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CHAPTER 16

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					Chapter 16
Soliciting & Canvassing
Article I. Solicitation of Orders for Business.
§16-1 §16-2 §16-3 §16-4 §16-5 §16-6 §16-7 §16-8 §16-9 §16-10 §16-11 "Orders solicitor" defined. Permit required. Application for permit; payment of fees. Investigation of applicant; approval or disapproval of application; issuance and contents of permit; permit record; refund of deposit upon refusal of permit Permit fees. Revocation of permits. Bond may be required of nonresidents of county, etc. Badges. Appeal to City Council by person aggrieved. Applicability of article to insurance agents. Violations and penalties.

Article II. Solicitation of Financial Assistance; Canvassing.
§16-12 §16-13 §16-14 §16-15 §16-16 §16-17 §16-18 §16-19 §16-20 §16-21 Permit required for certain solicitations and canvassing. Contents of application for permit. Submittal of application for permit; factors affecting granting or denial of permit; permit, if granted, may contain conditions and limitations. Action on application; issuance of permit; fee generally; term; renewals. Suspension and revocation of permit. Identification cards for solicitors and canvassers; fee for cards. Disposition of fees collected under article; payment of administrative operating expenses. Appeal to City Council by person aggrieved. Construction of article. Violations and penalties.

Article I. Solicitation of Orders for Business.
Section 16-1. "Orders solicitor" defined. An "orders solicitor," for the purposes of this article, is defined as any person, whether a resident of the City or county or not, traveling 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 the sale of goods, wares, merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such

Soliciting & Canvassing 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, hires, leases, uses or occupies any building, structure, tent, railroad car, boat, motor vehicle, trailer, hotel room, lodging house, apartment, shop or any other place within the City for the sole purpose of exhibiting such samples and taking orders for future delivery. The term "orders solicitor" as used in this article shall mean persons making commercial solicitations at retail only and shall not apply to persons selling agricultural products produced by them, nor persons representing wholesale outlets and making sales at wholesale. Section 16-2. Permit required. It shall be unlawful for any orders solicitor to engage in such business within the City without first obtaining a permit therefore in compliance with the provisions of this article. Section 16-3. Application for permit; payment of fees. (A) Applicants for a permit under this article shall file with the City Recorder a sworn application in writing and in duplicate, on a form to be furnished by the City Recorder, which shall give the following information: (1) (2) (3) (4) Name and description of applicant; Permanent home address and local address of applicant; Description of the nature of the business and goods or services to be sold,; Name and address of any employer, with evidence establishing the exact relationship; The length of time for which the privilege to do business is desired; The place where any goods or property to be sold or orders taken therefore are manufactured or produced and the proposed method of delivery; Names and addresses of two persons who can certify regarding the applicant's character and business responsibility; A Statement regarding any conviction of the applicant of a felony or misdemeanor; Such other information as the City Recorder may require.

(5) (6)

(7)

(8)

(9) (B)

At the time of the filing of such application the applicant shall also deposit the proper permit fee as provided for in this article, and shall also pay a fee of fifty cents for the processing and issuance of such permit.

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Lewisburg City Code Section 16-4. Investigation of applicant; approval or disapproval of application; issuance and contents of permit; permit record; refund of deposit upon refusal of permit. Upon receipt of an application for an orders solicitor's permit, the original thereof 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. If from such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse his disapproval on the application with his reasons therefore and no permit or license shall be issued. 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 and return it to the City Recorder, who shall upon the payment of the proper permit fee issue to the applicant a permit. Such permit shall contain the signature of the issuing officer and the seal of the City, with the name and address of the applicant, the class of permit issued, the kind of goods to be sold or services to be rendered, the amount of fee paid, the date of issuance and the length of time the permit shall be operative, the permit number and a description of any vehicle used in such solicitation. The City Recorder shall keep a permanent record of all such licenses issued or refused. In the event any such license shall be refused, the City Recorder shall refund to the applicant any sums deposited by him. Section 16-5. Permit fees. (A) The permit fees provided for in this article for any such orders solicitor's permit to a person who is a nonresident of the county shall be one dollar per day, three dollars per week, five dollars per month or ten dollars per year. The permit fees provided for in this article for any orders solicitor's permit issued to a person who is a resident of the county shall be five dollars per year. The annual fees provided for herein shall be assessed on a fiscal year basis and shall be due and payable on July first of each year. Such annual license fees shall be prorated on a semi-annual basis. None of the permit fees provided for by this article shall be so applied regarding occasion an undue burden upon interstate commerce. In any case where a permit fee is believed by the applicant to place an undue burden upon such commerce, he may apply to the Mayor for an adjustment of the fee so that it will not be discriminatory, unreasonable or unfair regarding such commerce. Such application may be made before, at, or within thirty days after the payment of the permit fee. The applicant shall, by affidavit, show his method of business, gross volume of business and such other information as the Mayor may require to determine the extent, if any, of such undue burden on interstate commerce. The

(B)

(C)

(D)

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Soliciting & Canvassing Mayor shall cause to be conducted such investigation as he deems proper and shall make a finding of fact regarding whether the fee fixed by this article is unfair, unreasonable, or discriminatory regarding the applicant's business. In fixing the fee to be charged the Mayor shall have the power to base the same upon a percentage of gross sales, or any other method which will insure uniformity. The fee so fixed shall not exceed the amount provided in this section. Section 16-6. Revocation of permits. (A) Permits issued under the provisions of this article may be revoked by the Mayor after notice and hearing for any of the following reasons: (1) Fraud, misrepresentation or false Statement contained in the application for permit; or Fraud, misrepresentation or false Statement made in the course of carrying on his business as an orders solicitor; or Any violation of this article; or Conviction of any felony or misdemeanor involving moral turpitude; or Conducting the business of soliciting in an unlawful manner, or in such a manner regarding constitute a menace to the health, safety or general welfare of the public.

(2)

(3) (4) (5)

(B)

Notice of the hearing on revocation of a permit under this article shall be given in writing, setting forth specifically the grounds of complaints and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his last known address at least five days prior to the date set for the hearing.

Section 16-7. Bond may be required of nonresidents of county, etc. Before any permit required by this article shall be issued to an applicant not a resident of the county, or who being a resident of the county represents a person whose principal place of business is located outside the State, the City Recorder may require such applicant to file with his application a bond payable to the City in the amount of not less than one hundred dollars, with surety acceptable to, and approved by, the Mayor, conditioned that such applicant shall fully comply with the provisions of this article and guaranteeing to any citizen of the City that all money paid to such orders solicitor shall be accounted for and applied in accordance with his representations, and that the goods, wares, merchandise or services ordered or purchased will be delivered or performed as represented. Action on such bond may be brought in the name of the City for the use and benefit of any aggrieved person.

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Lewisburg City Code Section 16-8. Badges. In addition to the permit provided for by this article, the City Recorder may, at the request of any permit holder, issue to him a badge which shall contain the words "Authorized Solicitor," the period for which the permit is issued and the number of the permit granted, which words and figures shall be sufficiently large to be discernible at a reasonable distance. If such badge be issued, then the permit holder shall, during the time he is engaged in solicitations, wear the badge on his outer garment so that it is plainly visible. A fee of fifty cents shall be charged for each such badge. Solicitors shall exhibit their permits and badges at the request of any person. Section 16-9. Appeal to City Council by person aggrieved. Any person aggrieved by the provisions of this article in the denial of a permit or in the action of the Mayor in assessing the permit fee as provided for herein, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Recorder within fourteen days after notice of the action complained of has been mailed to the appellant, a written Statement setting forth the grounds for appeal. The Council shall fix a time and place for a public hearing on such appeal and notice thereof shall be given to the appellant by mail to his last known place of address five days prior to the date of such hearing. The decision and order of the Council on such appeal shall be final. Section 16-10. Applicability of article to insurance agents. The provisions of this article shall not apply to solicitors engaged in the business of selling insurance. Section 16-11. Violations and penalties. Any person violating any of the provisions of this article or refusing or neglecting to pay the rates, fees and rentals herein provided to be paid, or failing or refusing to abide by, and comply with, any of the rules and regulations promulgated by the City Council, to effectuate the provisions of this article shall, upon conviction thereof, for the first offense be fined not less than one dollar nor more than one hundred dollars; for a second offense, any such person shall be fined not less than ten dollars nor more than one hundred dollars; and for any third or subsequent violation thereof any such person shall be fined not less than ten dollars nor more than one hundred dollars or may be confined to jail not less than one nor more than thirty days, or may be both so fined and imprisoned. Each succeeding day a violation of this Ordinance exists shall constitute a new and separate offense.

Article II. Solicitation of Financial Assistance; Canvassing.
Section 16-12. Permit required for certain solicitations and canvassing. It shall be unlawful for any person to solicit money or any other form of financial assistance or to sell or to offer for sale anything of value for or on behalf of any charitable, religious, patriotic, social, educational, benevolent, fraternal or philanthropic organization, purpose, program, drive

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Soliciting & Canvassing or fund within the City, or to make canvasses or surveys, or to secure answers to forms or questionnaires, or to seek personal data or information from persons within the City, unless such person shall first obtain a permit to so solicit or sell such thing of value for such purpose, program, drive, fund or organization, or to make such canvass, survey, secure answers to forms or questionnaires, or to seek personal data or information from persons within the City, such permit to be issued under the terms and regulations provided in this article. Any such solicitation shall include solicitations made by individual solicitors and canvassers whether by the placing of solicitation boxes, by telephone, by television or radio program announcements, by the use of the United States mails, by telegraph, or by any other means or method. Section 16-13. Contents of application for permit. The application for permission to solicit or canvass as set forth in section 16-16, shall be sworn to and shall contain the following information: (A) Name of the organization applying for a permit and the address of its headquarters. Names and addresses of its principal officers and managers. The purpose for which such permit is desired and the use to be made of any receipts there from. Names and addresses of the persons by whom the receipts are to be disbursed. Names and addresses of the persons who will be in direct charge of such sale or solicitation. An outline of the method to be used in such solicitation or sale. The amount of money expected to be realized from such solicitation or sale. The amount of wages, fees, commissions, expenses or emoluments to be expended or paid in connection with such solicitation or sale, together with the manner in which such wages, fees, commissions, expenses or emoluments are to be expended and to whom they are to be paid. A full Statement of the character and extent of the charitable, religious, patriotic, social, benevolent, fraternal or philanthropic work now being done by the applicant organization. The purpose or use to be made of such canvass, survey or personal data or information when obtained and completed. The public solicitations advisory committee may require such other information as it may deem necessary.

(B) (C)

(D) (E)

(F) (G) (H)

(I)

(J)

(K)

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Lewisburg City Code Section 16-14. Submittal of application for permit; factors affecting granting or denial of permit; permit, if granted, may contain conditions and limitations. When any applicant shall file with the City Recorder an application on a form approved by the City Recorder the applicant must have answered, under oath, all of the questions therein and he shall furnish to the Recorder all such other information he may require in determining whether permission shall be granted to such person for any of the aforementioned purposes, and the failure or refusal to file such application and furnish such information shall constitute sufficient grounds for the Recorder to deny the applicant permission to act as aforesaid. The Recorder, in granting such permit, may impose such conditions and limitations upon the use of the permit as it may deem reasonable or proper. Section 16-15. Action on application; issuance of permit; fee generally; term; renewals. The City Recorder shall determine from the application for a permit, and from such facts as may be developed in connection with such application, whether or not a permit shall be granted the applicant. If the decision is that a permit shall be granted, the Recorder, upon receipt of a fee of one dollar from the applicant, shall issue to such applicant a permit for a period not longer than three months; provided, that he may renew and extend such permit for a period not to exceed three additional months at any one time. Section 16-16. Suspension and revocation of permit. Any permit issued pursuant to this article may be revoked or suspended by the Mayor upon evidence of fraud or misrepresentation committed by the person requesting said permit, or his agents, in and about any solicitation, canvass or survey for the purposes set forth in section 1612, or if, in the opinion of the Mayor, any practice pursued or any act committed in the solicitation, canvass or survey or in the disposition of the proceeds is unfair, unjust or inequitable, or the use of such information is detrimental to the public welfare. Section 16-17. Identification cards for solicitors and canvassers; fee for cards. The City Recorder shall furnish any applicant for a permit under this article proposing to have more than twenty-five solicitors or canvassers, with identification cards to be used by individual solicitors or canvassers, upon the payment of fifteen cents for each such card. Such identification card shall show that the bearer is authorized by the City for any of the aforesaid purposes, and such other information as may be required. The Recorder may exempt any applicant from securing such identification cards for each individual solicitor or canvasser; provided, that the applicant demonstrates to the satisfaction of the Recorder that each of its solicitors or canvassers will have some means of individual identification furnished by the applicant, or otherwise, will provide to the public evidence that any such solicitation, canvass or survey is bona fide and has been approved by the City.

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Soliciting & Canvassing Section 16-18. Disposition of fees collected under article; payment of administrative operating expenses. All fees paid by virtue of this article shall be deposited in the general fund. The operating expenses required in the administration of this article shall be paid by the City Recorder from the general fund of the City. Section 16-19. Appeal to City Council by person aggrieved. An applicant for a permit under the provisions of this article may appeal from any action to the City Council; provided, that notice of such appeal shall be filed with the City Recorder within fourteen days from the date of the action appealed from. No formal method of procedure shall be necessary for making such appeal, but such procedure shall be fixed by the City Council. Section 16-20. Construction of article. Nothing contained in this article shall be construed to prevent or forbid any pastor, priest, rabbi, rector, minister of the gospel or the governing body of any church located within the county, or the members or officers of any established group, society, association or corporation that is organized exclusively for charitable, religious, patriotic, social, educational, benevolent, fraternal, philanthropic or political purposes, not operated for profit, and in which none of the net earnings of such group, society, association, corporation or organization inure to the pecuniary benefit of any person, shareholder or individual from conducting a solicitation. Nothing herein contained shall be construed to prevent or forbid any person, group, society, association, corporation or organization in the foregoing categories to conduct a sale to the public of admission tickets to any event sponsored by such organization, and which event shall occur at a date subsequent to such public sale. Nothing contained in this article regarding charitable solicitations, canvasses or surveys, shall be construed to legalize any act which would otherwise be a violation of the law. Section 16-21. Violations and penalties. Any person violating any of the provisions of this article or failing or refusing to abide by, and comply with, any of the rules and regulations promulgated by the Mayor, City Recorder, or by the City Council, to effectuate the provisions of this article shall, upon conviction thereof, for the first offense be fined not less than one dollar nor more than one hundred dollars; for a second offense, any such person shall be fined not less than ten dollars nor more than one hundred dollars; and for any third or subsequent violation thereof any such person shall be fined not less than ten dollars nor more than one hundred dollars or may be confined to jail not less than one nor more than thirty days, or may be both fined and imprisoned. Each succeeding day a violation of this Ordinance exists shall constitute a new and separate offense.

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