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HomeMy WebLinkAbout1193 OrdinanceORDINANCE NOJ 1 9 3 AN ORDINANCE REGULATING SOLICITATION IN THE CITY OF PASCO; R.E- QUIR.ING A LICENSE THEREFOR AND IMPOSING PENALTIES FOR VIOLATIONS AND REPEALING ORDINANCE NO. 741 AND ORDINANCE NO. 1140 AND PASCO CITY CODE CHAPTER 3-8. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Definitions. A solicitor is defined as any person who goes from house to house or from place to place in the City of Pasco selling or taking orders for or offering to sell or take orders for goods, wares, and merchandise for present or future delivery or for services to be performed immediately or in the future whether such person has, carries or exposes a sample of such good, waves and merchandise or not and whether he is collecting advance payments on such sales or not. Section 2. License regdred. It shall be unlawful for any person to act as solicitor within the City of Pasco without having first obtained a license issued pursuant to this Ordinance. Section 3. Application for license. Applicants for license under this Ordinance shall file with the City Clerk an application in writing on a form to be prescribed by the City Clerk. Section 4. Application for license - contents. The application shall contain the following information: (a) The name and address of the solicitor (b) The name and address of the person, firm or corporation by whom employed (c) The length of service of each solicitor with such employer (d) The place of residence and nature of the employment of the solicitor with such employer during the last preceding year (e) The nature or character of the goods, wares, merchandise or services to be offered by the solicitor. (f) A personal description of the solicitor (g) A statement as to any convictions of any crimes, misdemeanors, violations of municipal ordinances, the date, the nature of the offense and the penalty assessed therefor. (h) Bank reference for the Company. Such application shall be accompanied by such credentials and other evidence of good moral character and identity of each solicitor as may be reasonably required by the City Clerk. Section 5. License fees. The license fee for solicitors hereunder shall be as follows: (a) For each new application where an investigation is required, $10. 00 for each calendar year or fraction thereof payable in advance (b) For each re-newal application where no investigation is required, $5. 00 for each calendar year or fraction thereof payable in advance. Fees and investigations as used in this section refers solely to individuals and not to firms. Section 6. Investigation - character and business responsibility. The original copy of the application shall be referred to the Chief of Police, who shall promptly make an investigation of the applicant's character and business responsibility. If the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and the reason therefor and return the application to the City Clerk. The City Clerk shall notify the applicant that his application is disapproved and that no license will be issued. If the Chief of Police finds that the applicant's character and business responsibility are satisfactory, he shall endorse his approval on the application and return it to the City Clerk, who shall, upon payment of the license fee and the filing of bond as provided for in this Ordinance, issue the license. Section 7. Renewals. Licenses shall be issued for a period of one year or fraction thereof and may be renewed without investigation upon application being made within ten days after the expiration of the license period. In the event that within ten days after the expiration of the license period, a renewal application has not been filed with the City Clerk the applicant's request for a new license shall be considered as an original application. Section 8. Bond required. No license shall be issued to any solicitor until a cash or surety bond in the amount of $1, 000. 00 shall be deposited with the City Clerk of the City of Pasco 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. Any person aggreived by the action. of any solicitor shall have the right of action on 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 release'. by the City Council of the City of Pasco. -2- Section 9. Revocation of license. A license issued under this ordinance may be suspended or revoked by the City Clerk or the City Clerk may refuse to issue a renewal license for any of the following causes: (a) Fraud, misrepresentation or false statement contained in the application for license. (b) Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor. (c) Any violation of this ordinance (d) Conviction of any crime or misdemeanor involving moral turpitude (e) Conducting the businesss of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menance to the health, safety or general welfare of the public. This section shall be self executing and the suspension or revocation shall be effective immediately. The City Clerk shall give notice of the suspension or revocation of license and sufficient notice shall be given if mailed or delivered to the licensee at his last known local address. Section 10. Appeal. Any person aggreived by the action of the Chief of Police or the City Clerk in the denial of the license or of the City Clerk in the suspension b� revocation of a license shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk written notice thereof within five days after the entry of the order of suspension or revocation or denial. The notice of appeal shall specify an address at which the licensee may be given notice of appearing on the appeal. The City Council shall hear the appeal or may refer the same to a committee of the Council for hearing. At the hearing the licensee shall be entitled to appear in person and offer evidence pertinent to the suspension, revocation or denial and the City Clerk shall likewise be entitled to be heard at the hearing and offer evidence in support of his order of suspension or revocation. Likewise the Chief of Police may be present at the hearing and present evidence in support of his denial of the license. The City Council shall determine whether the suspension, revocation or denial shall be sustained and its action in that respect shall be final and conclusive. -3- Section 11. Orders. All orders 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, the amount paid in advance, and one copy shall be given to the purchaser. Section 12. License to be carried. Such license shall be carried at all times by each solicitor for whom issued when soliciting in the city and shall be exhibited by any such solicitor whenever he or she shall be requested to do so by any police officer or any person being solicited. Section 13. Exclusions. This chapter shall not apply to any farmer, gardner, or other person selling, delivering or peddling any fruit, vegetables, berries, butter, eggs, fish, milk, poultry, meats or other farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state or any person selling or delivering milk or mL'lk products or bakery goods produced or manufactured in this state or furnishing to any person of laundry and dry-cleaning service or any member or members of a religious, charitable, health or welfare service or youth service organization selling or offering to sell goods or services in order to raise funds for the work of such organization and for no other purpose. This exclusion shall apply only to the requirements of the license fee, investigation and bond requirements. Each solicitor qualifying under this exclusion shall, however, be required to present hims-a3f before the City Clerk and receive a permit prior to the time in which he engages in the activities set forth herein. Section 14. License additional. License required by this ordinance shall be in addition to any other licenses required by the general law or the ordinances of the city. Section 15. Penalty for violations. Any violation or failure to comply with any of the provisions of this chapter shall subject the offender to a fine in a sum not exceeding $300. 00 or imprisonment in the city jail for a period not exceeding ninety days or to both such fine and imprisonment. Section 16. Severability. The invalidity of any article, section, subsection, provision, clause, or portion thereof or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance orthe validity of its application to other persons or circumstances. -4- Section 17. Ordinance No. 741 and Ordinance No. 1140 and Pasco City Code Chapter 3-8 are hereby repealed. Section 18. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED a=s provided by law this 1st day of _,J�e`9C- . J, 5: ,; . Atte st: City Clerk Approved as to form: City Attorr7ey -5- MAYOR