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HomeMy WebLinkAbout1960-02-01 (142) Regulation and Licensing of Solicitors and Canvassers r ' JLL ORDINANCE NO. AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, DEFINING, REGULATING AND LICENSING SOLICITORS AIM CANVASSERS AND PROVIDING . PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA: SECTION 1. Permit and License Required: It shall be unlawful for any solicitor or canvasser, as defined in Section 2 of this ordinance, to engage in such business within the corporate limits f Zephyrhills, Florida, without first obtaining a permit and license therefor in compliance with the provisions of this section. SECTION 2. Definition:: A canvasser or solicitor is defined as any individual, whether resident of Zephyrhills, Florida; or not, traveling either by foot, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nat re wkiatsoever for -future delivery, or for services to be furnished or p rformed in the future,. whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm or corporation, '-hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, abartment house, motel room or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery, Provided further that such definition shall not include wholesale salesmen who sell goods only to retail merchants and other wholesalers for re-sale. SECTION 3. Application- Applicants for permit and license under this ordinance must file with the City Clerk a sworn application it writing (in duplicate) on a form. to be furnished by the City Cler1 which shall give the following information: (a) Name and description of the applicant; (b) Permanent home address and full local address of the applicant; -1- ( c) A brief description of the nature of the business and the: goods to be sold; . (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (e) The length of time for which the right to do business is desired; (f) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time such application is filed, and the proposed method of delivery; (g) A photograph of the applicant taken within 60 days immediately prior to the date of filing of application, which picture shall be 2•«r x 2t' showing the head and shoulders of the applicant in ajclear and distinguishing manner; (h) The fingerprints of the applicant and the names of at least two reliable property owners of Pasco County, Florida, w o will certify as to the applicant' s good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsi- billity of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (1) A Statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; ( j) A statement by a reputable physician of Pasco Count , Florida, dated not more than 10 days prior to the submission of the application, certifying the applicant to be free of contagious, infectious, or communicable diseases. At the time of filing the application, a fee of $1.00 shall be paid to the City Clerk to cover the cost of investigation of the facts stated therein. SECTION 4. Investigation and Issu nne: (a) Upon receipt of such application}, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant' s business and moral character to be made as he deems necessary for the protection of the public good. (b) If as the result of such investigation the applicant' s character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return thesaid application to the City Clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. (c) If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for tjae carrying on of the business applied, for and return said permit, along with the application to the City Clerk, who shall, upon pay- ment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signa- ture and seal of the issuing officer and shall show the name, address and photograph of the said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance, and the length of time the same shall be operative,, as well as the license number and other identi fying description of any vehicle used in such soliciting or can- ; vssing. The Clerk shall keep a permanent record of all licenses issued® SECTION 5s Fees : (a) The license fee which shall be charged by the City Clerk for such license shall be $1.50 per day, $,5.00 per week, $10.00 per month, $50.00 per year* -,(:b) The term of the annual license shall commence October let of each year and shall expire September 30th of each year, and on or after April first the amount of such fee for annual license shall be one-half the amount stipulated above, for the remainder of the year. • (c) None of the license fees provided for by this ordirlanee shall be so applied as to occasion an undue burden upon interstate commerce, In any case where a license fee is believed by a -3- 'icensee or applicant for license to place an undue burden upon such commerce, he may apply to the City Clerk for an adjustment o the fee so it shall not be discriminatory, unreasonable or unfair a to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license p ym h pr scr b��. lxce se fee. The applicant shall, by affidavit and supporting testimony, show his m thod or business and the gross volume or estimated gross volume f business and such other information as the City Clerk deem s may necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Clerk shall then conduct an in- vestigation, comparing applicant's business with other businesses of like nature, and shall make findings of fact from which he shall determine whether the fee fixed by this ordinance is unfair, un- reasonable, or discriminatory as to, applicant' s business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and non-discriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Clerk shall have g � the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Section 5 (a) of this ordinance . Should the City Clerk determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applica ts business in said city or at the end of each three month period, a sworn statement of the gross sales and pay the amount of fee there- for, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license fee as prescribed in this section. SECTION 6. Bond: Every applicant, not a resident of Zephyrhills, Florida, or who being a resident of Zephyrhills, Florida, represents a firm whose principal place of business is located outside the .Sate ate of Florida, shall file with the City Clerk a surety bond running to the said city in the amount of $1,000.00, with surety acceptable to -4- and approved by the City Clerk, conditioned that such applicant shall comply fully with all of the provisions of the ordinances of Zephyrhills, Florida, and of the statutes of the State of Florida regulating and concerning the business of solicitor, and guaranteeing to any citizen of Zephyrhills, that all money Florida, paid as a down payment will be accounted for and applied according to the repre- sentations of the solicitor and further guaranteeing to any citizen of Zephyrhills, Florida, doing business with said solicitor, that the property purchased will be delivered according to the representations of said solicitor' Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved person. SECTION 7., Badges : The City Clerk shall issue to each licensee at the time of delivery of his license a badge, card, or other ty e. of credential which shall contain .the words «Licensed Solicitor's', the period for which the license is issued and the number of the license, in. letters and figures easily discernable from a distance of six feet. Such badge, card, or other credential, shall, durin the time the licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous. SECTION 8. Exhibition of License : Solicitors and canvassers a e required to exhibit their licenses at the request of any citi en. SECTION 9. Duty:.°of Police to Enforce :. It shall be the"duty of any police.. officer of Zephyrhills, Florida, to require any person seen soliciting or canvassing, and who is not known by such offic r to be duly licensed, to produce his solicitor' s or canvasser's license and to enforce the provisions of this ordinance against any person found to be violating the same. SECTION 10. Records :: The Chief of Police shall report to t Le City Clerk all conviction g for violating of this ordinance and the C ' ty Clerk shall maintain a record for each license issued and record t e reports of violation therein. SECTION 11. Revocation of License: • (a) Permits and licenses issued under the provisions of this ordinance may be revoked by the City Clerk of Zephyrhills, Florida, after notice and hearing, for any of the following causes :. -5-. I . I I (1) Fraud,. misrepresentation, or false s,tateme�h.t contained in the application for license; (2;) Fraud, misrepresentation, or :false statement made in the course. of carrying on his business as solicitor or a.s canvasser; (3) Any-violation of this ordinance; (4) Conviction of any crime or misdemeanor involvi g moral turpitude ; or (5) Conducting the business of soliciting, or of canvassing, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (b) Notice of the hearing for revocation of a license shall be given in writing,. setting forth specifically the grounds of corn plaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at leastfive days prior to the date set for hearing. SECTION 12. Appeal: Any person aggrieved by the action of the Ch of of Police or the City Clerk in the denial of a permit or licinm as provided in Section 4 of this ordinance, or the action of the City Clerk in the assessing of the fee as provided in Section 5 of th' s ordinance shall have the right of appeal to the City Council of1the City of Zephyrhills, Florida. Such appeal shall be taken by filing with the City Council, within fourteen days after notice of the action complained of has been mailed to such person' s last kno7 address, a written statement setting forth fully the grounds for the ap, eal. The City Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 11 of this ordinance for a notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive SECTION 13. Expiration of License : All annual licenses issu�d under the provisions of this ordinance shall expire on the 30th day of September in the same manner and subject to the same provisions and penalties as provided for other licenses. SECTION 14. Night Time Soliciting Prohibited: It shall be -6— s i ' unlawful for any person, whether licensed hereunder or not, to solicit or canvass during the nighttime. SECTION 15. Penalty: Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be- punished by a fine not to exceed $200.00, or by imprisonment not to exc.eed sixty (60) days,. or by both such fine and, imprisonment. SECTION 16. Saving Clause : The provisions of this ordinance are declared to be sex-y •+ - If any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance ; but they shall remain in effect, it being the legislate e intent that this ordinance shall stand notwithstanding the invalidity of any part. SECTION 17. Prior Ordinances Repealed: All ordinances or parts of ordinances inconsistent with the provisions of this ordinance and the same are hereby repealed. SECTION 18. Effective Date : This ordinance shall take effec upon being passed and approved as provided by the City Charter of the City of Zephyrhills, Florida. The foregoing ordinance No. was read •and passed on its first reading by the Ceti .o-wresl of the City of Zephyrhills, Florida, �_ r� 1GL LL on the .�day of_ - ' l960. , l960. re en o i y ounce Attestg% - ' 2 y er The foregoing ordinance No. was read and passed on its second readin by the Cit icil of the City of Zephyrhills, Florida on the of Pr den of C Council Attest y Clerk -7- The foregoing ordinance No. was read and passed on its t reading by the City Council of the City of Zephyrhills, Florida, on the day of 0 eSl en 01/ Uouncl-L Attest y Clerk The foregoing fore oin Ordinance No. approved by me this / day of �' , 1960. I \ � J (p /, /�' r `�''� �!•��f /��"`'ter bL