cityofalbany.net

Chapter 5.08
PEDDLERS – SOLICITORS

Sections:

5.08.010    License required.

5.08.020    Peddler – Solicitor defined.

5.08.030    Applications.

5.08.040    Investigation and issuance.

5.08.050    License fee.

5.08.055    License application fee exemptions.

5.08.060    Transfer of license.

5.08.070    Exhibition of license.

5.08.080    Enforcement.

5.08.090    Revocation of license.

5.08.100    Appeal.

5.08.120    Loud noises and speaking devices.

5.08.130    Hours of solicitation.

5.08.010 License required.

It is unlawful for any person to engage in business as a peddler or solicitor, as defined in this chapter, within the corporate limits of the City, without first obtaining a license as herein provided. (Ord. 2764 § 1, 1958).

5.08.020 Peddler – Solicitor defined.

“Peddler” or “solicitor” shall mean any door-to- door salesperson who sells or offers for sale any merchandise or services by traveling about the City in residential districts. (Ord. 4580 § 1, 1983; Ord. 2764 § 2, 1958).

5.08.030 Applications.

A licensee, under this chapter, must file with the City Recorder a sworn application, in writing, on a form to be furnished by the City Recorder, which shall give the following information:

(1) The name and description of the applicant;

(2) Address, both permanent and local address, if any;

(3) A brief description of the nature of business and the goods or services to be sold. In the case of products of farms or orchards, a statement whether the produce to be sold is grown by the applicant;

(4) If the applicant is employed, the name and address of the employer, together with credentials establishing an exact relationship, except in the case of a nonprofit organization, a photograph of the applicant shall be furnished which photograph shall have been taken within 60 days immediately prior to the date of the filing of the application and shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner. (Ord. 5013 § 1, 1992; Ord. 2764 § 3, 1958).

5.08.040 Investigation and issuance.

(1) Upon receipt of a license application and fee, in proper form, the City Recorder shall then issue a license card addressed to the applicant for the carrying on of the business applied for. The license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, if the licensee is not a nonprofit organization, and the kind and goods to be sold thereunder, the date of issuance and the expiration date of the license. The City Recorder shall keep a permanent record of all licenses in accordance with the State of Oregon Archives Division retention schedule.

(2) If the application is returned from the Chief of Police endorsed “unsatisfactory”, the City Recorder shall notify the applicant that his/her application has been disapproved and for the reasons thereof. (Ord. 5026 § 1, 1993; Ord. 4580 § 2, 1983; Ord. 2764 § 4, 1958).

5.08.050 License fee.

(1) Except as herein specifically exempted for payment of fees, all persons applying for a license shall pay a fee in the sum of [____] as an application and license fee. Licenses may be renewed on an annual basis upon payment of a license fee in the amount of [____].

(2) All licenses run from January 1st to December 31st, inclusive. (Ord. 5013 § 1, 1992; Ord. 4580 § 3, 1983; Ord. 4332 §§ 1, 2, 1980; Ord. 2764 § 5, 1958).

5.08.055 License application fee exemptions.

The provisions of this chapter requiring a license application and application fee shall not apply to:

(1) One selling products of the farm or orchard actually produced by the seller;

(2) A newspaper carrier soliciting subscriptions;

(3) A person calling upon business firms soliciting orders for goods or services which are regularly used by the business firm in their regular course of business; or

(4) Milk, groceries, or other merchandise, deliveries or services ordered by a resident or sold by an area merchant and delivered to the purchaser as a service;

(5) Schools or other nonprofit corporations or organizations which have obtained federal tax exempt status and the agents thereof. (Ord. 5013 § 1, 1992; Ord. 4580 § 4, 1983).

5.08.060 Transfer of license.

No license shall be used at any time by any person other than the one to whom it is issued. (Ord. 2764 § 6, 1958).

5.08.070 Exhibition of license.

Peddlers and solicitors are required to exhibit their license card at the request of any citizen. (Ord. 2764 § 7, 1958).

5.08.080 Enforcement.

It shall be the duty of any police officer of the City to require any person seen peddling or soliciting and who is not known by the officer to be duly licensed to produce his/her license card and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 5013 § 1, 1992; Ord. 2764 § 8, 1958).

5.08.090 Revocation of license.

(1) Licenses may be revoked by the City Recorder for any of the following causes:

(a) Fraud and misrepresentation or false statement contained in an application for license;

(b) Fraud and misrepresentation or false statement made in the course of carrying on the business as peddler or solicitor;

(c) Any violation of the Albany Municipal Code;

(d) Conducting the business of peddling or soliciting in an unlawful manner or in such a manner to constitute a menace to the health, safety or general welfare of the public.

(2) Notice of hearing for revocation of a license shall be given in writing setting forth the grounds of the complaint and the time and place for hearing. The notice shall be mailed, postage prepaid, to the licensee at his/her last known address at least five days prior to the date set for hearing. (Ord. 5013 § 1, 1992; Ord. 4580 § 5, 1983; Ord. 2764 § 9, 1958).

5.08.100 Appeal.

Any person aggrieved by the action by the Chief of Police or the City Recorder in denial or revocation of his/her license shall have the right to appeal to the City Council. The appeal shall be taken by filing with the Council within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for the hearing of the appeal and notice of the hearing shall be given to the appellant in the same manner as notice of revocation. The decision and order of the Council on the appeal shall be final and conclusive. (Ord. 5013 § 1, 1992; Ord. 2764 § 10, 1958).

5.08.120 Loud noises and speaking devices.

No peddler, nor any person on his/her behalf, shall shout, make any outcry, or use any sound device where sound of sufficient volume is emitted or produced therefrom to be capable of being heard at a distance of more than 200 feet upon the streets, alleys, avenues, parks or other public places. (Ord. 5013 § 1, 1992; Ord. 2764 § 12, 1958).

5.08.130 Hours of solicitation.

No persons shall engage in soliciting any place in the City during the period from 9:00 p.m. until 9:00 a.m., unless otherwise specified on the solicitors’ license. (Ord. 4580 § 6, 1983).