Sec. 13-1. - Intent.

The purpose of this chapter is to regulate door-to-door selling of goods and services and solicitation of orders therefor, and to thereby promote the public health, safety and welfare.

(Ord. No. O-84-77, § 1, 11-12-84)

Sec. 13-2. - Permit required.

No person shall for commercial purposes sell, or solicit orders for, goods and services by going from door to door or from place to place without prior appointments with the residents or occupants thereof, without first having obtained a permit therefor from the town manager or manager's designee.

(Ord. No. O-84-77, § 1, 11-12-84)

Sec. 13-3. - Applications.

Applications for permits under this chapter shall be submitted to the office of the chief of police on a form available therefrom, and shall include the following information:

(1)

The full name of the applicant;

(2)

Permanent residence address of the applicant;

(3)

The applicant's temporary address in or in the vicinity of the town, if applicable;

(4)

The name and address of the applicant's employer or the organization with which the applicant is associated in connection with the sale activity or solicitation of orders;

(5)

The type(s) of goods and services to be sold or offered for sale;

(6)

The period for which the application is sought, which shall not exceed sixty (60) consecutive calendar days; provided, that the permit may be renewed for sixty-day periods without limit, upon proper application therefor.

(7)

A statement of any and all crimes of which the applicant has been convicted or has pleaded no contest in the ten (10) years preceding submittal of the application;

(8)

The age, height, weight and any other additional information which the manager may reasonably require for identification.

(Ord. No. O-84-77, § 1, 11-12-84)

Sec. 13-4. - Procedures for considering applications.

(a)

The town manager or manager's designee shall deny an application under this chapter only if the applicant has not submitted a completed application; has submitted false information; is not permitted by law to engage in such activity due to age or other factors; has been convicted of or has pleaded no contest to a felony charge within the ten (10) years preceding the submittal of the application; or has been within the previous five (5) years convicted of, or has pleaded no contest to, a misdemeanor charge involving theft, fraud, forging, uttering, other crimes of like nature or any crime involving moral turpitude.

(b)

The town manager or manager's designee shall approve or deny an application within a reasonable time after receipt of the application in the office of the chief of police.

(c)

If the town manager designates an employee of the town not in the town manager's office to approve or deny applications, the manager shall establish a procedure for administrative appeal of denials to the town manager or an assistant town manager.

(d)

The denial of an application by the town manager may be appealed to the town council within ten (10) days after written notice of such denial.

(Ord. No. O-84-77, § 1, 11-12-84)

Sec. 13-5. - Issuance of permits.

(a)

Permits shall include the applicant's full name; permanent address; temporary address, if any; the type(s) of goods or services to be sold or offered for sale; the firm by which the applicant is employed or the organization with which the applicant is associated; the period in which the permit is valid; and a statement that the issuance of the permit does not constitute an endorsement in any manner of the goods or services sold or offered.

(b)

As a condition for receiving a permit, the applicant shall leave a deposit of ten dollars ($10.00), refundable upon return of the permit to the office of the chief of police upon expiration of the permit.

(c)

The town manager may establish a fee of up to five dollars ($5.00) for the town's costs of processing of an application; provided, that the fee for a renewal application shall not exceed two dollars ($2.00), and that the council may by resolution authorize the town manager to set a higher fee in light of the costs of processing applications and preparing approved permits.

(d)

Anyone selling or offering for sale goods and services in a manner subject to section 13-2 shall carry the permit issued by the town and a driver's license or other photographic identification satisfactory to the town manager or manager's designee.

(Ord. No. O-84-77, § 1, 11-12-84)

Sec. 13-6. - Reserved.

Editor's note—

Ord. No. O-85-2, adopted Jan. 28, 1985, deleted § 13-6 which pertained to hours of sales and solicitation of orders as derived from Ord. No. O-84-77, § 1, adopted Nov. 12, 1984.

Sec. 13-7. - Revocation of permit.

A permit may be revoked by the manager for any reason for which the manager may have refused to issue such permit. Except for emergency reasons relating to the public safety or health, no permit shall be revoked except on forty-eight (48) hours prior written notice to the permit holder, and upon a hearing before the town manager or the town manager's designee. The notice shall specify the grounds for such revocation. The permit holder shall have the right to appear at the hearing and to present evidence. After such hearing, a permit may be revoked as provided above. A revocation by the town manager may be appealed to the town council within ten (10) days after written notice of such revocation. Such notice shall state the reasons for the revocation. A permit which has been revoked shall immediately be surrendered to the town manager.

(Ord. No. O-84-77, § 1, 11-12-84)

Sec. 13-8. - Exemptions from requirements of chapter.

This chapter shall not apply to:

(1)

Delivery of goods or services which have been ordered before delivery.

(2)

Circulation of petitions for signature or lawful distribution of advertising materials, flyers, or materials expressing views on political, social or religious matters.

(3)

Lawful promotion or expression of views concerning political, social, religious and other matters.

(4)

The sale of offering for sale of goods or services by representatives of nonprofit organizations.

(5)

The solicitation of contributions or pledges thereof for nonprofit organizations.

(6)

The sale or delivery of goods to a business establishment.

(Ord. No. O-84-77, § 1, 11-12-84)

Sec. 13-9. - Courtesy permits.

The town manager or manager's designee may issue a courtesy permit or card for identification purposes to a person who will be canvassing, soliciting, or selling for purposes exempted under section 13-8 from the regulations in this chapter. There shall be no fee for such a card or permit unless the applicant therefor desires to have a photographic identification, in which case the town manager may establish a fee to recover any costs to the town for such photographic identification. The courtesy permit or card shall specify that it does not authorize sale or solicitation of orders for commercial activities, and the courtesy permit or card shall identify the organization, if any, with which the applicant is associated for purposes exempt under section 13-8.

(Ord. No. O-84-77, § 1, 11-12-84)