for vehicular travel.

      2.   No person shall solicit funds in the locations as described in subsections 3-4D-7E and F of this article without obtaining approval from the mayor or his representative of the proposed locations, the number of solicitors, and the timing and the manner of such solicitation.

   G.   Private Property: No person shall solicit funds on private property where the owner of person in possession has posted a sign or signs which prohibit solicitation of funds or has otherwise specifically forbidden such solicitation generally or by the organization attempting same.

   H.   Hours Of Solicitation: No person shall solicit funds on public property or private property from eight o'clock (8:00) P.M. until eight o'clock (8:00) A.M. the following day, except in connection with, during and as part of attendance at a public or private social, civic or religious event. (Ord. 2983, 8-7-1978)

3-4D-7: SOLICITATION FOR RELIGIOUS PURPOSES:

   A.   Persons or organizations who propose to solicit contributions of funds, as described in section 3-4D-1 of this article, in the city for a religious cause or a religious purpose or for the perpetuation of religious views or systems do not need to obtain a license but must, prior to soliciting, register with the city clerk, on a form provided by the city clerk for that purpose, and the registration form shall demand the following from the person or organization:

      1.   Name of applicant and the organization he represents;

      2.   The address of its local and, if applicable, its national headquarters, and the name, address and telephone number of the person or persons who shall be in charge of the local solicitation efforts;

      3.   The purpose of the solicitation or purpose of the organization;

      4.   The names of the principal officers of the organization and the name of the person in charge of the local solicitation efforts;

      5.   A list of the methods of soliciting and raising funds;

      6.   A list of method of distribution of those funds solicited;

      7.   The percentage of gross collections to be distributed locally and the gross percentage of the collections to be returned to the national headquarters, if any.

If any one or more of these items of information shall change during the period of solicitation in the city, such change shall be registered with the city clerk by a person acting for and on behalf of the organization.

   B.   Each person soliciting other persons for contribution of funds for a purpose described in subsection A of this section must carry identification, issued by the registering person or organization, if any, under which the solicitation effort is registered with the city clerk.

   C.   Failure of compliance with subsections A and B of this section shall be deemed a violation of this article and, in addition to other legal remedy, failure of compliance with subsection A or B of this section shall be cause for prohibition of further solicitation by the person or organization in the city until the terms of that subsection are met.

   D.   Persons who propose to solicit funds, for purposes described in this section, within or directly adjacent to city-owned buildings may do so in such locations and in such manner as will permit the orderly conduct of public business.

   E.   Persons who propose to solicit funds, for purposes described in this section, in public ways or other city-owned property, exclusive of that described in subsection 3-4D-6F of this article, may do so in such locations and in such manner as will permit the lawful and peaceful enjoyment thereof by the general public.

   F.   No person shall commence solicitation as described in subsections D and E of this section without obtaining approval from the mayor or his representative of the proposed locations, the number of solicitors and the time and the manner of such solicitation.

   G.   The provisions of subsections 3-4D-6D through H of this article shall apply to the persons and organizations described in this section.

   H.   Failure to comply with section 3-4D-6 of this article and this section by any person or organization shall give the city the right to bar further solicitation by that person or organization until the requirements under this article are met in full. (Ord. 2983, 8-7-1978)

3-4D-8: VALIDATED LICENSES:

Any person in whose name a license was issued authorizing the solicitation of funds in the city within one year prior to the effective date of this article shall be issued a license pursuant to this article by the city clerk without fee or bond or further city council authorization upon the return of the license so heretofore issued to such person to the city clerk for cancellation, accompanied by an application containing the information specified in section 3-4D-4 of this article. Any person who was otherwise authorized by ordinance to solicit funds in the city within one year prior to the effective date hereof may be similarly issued a license pursuant to this article upon filing an application containing the specified information. (Ord. 2983, 8-7-1978)

3-4D-9: REVOCATION OF LICENSE:

In the event the city council is advised of circumstances indicating that the terms of its license or the terms of this article have been violated by the holder of a license granted under the terms of this article, the city council may cause notice to be mailed to the person whose name and address are shown by the organization's most recent filing to be the proper person, demanding that such person or other representative of the license holder appear for hearing at a set time, date and place to show cause why the license should not be revoked. After such hearing, if the city council shall conclude that a violation has occurred and that the license should be revoked, it may revoke the license, and no further solicitation of funds shall be conducted in the city by or on behalf of that organization for a period of at least one year. For purposes of this section, the actions of authorized employees, agents or representatives of a licensed organization in conducting solicitation of funds shall be deemed the actions of the organization. The actions available to the city council pursuant to this section are in addition to such other actions as are available for violation of city ordinances. (Ord. 2983, 8-7-1978)

ARTICLE E. DISTRESS SALES

SECTION:

3-4E-1: Definitions

3-4E-2: Exemptions From Article

3-4E-3: Licensing Authority

3-4E-4: License Required

3-4E-5: Application For License

3-4E-6: Conditions Of License

3-4E-7: License Fees

3-4E-8: Prohibited Acts And Conditions

3-4E-9: Revocation Of License

3-4E-10: Violation; Penalty

3-4E-1: DEFINITIONS:

As used in this article, the following terms shall have the meanings ascribed to them:

CLOSING-OUT SALE: The sale or an offer to sell at retail to the public, goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller, that the sale is anticipatory to the termination, closing, liquidation, revision, wind-up, discontinuance, moving, conclusion or abandonment of the business in connection with the sale; it shall also include any sale advertised, either specifically or in substance, to be an "adjustment sale", "creditor's sale", "trustee's sale", "bankrupt sale", "insolvent sale", "insurance salvage sale", "mortgage sale", "assignee sale", "adjustor's sale", "receiver's sale", "loss of lease sale", "forced out of business sale", "going out of business sale", "removal sale", and any and all sales advertised in such a manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued at its existing location.

LICENSE: A license issued pursuant to this article.

LICENSEE: Any person to whom a license has been issued pursuant to this article.

PUBLISH, PUBLISHING, ADVERTISEMENT, ADVERTISING: Any and all means of conveying to the public notice of a sale or notice of an intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by circular, by pamphlet, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement, by radio program, by recordings, or any and all means, including oral, written or printed.

RESIDENT MERCHANT: A merchant who has maintained an established place of retail business within the city for the sale at retail of goods, similar to those to be sold at the sale described in this section, for a continuous period of one year or more directly preceding the opening date of the sale.

TRANSIENT MERCHANT: Any merchant doing or contemplating doing business in the city, and who is not a "resident merchant", as defined in this section. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-2: EXEMPTIONS FROM ARTICLE:

The provisions of this article shall not apply to or effect the following persons or sales:

   A.   Persons acting pursuant to an order or process of a court of competent jurisdiction.

   B.   Persons acting in accordance with their powers and duties as public officers, such as sheriffs, bailiffs or marshals.

   C.   Duly licensed auctioneers, selling at auctions.

   D.   Executors, guardians, assignees of insolvent debtors, bankrupts, or other persons required by law to sell said property. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-3: LICENSING AUTHORITY:

The city council is hereby authorized and empowered to supervise or regulate closing-out sales, and to issue appropriate licenses therefor upon the proper application for a license, and to provide for the investigation of applications therefor and for the issuance of licenses thereon by the necessary officer. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-4: LICENSE REQUIRED:

No person shall hereafter publish or conduct any closing-out sale without first obtaining a license therefor, and remaining in effect and unrevoked. (Rev. Ord. 1952, Comp. 1941, p. P-33)