Chapter 5.12   SOLICITORS [3]

Sections:


5.12.010   Definitions.

For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section:

"Bona fide," in defining those religious, charitable, political, educational, and community service organizations not operated for profit which are exempt from licensing requirements, means those organizations which are entitled to that status under the Internal Revenue Code which allows a taxpayer to declare gifts to such organizations as a charitable deduction.

"Person" means any individual, partnership, firm, company, society, association, club or other group or organization acting by themselves or by a servant, agent or employee.

"Solicitor" means any individual who, without prior invitation from the occupant, goes from house to house, or place to place, in the city, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or services, for present or future delivery, or for the making, manufacturing or repairing of any article or thing whatsoever, for present or future delivery except those selling to merchants for resale.

(Ord. No. 965, § 1, 9-15-2011)

5.12.020   License—Required—Exceptions.

It is unlawful for any person to act as a solicitor within the meaning and application of this chapter unless such person shall have first secured a license therefore in the manner provided for by this chapter. It is a violation of this chapter to solicit without a valid license or to solicit on premises that conspicuously display a "no solicitors" sign, or a sign with similar language. Provided, this chapter shall not apply to solicitors for bona fide religious, charitable, political, educational, community service organizations, or farmers, gardeners, producers or manufacturers of farm produce and edibles, nor shall this chapter apply to vendors of books, periodicals or newspapers. The requirement for a solicitor's license is in addition to the general business license required pursuant to BDMC Chapter 2.58.

(Ord. No. 965, § 1, 9-15-2011)

5.12.030   License—Fees.

An applicant may apply for a thirty-day or an annual solicitor's license. The license fees for solicitors shall be, paid in advance without pro-ration, in the amount set forth in the city's consolidated list of fees, as authorized in BDMC 2.62.010. A separate fee shall be required for each individual solicitor's license applicant.

(Ord. No. 965, § 1, 9-15-2011)

5.12.040   License — Application.

A.

Any person desiring to secure a solicitor's license shall apply therefore in writing on forms provided by the city, and the application shall state as to each applicant as follows:

1.

The name, telephone number, social security number, date of birth, and address of each applicant;

2.

The name, telephone number, and address of the person by whom employed;

3.

The nature or character of the goods, wares, merchandise or service to be offered; and

4.

A personal description of each applicant.

B.

The application shall be accompanied by a copy of the driver's license or Washington State identification card of each applicant; provided that, other evidence of identity may reasonably be required by the city clerk or his or her designee to verify the identity of the applicant. All applicants for a solicitor's license shall consent to a criminal background check as provided on the application form.

(Ord. No. 965, § 1, 9-15-2011)

5.12.050   License—Issuance—Expiration.

A.

If the city clerk or his or her designee determines after an investigation that the facts in the application are true, that none of the criteria set forth in subsection B of this section apply, and that the applicant proposes to engage in a lawful and legitimate commercial or professional enterprise, he or she shall then approve the application and issue the license applied for. The thirty-day license shall expire thirty days after the date of issuance. The annual license shall expire at the end of the calendar year in which the license is issued. Except as provided in this chapter, no license shall be issued until the conclusion of an investigation. The chief of police is given the authority to fingerprint the applicant pursuant to RCW 35A.21.370.

B.

The city clerk or his or her designee shall deny a solicitor's license for any one of the following reasons:

1.

The applicant or, if applicable, his or her employer failed to secure a valid business license in the City of Black Diamond pursuant to Chapter 2.58 BDMC;

2.

The applicant has, within the previous ten years, been convicted of a crime or offense directly relating to his or her fitness for a solicitor license, and including, but not limited to, those crimes or offenses involving moral turpitude, fraud or misrepresentation;

3.

The applicant has been charged with a crime or offense of the type defined in subsection (B)(1) of this section, and disposition of that charge is still pending;

4.

The applicant has been refused a license under the provisions of this chapter; provided, however, that any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or

5.

The applicant made any false or misleading statements in the application.

(Ord. No. 965, § 1, 9-15-2011)

5.12.060   License—To be carried.

The license shall be carried at all times by each solicitor for whom issued, when soliciting or canvassing in the city, and shall be exhibited by any such solicitor whenever requested to do so by any police officer or any person solicited.

(Ord. No. 965, § 1, 9-15-2011)

5.12.070   License—Revocation.

Any license issued under this chapter shall be revoked by the city clerk or his or her designee whenever the solicitor or his or her employer ceases to possess the qualifications required by this chapter or violates any of the ordinances of the city or of any state or federal law, or otherwise, directly relating to his or her fitness for a solicitor's license. Any person who violates this chapter shall be subject to the penalties set forth in BDMC Section 1.12.010.

(Ord. No. 965, § 1, 9-15-2011)

5.12.080   Appeal of license denial or revocation.

Any person wishing to appeal a decision to deny or revoke a solicitor's license shall follow the appeal procedures for a business license denial or revocation set forth in BDMC Section 2.58.100.

(Ord. No. 965, § 1, 9-15-2011)

5.12.090   Orders.

All orders taken by licensed solicitors shall be in writing, stating the solicitor's name as it appears on the license, and address, of both the solicitor and his or her employer, the terms thereof, and the amount, if any, paid in advance, and one copy shall be given to the purchaser.

(Ord. No. 965, § 1, 9-15-2011)

5.12.100   Time of solicitations.

A.

No solicitations shall be made except between the hours of ten a.m. and eight p.m.

B.

No solicitations shall be made on city-recognized holidays.

(Ord. No. 965, § 1, 9-15-2011)

5.12.110   Violation—Penalty.

Any person found guilty of violating any part of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine not exceeding one hundred dollars and/or thirty days in jail.

(Ord. No. 965, § 1, 9-15-2011)



FOOTNOTE(S):


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Editor's note— Ord. No. 965, § 1, adopted September 15, 2011, repealed the former Chapter 5.12, §§ 5.12.010—5.12.110, and enacted a new Chapter 5.12 as set out herein. The former Chapter 5.12 pertained to similar subject matter and derived from Ord. No. 164, 1974; Ord. No. 356, 1987; Ord. No. 549, 1995 and Ord. No. 868, 2008. (Back)