CHAPTER 6 PEDDLERS AND SOLICITORS. Article I. In General. Article II. Licenses. Article I. In General

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1 CHAPTER 6 PEDDLERS AND SOLICITORS Definitions Prohibited areas set out Use of streets Exhibition of license Required Application Same - Investigation Same - Fees Same - Disapproval Same - Appeal Same - Approval; issuance of license Date of expiration Suspension and revocation Violations; penalties Article I. In General Article II. Licenses Article I. In General Sec Definitions. The term "solicitor" and "peddler" as used in this chapter shall be construed to mean any individual whose business is mainly or principally carried on by traveling either by foot, motor vehicle or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of any kind whatsoever, for present or future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments or not. Such term shall also include any person who, without traveling from place to place shall sell or offer any such goods for sale from any motor vehicle, or other vehicle or conveyance; provided, that this definition shall not include persons selling only to retailers or wholesalers. Sec Prohibited areas set out. It shall be unlawful for any person to peddle any merchandise on Main Street between Sixth Avenue and Avenue "F", or on Sherman Street, First, Second, Third, Fourth Avenues, or Avenue "A" or "B" between Poplar Street and Adams Street. (Ord. 2156, Adop. 4/01/1932)

2 Sec Use of streets. The issuance of a peddler's license to any person by the city clerk shall not entitle such person to have any exclusive right to any location in the public streets, nor shall any such person be permitted any stationary location nor shall he be permitted to operate in any congested area where his operation might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (Ord. 5697, Adop. 4/02/68; Ord. 2156, Adop. 4/01/1932) Sec Exhibition of license. Peddlers are required to exhibit their license at the request of any citizen. (Ord. 5697, Adop. 4/02/68) Article II. Licenses Sec Required. It shall be unlawful for any person to engage in the business of a solicitor or peddler as defined in Sec within the corporate limits of the city, without first obtaining a license therefor as provided in this article, or to engage in such business after his license has been suspended, revoked or canceled, or to fail to surrender such license after the same has been suspended, revoked or canceled. Sec Application. Any person desiring to apply for a license as a solicitor or peddler under the provisions of this article shall file with the city clerk a sworn application in writing, in duplicate, on a form to be furnished by the city clerk, which shall give the following information: a. The name and description of the applicant. b. The permanent home address and local address of the applicant. c. A brief description of the nature of the business to be carried on or the goods or services to be sold and the length of time the applicant has been engaged in such business. d. If employed, the name and address of the employer, together with credentials establishing such relationship. e. The length of time for which the right to do business is desired. 6-2

3 f. If a vehicle is to be used, a description of the same, together with the license number or other means of identification. g. A photograph of the applicant taken within 1 year prior to the date of the application, which picture shall be 2 inches by 2 inches, showing the head and shoulders of the applicant in a clear and distinguishing manner. Fingerprints of the applicant shall be taken by the police division and filed with the application. h. The names of at least 2 reliable property owners of the county who will certify as to the applicant's good character and business responsibility, or in lieu thereof, such other evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate his character and business responsibility. i. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of this Code or any other municipal ordinance, giving the nature of the offense, the punishment or penalty assessed therefor, if any, and the city and state where conviction occurred. Sec Same - Investigation. Upon receipt of any application for solicitor's or peddler's license the original thereof shall be referred immediately to the city manager, who shall cause an investigation to be made of the facts stated in the application and of the applicant's business responsibility and moral character. If the application states a vehicle is to be used such motor vehicle shall be inspected by the police and a report of such investigation shall be filed with the city manager. The city manager shall endorse on such application his findings and return such application to the city clerk within 5 days after receipt thereof. (Ord. 5697, Adop. 4/02/68) Sec Same - Fees. At the time of the filing of the application, a fee of $5 shall be paid to the city clerk to cover the cost of investigation of the facts stated in the application; provided, that an application for the renewal of a license, filed within 30 days after the expiration of a former license held by the applicant, shall be accompanied by an investigation fee of 2 dollars. Sec Same - Disapproval. If, as a result of the investigation provided for in Sec , the applicant's character or business responsibility are found to be unsatisfactory or the facts stated in such application are found to be untrue, or if the vehicle to be used by the applicant is not in good mechanical condition and does not meet all safety requirements, the city manager shall endorse on such application his disapproval thereof and the reasons for the same before returning such application to the city clerk, who shall then notify the applicant that his application is disapproved and that no license will be issued. (Ord. 5697, Adop. 4/02/68) Sec Same - Appeal. 6-3

4 Any person aggrieved by the action of the city manager or city clerk in the denial of an application for a license as a solicitor or peddler, shall have the right to appeal to the governing body of the city within ten days after the denial of such application, by filing with the city clerk a written notice of intention to appeal, setting forth fully the grounds for such appeal. The governing body shall at the next meeting after the filing of such appeal fix a time and place for hearing thereon and notice of such hearing shall be given to the appellant in writing by mailing such notices to the appellant at his last known address as shown by his application at least 5 days prior to the date set for hearing. The decision of the governing body on such appeal shall be final and conclusive. Sec Same - Approval; issuance of license. If, as a result of the investigation provided for in Sec , the character and business responsibility of the applicant for a license as a solicitor or peddler are found to be good and the facts stated in the application are found to be true, the city manager shall endorse upon such application, approval thereof before returning such application to the city clerk, who shall then, without payment of any license fee, immediately issue to the applicant a license to engage in the business described in the application. Such license shall contain the signature of the city clerk and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods to be sold or services to be rendered thereunder, and the date of issuance and the date of expiration thereof. Sec Date of expiration. All licenses for solicitors or peddlers issued under the provisions of this article shall expire on December 31 of the year of issuance. Sec Suspension and revocation. Upon complaint and evidence of good cause, the city manager is authorized to suspend the license of any solicitor or peddler issued under the provisions of this article until the second meeting of the governing body following such suspension and the governing body, upon a hearing of the matter, with notice of such hearing mailed to the licensee at his last known address as shown by his license at least 5 days prior to the date set for the hearing, may permanently revoke or cancel such license for good cause, or terminate the suspension and order the return of the license; provided, that good cause shall include the following: a. Any reason for which a license could be refused by the city clerk in the case of an original application. b. Conviction of the licensee by the municipal court in this city in any case involving a violation of this Code or any other ordinance of the city relating to or regulating any business, trade, calling or profession carried on or pursued in the city. 6-4

5 c. Fraud, misrepresentation or any false statement contained in the application for a license. d. Fraud, misrepresentation or false statement made in the course of carrying on the business provided for in the license. e. Conducting the business of the licensee in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or welfare of the inhabitants of this city. Whenever a license is suspended, revoked or canceled, as provided above, the licensee shall immediately surrender such license to the city clerk. Sec Violations; penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 6 months or both such fine and imprisonment. (Ord. 5697, Adop. 4/02/68; Ord. 2156, Adop. 4/01/1932) 6-5