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HomeMy WebLinkAboutORD 2121ORIGINAL e ORDINANCE NO. j: .1.2-+4...•. .AN ORDINANCE OF UZ CITY OF RENTON, W-ASHINGTON AMENDING SECTION 5-2W6 OF TITLE V ( BUSINESS REGULATIONS) OF ORDINANCE NO. 162f' ZNTMED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" P,ELATING TO "PEDDLERS AND SOLICITORS". BE IT ORDAINED BY THE 14AYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOi,7S : SECTION I: E:cisting Section 5-2606 entitled "LICENSE FEE" of Title V (Business Regulations) of Ordinance No. 162£., entitled "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" is hereby amended to read as follows: SECTION 5-2606 AS AMENDED: LICENSE FEE: Prior to the issuance of any such license by the City Clerk the applicant shall pay a license fee of Five Dollars ($5.00) per day or Thirty Dollars ($30.00) per r-,onth, or if issued for a period of five months or more, but not to exceed twelve months, or on an annual basis, such license fee shall be in the sum of $1:0.00 per year. For the purpose of this Ordinance any period of more than seven calendar days, but not more than thirty calendar days, shall be considered one r�lonth in com- puting such license fee; The annual fees herein provided for shall be assessed on a calendar year basis and on and after July 1 the amount of the fee for such annual licenses shall be one-half the a_iount stipulated for the rerlainder of the year. Such license, when issued by the City Clerk, shall contain the signature and seal of the issuing officer and shall show the naE_te, address and photograph of said licensee, the nature of the license issued and the kind of goods to be sold thereunder, the aunount of fee paid, the dote of issuance and the length of tit -e the same shall be operative, as well as the license nut,ber and other identifying des- cription of any vehicle used in such peddling or soliciting. SECTION II: This Ordinance shall be in full force and effect froi and after its passage, approval and legal publication. SECTION III: Any Ordinances, or parte of Ordinances in conflict herewith are hereby expressly repealed. PASSED BY THE CITY COUNCIL this�day of November, 1964. APPROVED BY THE MAYOR this-41yday o ovezaber, 964y LSV ' &SI I mill ona 1 ', Custer, yor APPROVED AS TO FORNl: Gerard M. Shellan, City Attorney PUBLICATION DATE 1111-f/In i' H t•� 9-58 CHAPTER 26 SECTION: 5-2601: Peddlers and Solicitors Defined 5-2602: License Required 5-2603: Application for License 5-2604: Investigation of Applicant 5-2605: City Clerk to Keep Records 5-2606: License Fee 5-2607: Unlawful Act 5-2608: Enforcement; Report of Violations by Chief of Police to Clerk 5-2609: Surety Bond Required 5-2610: Revocation of License, Notice of Hearing 5-2611: Right of Appeal 5-2601: C PEDDLERS AND SOLICITORS DEFINED:. The word "peddler" or "solicitor" is defined as any individual, whether resident of the City or not, travelling either by foot, wagon, 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 nature whatsoever for future delivery, or for services to be furnished or performed 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 payment on such sales or not, or who carries, conveys, or transports and offers for sale or sells goods, wares and merchandise of every type unless specifically excluded by the terms of this Chapter; Provided, however that such definition and the terms of this Chapter shall not apply to any farmer or gardener who sells or offers for sale vegetables, berries, butter, eggs, fish, milk, poultry, meats or any farm product or edibles raised, caught, produced or manu- factured by such person in anyplace in this State, neithershall this.definition nor the terms of this Chapter apply to any person peddling newspapers or magazines within a regularly established route. 5-2602: LICENSE REQUIRED: It shall be unlawful for any person to engage in the business of peddler or solicitor as defined in the immediately preceding Section within the City Limits without first obtaining a permit and license therefor as provided herein. 5-2603: APPLICATION FOR LICENSE: Applicants for license under this Chapter, whether a person, firm, or corporation, shall file a written sworn application signed by ilia applicant, if an individual, by all partners If a partnership, and by the President or Secretary -Treasurer, if a corporation, with the City Clerk, showing: (A) The name or names of the person or persons having the management or super- vision of the applicant's business during the time that it isproposed that it will be carried on in the City; the local address. or addresses of such person or persons while engaged in such business; .the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or'otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation under the laws of what state the some is incorporated; (B) The place or places in the City where it is proposed to carry on applicant's business, and the length of time during which it is proposed that said business shall be conducted. (C) A brief description of the nature of the business and the goods to be sold; (D) If a vehicle is to be used in the conduct of such business, a description of the same, together with license number or other means of identification. (E) A photograph of the applicant, taken within ninety (90) days immediately prior to the date of the fi l ing of the application, which picture shall be two inches by two inches (2" by 2") showing the head and shoulders of the applicant in a clear and distinguishing manner, (F) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers and, if required by the City Clerk, copies of all said advertising whether by handbills, circulars, newspaper adver- tising or otherwise, shall be attached to said application as exhibits thereto; (G) Whether or not the person or persons having the management or supervision of the applicant's business had been convicted of a crime, misdeamnor or the violation of any City law; the nature of such offense, and the punishment as assessed therefor; (H) Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative; (1) Such other reasonable information as to the identity or character of the person or persons handling the management or supervision of the applicant's business or the method or plan of doing such business as the City Clerk may deem proper to fulfil the purpose of this Chapter in the protection of the public good. 5-2604: �7 INVESTIGATION OF APPLICANT: Upon receipt of such application, the City Clerk shall turn the application and all exhibits and other pertinent information over to the Police Chief of the City, and the Police Department shall cause such investigation of such person or person's business responsibility or moral character to be made as it deems necessary to the protection of the public good. Such investigation, in any case, to be made within fifteen (15) days from the date of such application. If, as a result of the investigation, the character and business reputation appearto be unsatisfactory, the application shill be denied. If, as a result of the investigation, the ch!racterand Eli err fI ,'u vi1 business reputation appear to, be satisfactory, the Police Chief shall socertify in writing and a license shall be issued by the City Clerk upon compl fiance with the other requirements. 5-2605: CITY CLERK TO KEEP RECORDS: The City Clerk shall keep a full . record in his office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of said license, the place where said business may be carried on under said license, and the name or names of the person or persons authorized to carry on the same. 5-2606: LICENSE FEE:IPrior to the issuance of any such license by the City Clerk the applicant shall pay a license fee of f v� o tars ($5.00) ry per day or thirty dollars $30.00) per month, or if issued on an ann�oy" basis, such license fee shall be in the sum of 6hqhundred and fifty dollars ($150.99Yper year. For the purpose of this Chapter, an eriod of more th seven (7) calendar days, but not more than thirty (30) calendar days, shcdl be considered one (1) month in computing such license fee; likewise any period of more t n thirty (30) calendar days and not more than one (1) calendar year shall be treated as o ) year. The annual fees herein provided for shall be assessed on a calendar yea asis an n and after July 1 the amount of the fee for such annual licenses shall be o -half (1/2) the mount stipulated for the remainder of the year. L_2 Such license, when iss d by the City Clerk, shall contain th signature and seal of the issuing officer and all show the name, address and photograph o said licensee, the nature of the license ' ued and the kind of goods to be sold thereunder, th amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license numbe nd other indentifying description of any vehicle used in sped ing or soliciting 5-2607: UNLAWFUL ACT: No license issued under the provisions of this Chapter shall be used or worn at any time by any person other than the one to whom it was issued by the City Clerk. No peddler or solicitor as defined herein, nor any person in his behalf, shall shout, make any out -cry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or soundamplifying system upon any of the streets, alleys, parks or other public places of said City, or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares, or merchandise which licensee proposed to sell. .�.1 No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall any person be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might or tend to impede or inconvenience the �k public. For the purpose of this Chapter, the judgment of the Chief of Police, exercised in good faith; shall be deemed conclusive as to whether the area is congested or the public ;M impeded or inconvenienced. �j�� 9-58 5-2608: ENFORCEMENT; REPORT OF...VIOLATIONS BY CHIEF OF POLICE TO -CLERK: It shall be the duiy of any Police Officer of the City to require any person seen peddling or soliciting, upon such officer's request, to produce his peddler's or solicitor's- license and to enforce the provisions of this Chapter against any person found to be violating the some. The Chief of Police of the City shall report to the City Clerk all convictions for violation of this Chapter, and the City Clerk shall maintain a record for each license issued and record the reports of violation therein. 5-2609:.. -`' SURETY BOND REQUIRED: Every applican'i shall, simultaneously with the issuance of such license by th. City Clerk, file with the City Clerk a surety bond, running to the City in the amount of one thousand dollars ($1,000.00) with surety acceptable to and approved by the City Clerk, conditioned that the licensee shall comply fully with all the provisions of the laws of the City and the laws of the State of Washington regulating and concerning the business of peddlers and solicitors and guaran- teeing to any citizen of the City that all monies paid as a down payment will be accounted for and applied according to the representations of the peddler and/or solicitor, and further guaranteeing to any citizen of the City doing business with said peddler or solicitor that the property purchased will be delivered according to the representations of said peddler or solic- itor. Action on such bond may be brought in the name of the City to the use or benefit of the aggrieved person. 5-2610: REVOCATION OF LICENSE; NOTICE OF HEARING: Licenses issued under the provisions of this Chapter shall be revoked by the City Clerk after notice and hearing for any of the following causes: (A) Fraud, misrepresentation, or false statement contained in the application for license; (B) Fraud, misrepresentation, or false statement made in the course of carrying on his business as peddler or solicitor; (C) Any violation of this Chapter; (D) Conviction of any crime ormisdemeanorinvolving moral turpitude; (E) Conducting the business of soliciting or peddling in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. Notice of the hearing for revocation of license shall be given in writing by the City Clerk, setting forth specifically the grounds of complaint and the time and place of hearing. Such notices shall be mailed, postage prepaid, tothe licens--pat his lost known address at least five (5) days prior to the date set for hearing. 5-2611: RIGHT OF APPEAL: Any person aggrieved by the action of the City Clerk in the denial or revocation of a license as provided in the immediately preceding Section of this Chapter, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Council, within ten (10) days after notica 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 hearing on such appeal and notice of such hearing shall be given to the appallant in the same manner as provided in the immediately preceding section for notice of hearing on revocation of license. The decision and order of the Council on such appeal shall be final and conclusive. (Ord. No. 1682 6-17-1958)