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§ 3-1 TITLE 9 — BUSINESS REGULATIONS § 3-5 Chapter 3 PEDDLERS, SOLICITORS, AND CANVASSERS Sec. 3-1: Purpose Sec. 3-2: Definitions Sec. 3-3: Registration Required Sec. 3-4: Registration Application, Fees, Term and Limitations Sec. 3-5: Proof of Registration Application, Contents Sec. 3-6: Background Check Required Sec. 3-7: Renewal of Proof of Registration Sec. 3-8: Denial of License Sec. 3-9: Revocation Sec. 3-10: Notice Sec. 3-11: Appeal Sec. 3-12: Carrying Proof of Registration Required Sec. 3-13: Hours of Operation Sec. 3-14: Exemptions Sec. 3-15: Unlawful Conduct Sec. 3-16: Violations; Penalties Sec. 3-1. Purpose The purpose of this Chapter is to provide the citizens of the City with information by registering and identifying persons who peddle, solicit, or canvass within the City; to protect citizens from deceptive or dishonest practices and to aid in law enforcement. (Ord. 2012-02, 01/03/2012) Sec. 3-2. Definitions. Peddler, Solicitor, or Canvasser. Any person, either as a principal or agent, who goes from place to place within the City and who: A. Sells, takes orders for, or offers to sell, any goods, wares, merchandise, or services, whether collecting in advance for such goods, wares, merchandise, or services or not; or B. Seeks contributions or donations in goods or legal tender. Sec. 3-3. Proof of Registration Required. It is unlawful for any person to act as a Peddler, Solicitor, or Canvasser within the City without first having Proof of Registration with the City obtained pursuant to this Chapter. Every person going place to place within the City must have his or her own Proof of Registration. (Ord. 2012-02, 01/03/2012) Sec. 3-4. Registration Application, Fees, Term and Limitations. A. Every person seeking Proof of Registration under this Chapter shall file a written application for such Proof of Registration with the Clerk on the form provided by the City. B. Proof of Registration provided for in this Chapter shall be issued for a period of one year. C. Every applicant for Proof of Registration shall pay a fee for Proof of Registration in the amount established by the Council from time to time by resolution. D. Proof of Registration may be issued, denied, or revoked by the Clerk pursuant to this Chapter. (Ord. 2012-02, 01/03/2012) Sec. 3-5. Proof of Registration Application, Contents. Application for Proof of Registration for Peddler, Solicitor, or Canvasser, as required by this Chapter, shall be in writing upon a form to be furnished by the City and made to the City through the City Clerk. Every applicant shall supply a full set of fingerprints with every application, except that fingerprints will not be required for any renewal that occurs within five years of the latest submittal of fingerprints by the applicant. The application for Proof of Registration shall contain the following information: A. Name, description, copy of valid driver's license or other DMV approved identification, and date and place of birth of the applicant; B. Permanent home address, telephone number, and local address and telephone number for the applicant; C. A brief description of the nature of the business, the goods to be sold, and/or ---PAGE BREAK--- § 3-5 TITLE 9 — BUSINESS REGULATIONS § 3-7 services to be performed; D. If employed by another, the current address, name of the employer, telephone number and facsimile number or email address; E. The place of manufacture or production of goods being offered for sale, the present location of such goods and the proposed method of delivery; F. A photograph of each applicant seeking Proof of Registration, taken within sixty (60) days immediately prior to filing of the application. Said picture shall be approximately two inches by two inches x and shall show the head and shoulders of the applicant in a clear manner; G. A complete set of fingerprints of each applicant in a form approved by the Chief of Police; H. A sworn statement disclosing all convictions of crimes, including, but not limited to, misdemeanors and violations of City ordinances, the date, the nature of the offense and the penalty assessed therefor; I. A statement that Proof of Registration, if granted, shall not be used or represented as an endorsement by the City for activities thereunder; J. The application shall be sworn to by each applicant and shall be accompanied by the fee for each person to be covered by such Proof of Registration. (Ord. 2004-04; 01/05/04; 2012-02, 01/03/2012; 2014-13, 08/18/2014) Sec. 3-6. Background Check Required A. Requirements. To determine the suitability of prospective applicants for Peddlers, Solicitors, or Canvassers License, the City Police Department and/or City Clerk for the City of Moscow shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police (ISP) and the Federal Bureau of Investigation (FBI). Pursuant to Idaho Code Section 67-3008, and congressional enactment Public Law 92-544, the City Police Department and/or City Clerk for the City of Moscow shall submit the required fees and a set of fingerprints obtained from the applicant, to the ISP, Bureau of Criminal Identification, for a criminal records check of State and National databases per Public Law 92-544. The submission of fingerprints and information required by this Section shall be on forms prescribed by the ISP. The City Police Department and/or City Clerk for the City of Moscow is authorized to receive criminal history information from the ISP and from the FBI for the purpose of evaluating the fitness of applicants for Peddlers, Solicitors, or Canvassers License. As required by State and Federal law, further dissemination or other use of the criminal history information if prohibited. The applicant authorizes the use of FBI records for the screening process. B. Background Check Guidelines. All background checks require a complete set of fingerprints, a signed statement that contains the applicant’s name, address, and date of birth appearing on a valid identification document issued by a governmental entity, as well as furnishing if such applicant has or has not been convicted of a crime, and the particulars and description of the same. (Ord. 2011-16, 09/19/2011; 2012-02, 01/03/2012; 2019-06, 07/01/2019) Sec. 3-7. Renewal of Proof of Registration. The City Clerk may renew a Proof of Registration from year to year by appropriate endorsement thereon. An application for renewal of the Proof of Registration shall be made in writing on a form provided by the City. The application shall be filled out with the full name and current address of the applicant along with the statement of the date upon which the original Proof of Registration was granted. A copy of applicant’s valid driver’s license or other DMV approved identification shall be provided. The Proof of registration fee, in an amount as set from time to time by ---PAGE BREAK--- § 3-7 TITLE 9 — BUSINESS REGULATIONS § 3-9 Resolution of the City Council, shall be paid to the City for Proof of Registration. (Ord. 2014-13, 08/18/2014) Sec. 3-8. Denial of License No Proof of Registration under this Chapter shall be issued or maintained: A. Where the applicant for Proof of Registration has: 1. Been found guilty of, plead guilty to, received a withheld judgment, or admitted to the elements of any of the following enumerated crimes, or any substantially similar provision of foreign criminal violations, notwithstanding the form of judgment(s) or admitted that sufficient evidence exists which could be likely to convince a judge or jury to find the applicant or person issued the Proof of Registration to be guilty beyond a reasonable doubt of such a crime: a. Any felony as defined by Idaho Code, Sections 18-111 and 18-111A, within five years immediately preceding the date of application for license or renewal; b. Any violation of the Uniform Controlled Substances Act, Chapter 27, Title 37, Idaho Code, similar provisions in any other jurisdiction, within the past five years immediately preceding the date of application; c. Any crime of physical violence against persons, including but not limited to battery and domestic battery within the past five years immediately preceding the date of application; d. Any offense involving neglect or any physical injury to, or other abuse of, a Child, including any sex crime as defined in Chapter 66, Title 18, Idaho Code; e. Rape as defined in Chapter 61, Title 18, Idaho Code; f. Injury to a Child as defined in Idaho Code, Section 18-1501; g. Trespassing as defined in Idaho Code Section 18-7008(A)(8) or and/or Moscow City Code 10-1-5 within five years immediately preceding the date of application for license; h. Sexually abusing or exploiting a Child as defined in Idaho Code, Sections 18-1506 through 18- 1508; i. Stalking as defined in Idaho Code Section 18-7905 within five years immediately preceding the date of application for license; j. Murder as defined in Idaho Code, Sections 18-4001 and 18-4003; k. Voluntary manslaughter as defined in Idaho Code, Section 18- 4006; l. Kidnapping as defined in Idaho Code, Section 18-4501; m. Arson as defined in Idaho Code, Sections 18-801 through 18-803; n. Poisoning as defined in Idaho Code, Section 18-4014; o. Mayhem as defined in Idaho Code, Section 18-5001; or p. Any felony punishable by death or imprisonment for life. 2 Received a withheld judgment entered for any of the above offenses within five years immediately preceding the date of application for Proof of Registration. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011; 2012-02, 01/03/2012; 2016-09, 08/01/2016) Sec. 3-9. Revocation. Proof of Registration under this Chapter may be denied, suspended or revoked for any of the following causes: A. Fraud, misrepresentation or false statement contained in the application for Proof of Registration; B. Fraud, misrepresentation or false statement made in the course of carrying on the business of being a Peddler, Solicitor, or Canvasser; C. Any violation of this Chapter; D. Conducting the business of peddling, soliciting or canvassing in an unlawful manner or in such manner as to constitute a breach of the peace or so as ---PAGE BREAK--- § 3-9 TITLE 9 — BUSINESS REGULATIONS § 3-14 to constitute a menace to the health, safety or welfare of the public; E. Where any applicant or holder of Proof of Registration for Peddler, Solicitor, and/or Canvasser has been found guilty of, pled guilty to, received a withheld judgment, or admitted to the elements of any felony, theft, possession of stolen property, or a crime including moral turpitude, or admitted that sufficient evidence exists which could be likely to convince a judge or jury to find applicant or holder of Proof of Registration for Peddler, Solicitor, and/or Canvasser to be guilty beyond a reasonable doubt. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011; 2014-13, 08/18/2014) Sec. 3-10. Notice. Notice of denial, suspension or revocation of Proof of Registration shall be in writing and mailed to the applicant or person issued the Proof of Registration at the address of record on the original application. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011; 2012- 02, 01/03/2012) Sec. 3-11. Appeal. A. Any person aggrieved by the action in denial, suspension or revocation of Proof of Registration by the City shall have the right of appeal to the Council. B. Such appeal shall be taken by filing with the Clerk written notice thereof within five business days after the denial or the entry of the order of suspension or revocation. The notice of appeal shall specify an address at which the person appealing may be given notice of hearing on the appeal. C. At the appeal hearing before the Council, the applicant or person appealing shall be entitled to appear in person and offer evidence pertinent to the denial, suspension or revocation or may appear through legal counsel. The Clerk, Chief of Police, and/or legal counsel for the City shall likewise be entitled to appear at the hearing and offer evidence in support of the denial, order of suspension or revocation. Failure by applicant, person appealing, or their legal counsel to appear before Council at the time scheduled to hear such an appeal shall result in the automatic denial of such appeal. D. The Council shall determine whether the denial, suspension or revocation shall be sustained and shall make a final reasoned statement in writing within fifteen (15) business days following the close of the hearing. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011; 2012-02, 01/03/2012) Sec. 3-12. Carrying Proof of Registration Required. Proof of Registration issued under this Chapter shall be carried at all times by the person to whom it is issued when such person is peddling, soliciting or canvassing in the City and shall be exhibited by said Peddler, Solicitor, or Canvasser whenever requested to do so by a peace officer or any person peddled to, solicited or canvassed. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011; 2012- 02, 01/03/2012) Sec. 3-13. Hours of Operation. Peddlers, Solicitors, and Canvassers who conduct their business by going door to door to residences or telephoning residences shall do so only between the hours of nine (9:00) o'clock a.m. and eight (8:00) o'clock p.m., local time. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011; 2012- 02, 01/03/2012) Sec. 3-14. Exemptions. The requirements of this Chapter shall not apply to: A. Newspaper carriers, whether subscriptions are taken or not; B. Any person licensed or registered to do such business by the State of Idaho; C. Any person under the age of eighteen (18) unless employed by another person or organization; D. Any political activity protected by the First Amendment of the United States Constitution, political canvassing, and census taking; E. Any person who attempts to enlist ---PAGE BREAK--- § 3-14 TITLE 9 — BUSINESS REGULATIONS § 3-16 support for or against a particular religion, philosophy, ideology, political party, issue, or candidate, even if, incidental to such purpose, such person accepts a donation of money for or against such cause; F. Occasional sales or fund-raising efforts by local schools, university student groups, local service clubs, representatives of any charitable or nonprofit organization, and the like; G. Any person distributing a newspaper, handbill or flyer advertising a non- commercial or commercial event, activity, good, or service; H. Any person who solicits sales or orders for purchase as long as such sales occur in a location where such sales are not prohibited by the Zoning Code; I. Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor truthfully represents, in each case, that the entire amount collected shall be turned over to the named beneficiary. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011; 2012-02, 01/03/2012) Sec. 3-15. Unlawful Conduct. No person issued Proof of Registration hereunder shall: A. Make physical contact with a person being peddled to, solicited or canvassed unless such person's prior permission is obtained; B. Misrepresent the purpose of the peddling, solicitation or canvass; C. Misrepresent the affiliation of any person engaged in the peddling, solicitation or canvassing; D. Continue efforts to solicit or canvass a person once that person informs the Peddler, Solicitor, or Canvasser that he or she does not wish to give anything or to buy anything from that Peddler, Solicitor, or Canvasser; E. Represent the issuance of Proof of Registration under this Chapter as an endorsement or recommendation of the peddling, solicitation or canvassing; F. Enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect; G. Knowingly make any false statement on an application for Proof of Registration hereunder; H. Engage in any fraud, misrepresentation or false statement in the course of carrying on the business for which Proof of Registration is required hereunder. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011; 2012-02, 01/03/2012) Sec. 3-16. Violations; Penalties. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be punished pursuant to this Code and the Idaho Code. (Ord. 2004-04; 01/05/04; 2011-16, 09/19/2011)