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HomeMy WebLinkAboutORD 1682ORDINANCE NO, AN :ORDINANCE OF THE CITY OF RENTON, WASHINGTON,, DEFINING, REGULATING,_ AND LICENSING PEDDLERS AND SOLICITORS WITHIN THE CITY -OF RENTON; PROVIDING PENALTIES.FOR THE VIOLATION THEREOF AND.REPEALINGALL ORDINANCES .AND PARTSOFORDI- NANCES IN CONFLICT HEREWITH. BE IT.ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: SECTION I: It shall be unlawful for any person to engage in the business of peddler or solicitor as defined in the immediately succeeding paragraph within the corporate limits of .the City of Renton without first obtaining a permit and license therefor as provided herein. SECTION IIs The word iperson" as used herein shall include the singular and the plural and shall also mean and include any person, firm, or corporation, association, club, co -partnership or society, or'any other organization. The word „peddlerfe or'asolicitor" is defined as any individual, whether resident of the City of Renton 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 or 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 ordinance; PROVIDED, HOWEVER, that such definition and the terms of this ordinance 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 manufactured by such person in anyplace in .this State, nor shall this definition nor the terms of this ordinance apply to any person peddling or magazines newspapers/within a regularly estabiished.route. SECTION III: Applicants for license under this ordinance, whether a person, firm,.or corporation, shall file a written sworn application signed by the 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: -1- a. The name or names of the persons or person having the management or supervision of .applicants business during the time that it is proposed that it will be carried on in the City of Renton; 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 corpora- tion for whose account the business will be carried on, if any; and if a corporation under the laws of what state the same is incorporated; b. The place or places in .the City of Renton where it is proposed to carry "on applicantts 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;.so.ld; c :! :._ d. if a vehicle is to be used in the conduct of such business, a descriptionofthe same, together with license number or other means of identification. e. .A photograph of the applicant, taken within 90 days.immediately prior to the date of the filing of the application, which picture shall be 2 inches by 2 inches. 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, circular,.newspaper advertising 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, misdemeanor or the violation of any -Municipal Ordinance, the nature of such offense, and the punishment as assessed therefor; -2- h. Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative; i. Such other reasonable information as to the identity or character of the person or persons handling the management or supervision of the applicant+sbusiness or the method or plan of doing such business as the City Clerk may deem proper to fulfill the purpose of this Ordinance in the protection of the public good. SECTION IV: Upon.receipt of.such.application, the City Clerk shall turn^theapplication and all exhibits and other pertinent information over to the Police Chief of the City of.Renton, and the .Police Department shall cause such in.+ vestigation of such person's or personst business. responsibility or moral character to be made as it deems. necessary to the protection of the public good. Such in- vestigation, in any -case, to be made within 15 days from the date of such application. If, as a result of such investigation, the applicant's character and business re- sponsibility are found to be unsatisfactory, the application shall be denied. If as a result of the. -investigation, the character and business reputation appear to. be satisfactory, the Eo1iced=t.Chief..:*ShAl . ,so .certify in writing and a license shall upon compliance with the other requirements hereof. be issued by the City Clerk,[ The City Cleric 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 carryon the same. SECTION V: 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 month, or if issued on -an .annual basis, such license fee shall be in the sum of per year. JSo 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 month in computing such license fee; likewise any period of more than thirty calendar days and not more than one calendar year shall be treated'.as one year. -3- 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 amount stipulated for the remainder 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 name, address and photograph of said licensee, the nature of the 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 we -11 -as the license number and other identi- fying description of any vehicle used in such peddling or soliciting. SECTION VI: No license issued under the provisions of this Ordinance shall be used_or worn at any time by any person other than the one to whom it was issued by the.City.Clerk. SECTION VII: No peddler or solicitor as defined herein,, nor .any -person in his behalf,- shall shout, make any-cry«out, blow a horn, ring a bell.or use any sound device,. including any loud speaking radio or sound amplifying 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. SECTION VIII: No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall any 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 public. For the purpose of this Ordinance, the judgment of the .Chief of Police, exercised in good faith, I shall be deemed conclusive as to whether the area is congested.or the public im» peded or inconvenienced.- SECTION inconvenienced: SECTION IX: It shall be the duty -of any.Police Officer of the City of Renton to require any person seen peddling or soliciting tC,upon.such.Officer's request, to produce his peddlerts or-solicitorts license and to enforce the pro- visions of this Ordinance against any -person .found to be violating the same. SECTION X: The Chief of :Poli.ce of the City of:Renton shall report to -4» the City Clerk all convictions for violation of this Ordinance, and the City Clerk shall maintain .a record for:each license issued and record the reports of violations therein. SECTION XI: Every applicant shall, simultaneously with the issuance of such license by the City Clerk, file with the City Clerk a surety bond, running to the City of Renton 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 Ordinance of the City of Renton and the laws of the State of Washington regu.lating,and concerning the business of peddler. and solicitor and guaranteeing to any citizen of the City of Renton .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 -of Renton doing business with said peddler or solicitor that the property purchased'will be delivered according to the representations of :said peddler or solicitor. Action on such bond may be brought in the name of 'the City to the use or benefit of the aggrieved person. SECTION XII: Licenses issued under the provisions of this Ordinance may be revoked by the City Clerk of the City of Renton after notice and hearing for any of the following causes: 1. Fraud, misrepresentation, or false statement contained in the application for license; 2. Fraud, misrepresentation, or false statement made in the course of carrying on his business as peddler or solicitor; 3. .Any violation .of this Ordinance; 4. Conviction of any crime or misdemeanor involving moral turpitude; 5. 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 ofcomplaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing. SECTION XIII: 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 Ordinance, shall have the right of appeal to the City Council of -5» the City of Renton. .Such appeal shall be taken by filing with the Council, within ten days after notice of the action complained of has been mailed to such personts 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 appellant 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. SECTION XIV: Any person violating any of the provisions' of this. Ordinance shall, upon conviction thereof, be punished by -a fine not .to exceed -One Hundred Dollars ($100.00) or by imprisonment in the City Jail not to exceed thirty (30) days or by both such fine and imprisonment. SECTION XV: The provisions of this.Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutiona.l,.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 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part or parts. SECTION XVI: Ordinance No. 940 and all other ordinances or parts of ordinances inconsistent with the provisions of this Ordinance, be and the same are hereby repealed. SECTION XVII: This.Ordinance shall be in full force and effect from and after its passage, approval and publication, .as provided by law. PASSED BY THE CITY COUNCIL this day of June, 1958. Elton L. -Alexander, City Clerk APPROVED BY THE MAYOR this ( day of Jun 958. APPROVED AS TO FORM: Gerard M._Shelia.n,.City.Attorney -6- , Mayor