ARTICLE 4.02 PEDDLERS, SOLICITORS, AND ITINERANT VENDORS
Sec. 4.02.002 Permit required; term
It is unlawful for any peddler, solicitor or itinerant vendor to engage in business within the city without first obtaining a permit from the chief of police, or his designee, as provided in this article. The permit required herein shall be valid for a period of six (6) months from the date of issuance.
Sec. 4.02.004 Permit application:
Any peddler or solicitor desiring to engage in a temporary business within the city must file a written application for a permit with the chief of police. The application shall include the following:
(1) Applicant's name, telephone number, address, birth date, physical description and either:
(A) Driver's license number and state; or
(B) Social security number and an official, government-issued picture identification card with photograph;
(2) If the applicant is peddling or making solicitations for any commercial organization that is not engaged in interstate commerce, the name, telephone number and address of such organization;
(3) Locally based nonprofit organizations are exempt from the formal permitting fee; however, they are required to notify the chief of police, or his designee, as to the approximate dates of the campaign, the areas in which they will be selling and a description of items to be sold;
(4) For each individual involved in the peddling or solicitation campaign: name, telephone number, address, birth date, physical description and either:
(A) Driver's license number and state; or
(B) An official, government-issued picture identification card with photograph;
(5) Description (year, make, type) and license plate number and state of all vehicles to be used in soliciting and peddling; (1997 Code, sec. 4.104)
(6) A statement as to whether or not the applicant or any individual involved has been convicted of any crime, misdemeanor or violation of any state or federal law or municipal ordinance or code; the nature of the offense; the punishment or penalty assessed therefore, if previously convicted; and the place of conviction;
(7) Current copy of the sales tax permit issued by the comptroller of public accounts of the state;
(8) If the applicant is a corporation, it shall file with its application a certified copy of its charter, and if it is not incorporated under the laws of the state, a certified copy of its present permit to do business in the state;
(9) Applicant must provide original identifying documents to the chief of police or his designee upon request;
(10) Any property owner, tenant, or lessee who allows a peddler to utilize his private property shall be responsible, along with the peddler, for compliance with the adopted zoning regulations of the city.
Sec. 4.02.005 Permit fees
(a) All peddlers, solicitors or itinerant vendors not exempted by section 4.02.006 of this code shall pay a permit fee of $50 per day. If any person engages in any activity coming under the provisions of this article through one or more agents or employees, such person shall pay an additional $5.00 for every additional agent or employee so engaged.
(b) Should a permit holder lose his or her permit, he or she may obtain a replacement permit for a fee as provided for in the fee schedule found in appendix A to this code.
Sec. 4.02.006 Permit fee exemptions
The following are exempt from the permit fee:
(1) Any individual soliciting or peddling for a philanthropic, charitable, political or religious organization;
(2) Any individual engaged in interstate commerce.
Sec. 4.02.007 Permit denial
(a) A copy of the application for a permit will be referred to the chief of police who will undertake an investigation of the applicant's record and background, such as shall be reasonably necessary to protect the public. An application for a permit under this article may be denied where:
(1) Required application information is incomplete or incorrect;
(2) The applicant is currently wanted on warrant for arrest.
(b) If the chief of police denies a permit, the applicant may appeal this decision in writing to the city council, which may affirm, modify or reverse the decision of the chief of police.
Sec. 4.02.008 Permit issuance and duration
(a) If the chief of police finds that the application is completed in conformance with section 4.02.004 through 4.02.007, a permit shall be issued within one working day. The permit shall be the original application under section 4.02.004 with an official stamp indicating approval of the chief of police.
(b) The chief of police shall retain one (1) copy of the approved permit for official records. The permit does not represent an endorsement or approval by the city of the purposes of a solicitation or a product offered by the permittee.
(c) Only those peddlers or solicitors whose names are listed on the approved application may conduct business under the issued permit. If any new peddlers or solicitors join the campaign after the original permit is issued, they must supply the chief of police with the information required in section 4.02.004.
Sec. 4.02.009 Permit display
Each peddler or solicitor will carry his/her permit at all times while engaging in business in the city. Upon request or demand, the peddler or solicitor will exhibit the permit to indicate compliance with all of the relevant requirements of this article.