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HomeMy WebLinkAbout0711 OrdinanceORDINANCE # 70/,/ - AN ORDINANCE DEFINING, REGULATING AND LICENSING SOLICITORS; REQUIRING A BOND IN LIEU OF INVESTIGATION OF QUALIFICATIONS; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; REPEALING CERTAIN ORDINANCES AND PARTS OF ORDINANCES, AND EXCEPTING CERTAIN PERSONS FROM THE EFFECT THEREOF. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section :1. Definition A solicitor within the meaning of this ordinance is defined to be any person who goes from house to,house, or place to place, in the City of Pasco, selling or taking orders for or offering to sell or take orders for, goods, wares, or merchandise, 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 re -sale. It shall not include vendors of milk, bakery products, grocer- ies, ice, or fuel, who distribute their products to regular customers on established routes. Section 2. License. It shall be unlawful for any person to act as solicitor within the mean- ing and application of this ordinance unless he or his employer shall have first secured a license therefor in the manner provided by this ordinance. Section 3. Fees. The license fees for solicitors hereunder shall be as follows: $5.00 per annum for each calendar year or fraction thereof, payable in advance, for each solicitor as defined in Section 1. Section 4. Application. Any person or firm desiring to secure a solicitor's license shall apply therefor in writing over his or her signature to the City Clerk on forms provided by the City, and such application shall state as to each soli- citor (1) the name and address of each solicitor, (2) the name and address of the person, firm or corporation by whom employed, (3) the length of service of each such solicitor with such employer, (4) the place of resi- dence and nature of the employment of each solicitor with such employer during the last preceding year' (5) the nature of character of the goods, wares, merchandise, or services to be offered by each solicitor, (6) the personal description of each solicitor. Such application shall be accompanied by such credentials and other evidence of the good moral character and identity of each solicitor as may be reasonably required by the City Clerk. Section 5. Issuance of License. If the Chief of Police shall d.etermne after thirty dayst investigation that the facts set forth in the application are true, such solicitor is of good moral character, and that he proposes to engage in a lawful and legitimate commercial or -professional enterprise, he shall then approve the application, and the City Council may issue the license applied for. Such license shall expire on the 31st day of December of the year in which such license shall have been issued. Except as hereinafter provided no license shall be issued until the conclusion of thirty days' investi- gation. Section 6. Carry License. Such 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 wherever -he or she shall be requested to do so by any police officer or any person. solicited. Section 7. Revocation. Any such license may be revoked by the City Council for the violation, or any violation by the employer or solicitor, of any of the ordinances of the City or of any state or Federal law, or whenever such solicitor shall in the judgment of the City Council cease to possess the character and qualifications required by this ordinance for the issuance of such permit. Section 8. Bond. If any applicant for a license, including solicitor or his employer, shall be unwilling to receive a license only upon the conclusion of a thirty— day period of investigation as provided in Section 5 hereof, and if he desires the issuance of a licnnse by the City Council immediately upon application, he may deposit with the City Clerk of the City of Pasco, a cash or surety bond in the sum of $1,000.00 conditioned upon the making of final. delivery of the goods ordered or services to be performed, in accordance with the terms of such order, or failing therein, that the advanced payment on such order be refunded, and thereupon such license or or licenses may immediately issue. Any person aggrieved by the action of any such solicitor shall have a right of action ori the bond for the recovery of money or damages or both. Such bond shall remain on deposit for a period of ninety days after the expiration of such license unless sooner released by the City Council oi� the City of Pasco. Section 9. Orders. All ordere taken by licensed solicitors shall be in writing, in duplicate, stating the name as it appears on the license, and address, of both the solicitor and his employer, the terms thereof, and the amount paid in advance, and one copy -shall be given the purchaser. Section 1.0. Penalty. Any person, firm or corporation violating the terms of this ordinance shall, upon conviction, be fined in any sum not less than $10.00 nor more than $100.00 for each offense. Every day upon which such violation shall occur or- upon which such violation shall continue shall con gitute a separ- ate offense. Section 1.1. Repealed Ordinances. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 12. Exception. This ordinance shall not apply to the peddlers of, or the taking orders for the sale of any fruits, vegetables, berries, butter, eggs, milk, poultry, meats, or farm products raised, or produced by such peddler or soliciter. Section 1.3. Constitutionality. If any section, sentence, clause, phrase or other part of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaiffng part thereof. Section 14. Effective Date. This ordinance to be effective on and after July 1, 1995�52• PASSED BY THE CITY COUNCIL THIS e5l) t DAY OF MAY, 1952. APPROVED BY THE MAYOR THIS DAY OF MAY, 1`52• More than ten days having elapsed without action by the Mayor by veto oorQsigning the above ordinance the same became effective this ;� qday of May withou't`__` M A Y 0 R Att ^t: the signature of the Mayor City C k Approv as to form: d