Loading...
HomeMy WebLinkAboutOrd 1887 - Peddlers and Solicitors.rr1 City of'Tukwila Washington Cover page to Ordinance 1887 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CtTY COUNCIL I~ THE CITY OF T KWI ,, WASHINGTON, AMENDING CHAPTER 5,12 EIE TH'E TUKWI MUNICIPAL COTE T UPDATE R,E ULxri iii REGARDING PEDDLERS AND SOLICITORS; REPEALING ORDINANCE NOS.. 297 AND 41 1; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE, DATE. Ordinance 1887 was amended or repealed by the following ordinances. oil] REPEALED Section(s) Amended Amended by Card # Secticin(s) Repealed Repealed by Card §5, 8 2355 §4 (part), 5, 8, 9 2496 r 1LA ...�V,9� r •ti r r 0. G) J J r ..-i J� w 08 C ity T kwila of u Washington Ordinance No. `S 9 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 5.12 OF THE TUKWILA MUNICIPAL CODE TO UPDATE REGULATIONS REGARDING PEDDLERS AND SOLICITORS; REPEALING ORDINANCE NOS. 297 AND 411; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council finds that the public health, safety and welfare requires that the citizens of the City be provided with information relating to persons and organizations who peddle and solicit within the City, that such activities be regulated, and that the residents of the City be protected from deceptive and dishonest practices; and WHEREAS, the City Council desires to have licensing provisions for peddlers and solicitors revised to coincide with the current licensing regulations of the City; and WHEREAS, administrative and related costs continue to rise creating the need to increase peddlers licensing fees to help defray the costs of registration and licensing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Tukwila Municipal Code Chapter 5.12 is hereby amended and retitled "Peddlers /Solicitors." Section 2. Definitions. "Peddler /Solicitor. A peddler /solicitor is defined as follows: 1. All persons, both principals and agents, as well as employers and employees, who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any personal property or services in the City of Tukwila by going from house to house, from place to place, or by indiscriminately approaching individuals from a location on any street, alley, sidewalk or other public thoroughfare. 2. Any person, both principals and agents, as well as employers and employees, who, while selling or offering for sale, any goods, wares, merchandise or anything of value, stands in a doorway or any unenclosed vacant lot, parcel of land, or in any other place not used by such person as a permanent place of business. Section 3. License required exemptions. A. No person, corporation, partnership or other organization shall engage in the business of a peddler within the corporate limits of the City of Tukwila without first obtaining a license to do so. If an individual is acting as an agent for or employed by an individual, corporation, partnership or other organization, both the individual and the employer or principal for whom the individual is peddling must obtain a license to conduct business. B. The following persons are exempt from the license requirements and fee provisions of this chapter upon establishing proof of exempt status: Peddlers License Update 11/12/99 1 1. Farmers, gardeners or other persons who deliver or peddle any agricultural, horticultural, or farm products which they have actually grown, harvested or produced, provided that this exemption does not apply to the sale of firewood; 2. Any person selling or delivering door -to -door or on an established route, milk or milk products, bakery goods, or laundry and dry cleaning services; 3. Newspaper carriers who deliver door -to -door on an established route(s); 4. Any person who is specifically requested to call upon others for the purpose of displaying goods, literature or giving information about any article, service or product; 5. Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. 501(c)(3) or other similar civic, charitable or nonprofit organizations; and 6. Bona fide candidates, campaign workers and political committees campaigning on behalf of candidates or on ballot issues and persons soliciting signatures of registered voters on petitions to be submitted to any governmental agency. Section 4. License application. A. Applicants for a license under this chapter must be at least 18 years of age and must file with the City Clerk an application in writing on a form to be furnished by the City. At the time of application or renewal, the applicant shall present picture identification which shall include: 1. a motor vehicle operator's license, issued by the State of Washington, bearing the applicant's photograph, date of birth, and signature; or 2. a Washington State issued identification card bearing the applicant's photograph, date of birth, and signature; or 3. A valid US Passport B. All applicants shall provide the following information on the application: 1. Name, description of applicant, and date of birth. 2. Permanent home address and local address of applicant. 3. Telephone number. 4. A brief description of the nature of the business and the goods or services to be sold. 5. If employed by another, the address and name of the employer and a statement of the exact relationship between the applicant and the employer. 6. If a vehicle is to be used, a description of the same, including the license number. 7. A statement as to whether or not the applicant has been convicted of any crime within the last ten years, including misdemeanors, gross misdemeanors, or violations of any municipal ordinance; the nature of the offense; and the punishment or penalty assessed therefore. 8. A statement that a license, if granted, will not be used or represented as an endorsement by the City for solicitations thereunder. 9. For all sales occurring on a parcel of private property, the following must accompany the application: a. The name and signature of the property owner authorizing the use of the parcel. b. Other such information as may be required by the City. C. Any individual, corporation, partnership or other organization which acts as the principal or employer for individual peddlers shall obtain a license as provided herein and shall provide the following information on the application in addition to any information required as set forth above: Peddlers License Update 11/12/99 2 1. The applicant's name, address and telephone number and the names and addresses of all individuals who are employed by or acting as an agent for the applicant. 2. If a corporation, the names, addresses and telephone numbers of the corporation's board of directors, principal officers and registered agent. 3. If a partnership, the names, addresses and telephone numbers of the partners. 4. A list of any criminal convictions during the past ten years for the applicant, any owners of the business, and if a corporation, the board of directors and officers. 5. Name, address and telephone numbers (business and home) of the individual, if applicable, acting as the manager for the applicants. 6. A list of all other cities, towns and counties where the applicant has obtained a peddler's permit or similar permit within the past five years. 7. Other information as may be required by the City. D. At the time of filing, each applicant will have their photo taken by City staff. Such photo will show the applicant's head and shoulders in a clear and distinguishing manner and will be used for issuance of picture identification as referenced in Section 6. E. At the time of filing, each applicant shall pay a non refundable fee in the amount of $50 to cover the City's cost of investigation and the issuance of a permit, including each peddler, principals and /or employer. Section 5. Investigation of applicant issuance and denial of license. A. The City Clerk shall refer the application to the Police Department, which shall determine the accuracy of the information contained in the application and conduct a criminal history background investigation of the applicant. Upon completion of the investigation, the Police Department shall forward a recommendation for approval or denial to the City Clerk. B. If, as a result of the investigation, the character and business responsibility of the applicant is found to be satisfactory, the City Clerk shall issue the license to the applicant. The City Clerk shall deny the applicant the license if the applicant has: 1. Committed any act consisting of fraud or misrepresentations; 2. Committed any act which, if committed by a license holder, would be grounds for suspension or revocation of a license; 3. Within the previous ten years, been convicted of a misdemeanor or felony directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation; 4. Been refused a license under the provisions of the chapter; providing, however, that any applicant denied a permit under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or 5. Made any false or misleading statement in the application. C. The denial of a license to an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers, shall be a sufficient basis to deny a license to the individual applicants who are employed by or acting as an agent for the applicant. Section 6. Photo identification exhibited. Peddlers are required to exhibit their photo identification card in a fully visible manner, on their person, while conducting any peddling activities. Section 7. License expiration. All licenses issued pursuant to this chapter are nontrans ferable and valid for the calendar year in which issued unless otherwise revoked or suspended. License fees shall not be prorated for any portion of the year. Peddlers License Update 11/12/99 3 Section 8. License revocation. A. The City Clerk may revoke any license under this chapter after notice and hearing where one or more of the following conditions exist: 1. The license was procured by fraud, by a materially false or misleading representation of fact in the application or in any report or record required to be filed with the Clerk. 2. Fraud, misrepresentation or false statements made in the course of carrying on the business as a peddler. 3. Violation of any provision in this chapter. 4. Conviction, after submission of the application for a peddler's license, of a felony or misdemeanor directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation. 5. Conducting the business of peddling in any unlawful manner or such manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public. 6. The revocation of any permit held by an individual, corporation, partnership or other organization which serves as the employer or principal for individual peddlers shall constitute a basis for revoking the permit issued to individual applicants who are employed by or acting as agents for such individual, corporation, partnership or organization. 7. The revocation of a license for three or more persons who are employees or agents of an individual, corporation, partnership or organization shall constitute a basis for revoking the license issued to the employer or principal, as well as the licenses issued to all other employees or agents of that employer or principal. B. Upon determination that grounds for revocation of a license exist, the City Clerk shall send the license holder a notice of revocation by certified mail, return receipt requested. Such notice shall be effective upon the expiration of the ten -day appeal period set forth in Section 9, unless a timely notice of appeal is filed as specified therein. Section 9. Appeals. A. Upon notice of non issuance or revocation of a peddler's license, the applicant or license holder may appeal by filing a notice of appeal, specifying the particular reason(s) upon which the appeal is based, with the City Clerk within ten days of and including the date of the notice of non issuance or revocation. A timely notice of appeal shall stay the effect of the notice of non issuance or revocation. An untimely notice of appeal shall be rejected as such by the Clerk, and no appeal hearing shall be scheduled. B. Upon timely filing of a notice of appeal, the Clerk shall schedule a hearing on the appeal before a hearing examiner. The hearing shall be conducted no later than 45 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the examiner for good cause shown. C. Within 14 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the hearing examiner shall issue a written decision, which shall set forth the reasons therefore. D. A decision of the hearing examiner, or a decision of the Clerk to reject an appeal as untimely, shall be final, unless an application for a writ of review is filed with the King County Superior Court and properly served upon the City of Tukwila within 14 calendar days of and including the date of the hearing examiner's decision. Section 10. Use of streets. No peddler shall have any exclusive right to any location in the public streets or publicly -owned right -of -way, nor be permitted a stationary location, nor be permitted to operate in any congested area where operations might impede or inconvenience the public. For purposes of this section, the judgment of a police officer, exercised in good faith, shall be conclusive as to whether the area is congested or the public impeded or inconvenienced. Peddlers License Update 11/12/99 4 Section 11. Hours and notice. No person shall engage in the business of peddler between the hours of 8:00 p.m. and 8:00 a.m. Section 12. Penalty for violation. Violation of any terms of this chapter shall constitute a misdemeanor, and any person convicted of such offense shall be punished by a fine of up to $1,000 and /or imprisonment for a term not to exceed 180 days. Section 13. Remedies are cumulative. The remedies provided for in this chapter to address non- compliance in this chapter are cumulative and shall be in addition to other remedies available in equity or at law. Section 14. Repealer. Ordinance Nos. 297 and 411 are hereby repealed. Section 15. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 16. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL 0 T CITY OF TUKWI;—A, WASHINGTON, at a Regular Meeting thereof this /_5 day of 1999. ATTEST /AUTHENTICATED: e E. Cantu, CMC, City Clerk APPROVED AS By Offie( the City Att/ney FILED WITH THE CITY CLERK: /0 0/7 y PASSED BY THE CITY COUNCIL: ////57y PUBLISHED: EFFECTIVE DATE: ///,2v/ i3 ORDINANCE NO.: r W. Rants, Mayor 4.4 Peddlers License Update 11/12/99 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 5.12 OF THE TUKWILA MUNICIPAL CODE TO UPDATE REGULATIONS REGARDING PEDDLERS AND SOLICITORS; REPEALING ORDINANCE NOS. 297 AND 411; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. CITY OF TUKWILA SUMMARY OF ORDINANCE NO. /il 7 On i J5 /971, the City Council of the City of Tukwila passed Ordinance No. KS 7 amending the Tukwila Municipal Code to update regulations regarding peddlers and solicitors, requiring applicants to be at least 18 years of age; requiring peddlers to exhibit their photo identification card in a fully visible manner, on their person, while conducting any peddling activities; repealing Ordinance Nos. 297 and 411; providing for severability; and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of 75 Published Seattle Times: 9l Qt„, Jie E. Cantu, CMC, City Clerk