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HomeMy WebLinkAbout15857 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washing- ton, repealing Kent City Ordinance 0.686 s 11 -- 1937 (codified Ordinance 6.6. 32 ); and establish- ing an Ordinance defining a "Solicitor", license requirements therefor, fees therefor, require- ments for issuance of Solicitor's licenses and revocation thereof, establishing penalties for violation of this Ordinance, and defining those exempt from the provisions of this Ordinance. THE CITY COUNCIL OF THE CITY OF KENT, WASHING TON, DO ORDAIN AS FOLLOWS: Sect 11 on 1. Kent City Ordinance 0.686 s 11 -- 1937 (cod ified Kent City Ordinance 6.6.32) is hereby repealed. Section 2. Definitions. A Solicitorwithin the meaning of this Ordinance is defined to be: (a) any person who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any services, magazin es, periodocials or any other personal property at retail in the City of Kent, by going from house to house or from place to place or by indiscriminately approaching individuals; sales by sample or for future delivery and excutory contracts of sale are embraced within this subdivision; provided, however, that this section shall not be deemed applicable to any salesman or can- vasser who solicits trade from wholesale or retail dealers in the City of Kent; 23 ; (b) any person who while selling or offering for sale i 24i any goods, wares, merchandise or anything of value, stands or is E , 25 41 otherwise present in a doorway, any unenclosed vacant lot, parcel j 26sof land, any street or public way, or in any other place not used �4 27 by such person as a permanent place of business; 28 11 (3) A master solicitor is a person or firm which emplo s 29I or uses agents or employees who act as solicitors. 30Section 3. License required. It shall be unlawful for 31 , any person to act as solicitor within the meaning of this QrdirfancE rj 32E un less he or she, or his or her employer, shall have first secured 0 �9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a license therefor in the manner provided by this Ordinance. Section 4. License -- fees-- transferability. The license fees for solicitors and Master Solicitors hereunder shall be as follows: Ten Dollars ($10.00) for each calendar year or fraction thereof, payable in advance, for each Master Solicitor; Two Dollars ($2.00) for each calendar year or fraction thereof, payable in advance, for each solicitor listed and identified by such Master Solicitor; Five Dollars ($5.00) for each calendar year or fraction thereof, payable in advance for each solicitor not certified under a Master Solicitor license application. License application. Licenses issued hereunder shall not be transferred. Section 5. License application. Any person desiring to secure a solicitor's license shall apply therefor in writing lover his or her signature to the Chief of Police and such applica- tion shall include or state as to each applicant. 1. The name and address of the applicant; 2. The length of service of such applicant with such E employer, 3. The place of residence and nature of the employment �I of the applicant during the last preceding year; 4. The nature or character of the goods, wares, mercha J dise or services to be offered by the applicant; 5. The personal description of the applicant; 5. State of Washington Tax Commission Registration Certificate Number; 7. Wherever applicable, a copy of applicant's Food I#Handler's permit issued by King County; �( 8. A full face, 2" x 211, photograph g Ph of the applicant; i ?+ 9. Fingerprints of the applicant; li and such credentials and other evidence of good moral character and identity of the applicant as may be reasonably required by the Chief of Police - Any person or firm desiring to secure a Master Solicitor s license shall apply therefor in writing over his or her signature, -2- I I H or in the case of a corporation over the signature of any two 2 officers thereof accompanied by an impression of the corporate sea 3 ',,of the applicant, to the City Clerk, and such application shall I 4 contain as to each applicant: 5 1. Name and address of applicant; 6 2. Whether applicant is corporation, partnership or 7 proprietorship; (a) if corporation, names and home addresses of 8 two principal officers thereof; name and home address of managing agent of corporation office 9 within State of Washington nearest to City of Kent; State of incorporation; if foreign corporation, name 10 and mailing address of resident agent for State of Washington; 11 (b) if copartnership, name and home address of 12 each partner; 13 3. Nature or character of the goods, wares, merchandise 14 or service to be offered by the applicant; 4. Names and addresses of each solicitor agent of the 15 applicant employed or active in the City of Kent and a complete 16 physical description of such agent; 5. A statement that applicant will be fully responsible 17 for all agreements and acts of its solicitor agents listed in 18the application or subsequently certified to the City Clerk as being one of its solicitor agents; 19 1 6. Attached thereto shall be the individual solicitor's 20 license application of each agent listed on the Master Solicitor's application; 21 Section 6. Remittance of license fee. All applications 22 shall be accompanied by the requisite license fee in cash, money 23 order, bank draft or certified check. 24 ( Section 7. Investigation of applicants. It shall be 25 the duty of the Chief of Police to investigate each application 26 made under Section 5 above in which investigation the Chief of 9� 27 ;!Police shall determine: 28 1. The existence of the employer or firm of each indivi 29 pp dual applicant; 30 2. The genuineness of all credentials presented by the .i applicant; 313. Whether the applicant or any solicitor agent listed 32 the application has a criminal record; 4. The truth of the facts set forth in the application; -3- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5. Whether the applicant proposes to engage in a law- ful and legitimate commercial or professional enterprise; and such investigation must be completed within a reasonable time. Section 8. License issuance - Expiration date. If the Chief of Police shall determine within a reasonable time from his investigation that the facts set forth in the application are true, that the application is reliable and of good moral character that his, her, or its purpose is to engage in a lawful and legi- timate commercial or professional enterprise, he shall then approv the applimtion and issue the license applied for. Such license shall expire on the thirty-first of December of the year in which such license shall have been issued, except as hereinafter providel., no license shall be issued until the conclusion of the aforesaid investigation. Section 9. Carrying and exhibition of license. Such solicitor's license shall be carried by the solicitor at all times when soliciting or canvassing in the City, and shall be exhibited by any such solicitor wherever he or she shall be requested to do so by any police officer or any person solicited. Section 10. License revocation. Any such license may be revoked by the City of Kent for the violation of any of the Ordinances of the City or any State or Federal law, or whenever such solicitor shall in the judgment of the City Council cease to possess the character and qualifications required by this Ordin- ance for the issuance of such permit. Section 11. Expedition of applicant investigation. If any applicant for a license, including solicitor or his employer, shall be unwilling to wait for an investigation by the Chief of Police through the regular procedure, and desires that the Chief of Police expedite such investigation by the use of toll telephone calls or telegrams, then in that event the Chief of Police shall I make the necessary toll telephone calls and send such telegrams -4- 1 as the investigation shall require, but only after the cost for 2 such services shall have been paid by the applicant. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 12. Order taking requirements. All orders take by licenses solicitors shall be in writing, in duplicate, stating the name of the solicitor, as it appears on the license, the solicitor's permit number as issued hereunder, the address of both the solicitor and his employer, the terms of the order or agreement and the amount of money or checks paid to the solicitor. One copy of such order or agreement shall be given to the purchaseL'. Section 13. Violations --Penalty. Any person, firm or corporation violating the terms of this Ordinance shall upon con- viction, be fined in a sum not to exceed $300.00 and shall be sub- ject to a maximum jail sentence of 90 days in jail, or both such fine and imprisonment for each offense. Every day upon which such violation shall occur or during which violation shall continue, shall constitute a separate offense. Section 14. Exemptions from Ordinance regulations. Thi Ordinance shall not apply to the selling of personal property at wholesale to dealers in such articles or commodities; shall not apply to newsboys; and shall not apply to any organization, asso- ciation, or corporation desiring to solicit or have solicites in its name, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for a charitable, religious, patriotic or philanthropic purpose. Any person or organization claiming the exemption of this section shall file with the Chief of Police an affidavit setting forth facts sufficient to show the applica- tion of this section and the right to such exemption. Section 15. If any phrase, section clause or sentence or other part of this Ordinance shall be held invalid or uncon- stitutional for any reason, such decision shall not affect the validity of the remaining parts hereof. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 16. This Ordinance shall take effect and be in force five days from and after its passage, approval and pub- lication, as provided by w• A , ayor Attest: MARIE JhNz, �Ity Cer�� Approved as to form: � 4RE TE , City Attorney PASSED the /-7 day of February, 1969 APPROVED the / day of February, 1969. Published the day of February, 1969. I herebcertify that this is a true and correct copy of Ordinance No. c �, passec by the City Council of the City of Kent and appy Y approve the Mayor of the City of Kent as hereon indicated. ( SEAL) E, it Ter -6-