Chapter 32 - SOLICITORS#
Footnotes: --- (1) ---
Editor's note— Ord. No. 2008-16, adopted Oct. 14, 2008, amended Ch. 32 in its entirety to read as herein set out. Former Ch. 32, §§ 32-1—32-30, pertained to solicitors. See the Code Comparative Table for complete derivation.
Sec. 32-1. - Definitions; application of chapter.#
(a) For the purpose of this chapter, any person who goes from house to house or from place to place in the city, selling or offering to sell or taking orders or offering to take orders, or bartering or offering to barter any goods, wares or merchandise, or for services to be performed in the future for the making, manufacturing or repairing of any article or thing, shall be deemed a solicitor. The requirements of this chapter shall apply to any person collecting or attempting to collect any payments due from any purchaser where the collector and original seller are not one and the same. This chapter shall not apply to: (1) insurance agents licensed by the Commonwealth; (2) a person licensed to do business in the city, unless such person is deemed a "peddler," as defined in chapter 20 of this Code; (3) any person selling or offering for sale or taking orders for sale of newspapers or fresh farm products; and (4) any person selling or offering for sale or taking orders for sale on behalf of a bona fide nonprofit charitable, civic or religious organization.
(b) When reference is made in this chapter to the chief of police, it shall mean and include the chief of police or one of his subordinates designated by him to act in his stead.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-2. - Violation of chapter.#
Any person who violates any provision of this chapter shall be guilty of a Class 2 misdemeanor, unless otherwise specifically provided.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-21. - Required.#
It shall be unlawful for any person to act as a solicitor in the city, without first securing a solicitor's permit from the chief of police.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-22. - Application.#
Any person desiring a permit to act as a solicitor within the city shall make application therefor to the chief of police, on a form to be provided, stating the name and exact address of the applicant, the name and address of the person or firm which he represents, the kind of goods offered for sale, or the kind of services to be performed, the make, model and license number of any vehicle to be used and the applicant's place of residence. At the time of filing such application, the applicant shall also submit, for the inspection of the chief of police, written proof of his identity, which may be in the form of an automobile operator's or owner's license or a bona fide identification card issued to the applicant by the person for, or through whom, or under whose auspices the applicant is authorized to conduct such activity. Such applicant shall state whether he has ever been convicted of a felony or any offense involving moral turpitude and shall further furnish such information or evidence as the chief of police may deem necessary to confirm the identity and past experience of the applicant or the person or firm he represents.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-23. - Applicant's photograph and fingerprints.#
The applicant for a solicitor's permit must be photographed and fingerprinted.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-24. - Fee.#
The person issued a solicitor's permit under this article shall pay to the city a fee of twenty-five dollars ($25.00) therefor, which fee shall cover the cost of investigation and issuance of the permit.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-25. - Issuance; contents.#
Upon compliance by the applicant with the preceding sections of this article, the chief of police shall, after such investigation as reasonably appears necessary, issue to such applicant a solicitor's permit, which shall be dated and signed by the chief of police, and which shall include a photograph of the permit holder; provided, however, that the chief of police shall not be required to issue such a solicitor's permit to any person who shall have been convicted of any felony, or crime or misdemeanor involving moral turpitude, or to any person whose permit has been previously revoked, or to any person who is unable to substantiate the prior reliability of himself or the person or firm he represents.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-26. - Conditions.#
A solicitor's permit issued under this article shall be subject to the following conditions:
(1) The holder shall have his permit in his possession at all times and shall exhibit the same at any time upon request by any police officer of the city, any purchaser or any person being solicited.
(2) The holder of the permit shall make no false statements or misrepresentations of facts in the course of carrying on the activity for which the permit is granted, and shall conduct himself at all times in an orderly and lawful manner.
(3) For the sale or delivery of any goods, wares or merchandise, there shall be a written order or invoice, in duplicate, showing the name and address of the firm represented by the solicitor, issued and signed by the solicitor and signed by the purchaser, stating the terms and conditions of the sale, a description of the goods, wares or merchandise, the quantity and price thereof, the date of sale or the date of delivery and the amount paid in advance, if any. The duplicate of such order or invoice shall be given to the purchaser.
(4) The holder shall not sell, distribute or circulate literary material, or canvass or solicit orders therefor, or for goods or merchandise, from pedestrian or vehicular traffic on, or adjacent to, any streets within the limits of the city, in such manner as will interfere with the normal and usual use of such streets.
(5) The holder shall not enter in or upon any house, building or other structure or any land or property, without the prior consent of the owner or occupant thereof, where there is placed or posted on the premises, in a conspicuous position at or near the usual means of ingress, a sign or other form of notice stating or indicating that the owner or occupant thereof forbids or otherwise does not desire persons engaged in such or similar activity to enter upon the premises.
(6) Solicitors may only conduct their activities under permit between the hours of 10:00 a.m. and 7:00 p.m.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-27. - Transfer.#
A solicitor's permit issued under this article shall be nontransferable.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-28. - Term.#
A solicitor's permit issued under this article shall be good for a period of six (6) months and no longer.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-29. - Renewal.#
A solicitor's permit issued under this article may be renewed on its expiration date for an additional six-month period, upon the execution of a renewal application setting forth that the statements made in the original application are true and accurate statements at the time the renewal application is filed or a renewal application setting forth all changes in the original application required by a change in facts since the date of filing the original application. For each renewal permit, the applicant shall pay the city a fee of ten dollars ($10.00). Applications for renewal must be made within fifteen (15) days after the expiration of the original permit. An application for renewal made after this period shall be considered as an application for a new permit.
(Ord. No. 2008-16, 10-14-08)
Sec. 32-30. - Revocation.#
(a) Any solicitor's permit issued under this article may be revoked by the chief of police, after notice and hearing, for any fraud, misrepresentation or false statement contained in the application, for failure to observe the conditions of the permit or for any subsequent conviction of a felony or any crime or misdemeanor involving moral turpitude.
(b) Notice of the hearing for revocation of a permit shall be in writing, setting forth the specific reason or reasons for the hearing and the time and place thereof. Such notice shall be given to the holder of the permit at least two (2) days, if by personal service, and at least three (3) days, if by local mail, addressed to the holder's last-known local address, prior to the stated hearing.
(c) In any case where protection of the public interest necessitates such action, the chief of police may direct immediate revocation of a solicitor's permit by personal service of a notice thereof, by himself or his designated subordinate, upon the holder or the person he represents. When such action is taken, the holder of the permit shall immediately discontinue those activities authorized by the permit and this chapter. The holder shall be entitled to a hearing within two (2) days from the revocation, and the notice of the revocation shall designate the time and place of such hearing.
(Ord. No. 2008-16, 10-14-08)