Sec. 36-15. - Required; exceptions.

(a)

It shall be unlawful for any person not engaged in a duly licensable business in the city to solicit and take orders for the future delivery of goods, wares, merchandise, magazines, photographs to be taken in the future or any other article on the public streets, lanes or alleys, or in any public place adjacent to the same, or from house to house, in the city, without having first obtained a permit so to do from the chief of police.

(b)

This section shall not apply to organizations soliciting pursuant to permission granted under section 36-3, nor shall it apply to those organizations properly registered with the state administrator of consumer affairs, so long as proof of their registration is on file with the chief of police prior to any solicitation in the city.

(c)

When a permit required by this section has been issued to any entity other than an individual, the individual agents and solicitors for such permittee shall not be required to obtain individual permits.

(Ord. No. 1594, § 1; Ord. No. 1987; Code 1961, §§ 35-2, 35-2.1, 35-3; Ord. No. 2520-79)

Sec. 36-16. - Application generally.

An application for a permit required by this article shall be made to the chief of police in letter form. Such application shall be sworn to and filed with the chief of police at least fifteen (15) days prior to the time at which the permit applied for shall become effective; provided, however, that the chief of police may, for good cause shown, allow the filing of an application less than fifteen (15) days prior to such effective date. The application shall contain the following information, or in lieu thereof, a detailed statement of the reasons why such information cannot be furnished:

(1)

The name, address or headquarters of the person applying for the permit.

(2)

If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of the applicant's records.

(3)

The kind of goods, wares or merchandise offered for sale and whether such applicant, upon any such order obtained, will demand, accept or receive payment or deposit of money in advance of final delivery.

(4)

The period of time the applicant wishes to solicit or take orders in the city, giving the preferred dates for the beginning and ending of such solicitation.

(5)

The names and addresses of the person who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation.

(6)

An outline of the method or methods to be used in conducting the solicitation.

(7)

A statement to the effect that, if a permit is granted, it will not be used or represented in any way as an endorsement by the city, or by any department or officer thereof.

(8)

A statement to the effect that, if a permit is granted, no person under the age of sixteen (16) will be permitted to solicit.

(9)

A statement as to whether or not the applicant has ever been convicted of a felony, and if so, under what circumstances.

(10)

Such other information as may be reasonably required by the chief of police in order to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of and not inimical to the public welfare.

(Ord. No. 1594, § 1; Code 1961, § 35-3)

Sec. 36-17. - Notice of changes affecting information given in application.

If while any application filed under this article is pending, or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant or the permittee shall notify the chief of police in writing thereof, within twenty-four (24) hours after such change.

(Ord. No. 1594, § 1; Code 1961, § 35-3)

Sec. 36-18. - Misrepresentation in application.

No person shall make any false statement or representation in any application filed under this article.

(Ord. No. 1594, § 1; Code 1961, § 35-10)

Sec. 36-19. - Applicant's photograph, references and fingerprints.

(a)

All applications for a permit under this article shall be accompanied by two (2) satisfactory photographs of the applicant and two (2) written references as to the applicant's good character, such photographs to be attached to the application.

(b)

All applicants for a permit under this article shall be fingerprinted by the police department and the chief of police shall send the prints to the Federal Bureau of Investigation for checking.

(Ord. No. 1594, § 1; Code 1961, § 35-3)

Sec. 36-20. - Applicant's bond.

If an application filed pursuant to this article shows that the applicant filing the same will receive, demand or accept the payment or deposit of money in advance of final delivery of goods, wares, merchandise or articles sold, or magazines, photographs or other articles, such application shall be accompanied by a bond in the penal sum of five hundred dollars ($500.00) or by a certified check in the amount of five hundred dollars ($500.00). Such bond shall be executed by the applicant as principal, and a surety company licensed to do business as such in the state, and must be approved by the city attorney. Such bond shall be conditioned upon making final delivery of such goods, wares, merchandise, magazines, photographs or other articles in accordance with the terms of any order or orders obtained. Such bonds shall be for the use and benefit of all persons who may pay in advance or make an advance deposit on the purchase price of such orders, and the terms of such bond shall so stipulate.

(Ord. No. 1594, § 1; Code 1961, § 35-4)

Sec. 36-21. - Fee.

The fee for a permit required by this article shall be thirty dollars ($30.00), which shall be paid at the time the permit application is filed. Such fee is imposed to help defray the cost of administering and enforcing this article and shall not be refunded if the permit is refused.

(Ord. No. 1594, § 1; Code 1961, § 35-3; Ord. No. 3801-88)

Sec. 36-22. - Term.

No permit as applied for under this article shall be issued for a longer period than twelve (12) months.

(Ord. No. 1594, § 1; Code 1961, § 35-5)

Sec. 36-23. - Constitutes identification card to be carried and displayed while soliciting.

In the event a permit is obtained under this article, such permit shall constitute an identification card and shall be carried by the person obtaining such permit at all times, while engaged in soliciting or taking orders pursuant thereto. It shall be the duty of the permittee to have sufficient copies of the permit made in order to provide one (1) to each employee soliciting under the permit and each employee shall carry such copy while soliciting. It shall be the duty of each person soliciting pursuant to such permit to exhibit the same when requested by any person authorized to inspect such permit.

(Ord. No. 1594, § 1; Code 1961, § 35-5)

Sec. 36-24. - Exhibition or use of another person's permit.

No person shall exhibit or use any permit that has been issued to another person under this article. This section does not apply to an employee using or exhibiting a copy of such a permit pursuant to section 36-23.

(Ord. No. 1594, § 1; Code 1961, § 35-11)

Sec. 36-25. - Exhibition or use of altered permit.

No person shall exhibit or use a permit issued under this article that has been altered.

(Ord. No. 1594, § 1; Code 1961, § 35-11)

Sec. 36-26. - Denial.

(a)

The chief of police, upon denying a permit applied for under this article, shall set forth the findings, in writing, as to the reason for denying such permit and such findings shall be filed in the chief's office for public inspection. If the permit is denied, the chief of police shall notify the applicant by registered mail, at the address given in the application, stating the reasons for such denial.

(b)

Within five (5) days after receiving notification by registered mail that the application for a permit to solicit under this article has been denied, the applicant may file a written request for a public hearing on the application before the chief of police, together with written exceptions to the findings of fact upon which the chief based the denial. Upon the filing of such a request, the chief of police shall fix a time and place for the hearing and shall notify the applicant thereof. The hearing shall be held within five (5) days after the request is filed. At the hearing, the applicant may present evidence in support of the application and exceptions. Any interested person may, in the discretion of the chief of police, be allowed to participate in the hearing and present evidence in opposition to the application and exceptions.

(c)

Within ten (10) days after the conclusion of the hearing provided for in this section, the chief of police shall, by a written report, either grant or deny the application for a permit. In this report, the chief of police shall state the facts upon which the decision is based, and the running upon any exceptions filed to the original findings of fact upon the application. This report shall be filed in the chief's office for public inspection and a copy shall be served by registered mail upon the applicant and all parties to the hearing.

(Ord. No. 1594, § 1; Code 1961, § 35-7)

Sec. 36-27. - Suspension and revocation.

Whenever it shall be shown, or whenever the chief of police has knowledge, that any person to whom a permit has been issued under this article has engaged in any fraudulent practice or misrepresentation, has violated any of the provisions of this chapter, or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the chief of police shall immediately suspend the permit and give the permit holder written notice, by registered special delivery mail, of a hearing to be held within two (2) days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the chief of police based the suspension of the permit, and any other facts which may aid the chief of police in determining whether this chapter has been violated and whether the purpose of the solicitation has been misrepresented. If, after such hearing, the chief of police finds that this chapter has been violated or the purpose of the solicitation has been misrepresented, the chief shall, within two (2) days after the hearing, file in the chief's office for public inspection and serve upon the permit holder, and all interested persons participating in the hearing, a written statement of the facts upon which the chief bases such finding and shall immediately revoke the permit. If, after such hearing the chief of police finds that the chapter has not been violated and the purpose of the solicitation has not been misrepresented, the chief shall, within two (2) days after the hearing, give to the permit holder a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed.

(Ord. No. 1594, § 1; Code 1961, § 35-8)