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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1969-0010 ORDINANCE NO. % L9 FLORIDA: CITY OF TAMARAC Broward County,Florida AN ORDINANCE ESTABLISHING REGULATIONS AND FEES FOR PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT MERCHANTS: PROVIDING FOR APPLICATION AND INVESTIGATION REQUIREMENTS: REPEALING ALL ORDINANCES IN CONFLICT: PROVIDING A SAVINGS CLAUSE: AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, ARTICLE I: PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT MERCHANTS: SECTION 1.1 - PERMIT AND LICENSE REQUIRED. It shall be unlawful for any peddler, solicitor, canvasser or itinerant merchant, as defined in Section 1.2 of this Ordinance, to engage in such business or collection within the corporate limits of the City without first obtaining a license therefor in compliance with the provisions of this Article. SECTION 1.2 - DEFINITION For the purpose of this Ordinance, a peddler, solicitor, canvasser or itinerant merchant is defined to be any person who attempts to solicit orders for the sale of goods, wares or merchandise, whether the sale is consummated in the City or to be consummated when approved by some other person elsewhere, or who _V4 bargains to sell any goods, wares or merchandise for cash or otherwise, by sample or by any other manner, personal property of any nature whatsoever, or for services to be furnished or performed, for present or future delivery, travelling either by foot, wagon, automobile, motor truck, or any type of con- .,:vayance, from place to place, from house to house, or from street to street; including any person collecting or soliciting contributions or donations, cash or otherwise, to any charitable, non-profit or other eleemosynary organization; provided, however, the provisions of this Ordinance shall not be applicable to any person who enters the residence or business of any resident of the City at the express request or invitation of said resident. SECTION 1.3 - APPLICATIONS Applicants for a license under this Ordinance must file with the City Clerk a sworn application, in writing, (in duplicate), which shall give the following information: (a) The name of the applicant. (b) Permanent home address and full local address of the applicant. (c) A brief description of the nature of the business and goods to be sold. (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship. Mr,M (e) The length of time for which the right to do business is desired. (f) The place where the goods or property 0- proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. (g) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner. (h) -The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward, Florida, who will certify as to the applicant's good character and business responsibility, or, in lieu thereof, such other available evidence as to the good character and business responsibility of the applicant as will enable the investigator to properly evaluate such character and business res- ponsibility. (i) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor. Cj) A statement by a physician with an office in Broward County, Florida, dated not more than ten (10) days prior to the submission of the application, certifying the applicant to be free of contagious, infectious or communicable diseases. (k) If the applicant is associated with a charitable, non-profit or other eleemosynary organization, a brief description of the - 3 - nature and purpose of said organization, and the address of the main office of said organization. SECTION 1.4 - INVESTIGATION AND ISSUANCE The City Clerk shall cause a complete and thorough investigation of the applicant's business and moral character to be made, including a verification of the application required in Section 1.3. (a) If as a result of such investigation, applicant's character or business responsibility is found to be unsatisfactory, the City Clerk shall endorse on such application his disapproval and his reasons for the same, and return the said application to the applicant indicating that the application has been disapproved and that no license will be issued. For the purposes of this Section, the applicant's character and business responsibility shall be deemed to be unsatisfactory for any of the following causes: (1) Fraud, misrepresentation, or false statement contained in the application for license; (2) Two or more judgments outstanding from a 0 Court of any jurisdiction; (3) That the applicant has been found guilty, within the past three years, of a felony, misdemeanor or a violation of any municipal ordinance or governing authority involving moral turpitude or adversely affecting the applicant's character or business res- ponsibility. - 4 - (4) That the applicant has had a contagious, infectious or communicable disease within the past two years. 0 (b) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the City Clerk shall endorse on the application his approval and execute a license addressed to the applicant for the carrying on of the business applied for, and, upon payment of the prescribed license fee by the applicant, deliver to the applicant his license. Such license shall contain the signature and seal of the City Clerk and shall show the name, address and photograph of said licensee, the kind of goods to be sold thereunder, the amount of fee, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The City Clerk shall maintain a file of all applications and licenses after said licenses have been issued. SECTION 1.5 - FEES The license fee which shall be charged by the City for such license shall be Fifty Dollars ($50.00) per month, Two Hundred and Fifty Dollars ($250.00) per year. SECTION 1.6 - BOND Every applicant shall file with the City Clerk a surety bond, running to the City in the amount of One Thousand M7= Dollars ($1,000.00) conditioned that the said applicant shall comply fully with all of the provisions of the Ordinances of 0 the City and the Statutes of the State of Florida regulating and concerning the business of solicitor and guaranteeing to any citizen of the City of Tamarac that all money paid as a down payment will be accounted for and applied according to the representation of the solicitor and further guaranteeing to any citizen of the City doing business with said solicitor, that the property purchased will be delivered according to the representations of said solicitor. Action on such bond may be brought in the name of the City to the use or benefit of the aggreived person. SECTION 1.7 - BADGES The City Clerk shall issue to each licensee at the time of delivery of his license, a badge which shall contain the words "licensed solicitor", the period for which the license is issued, and the number of the license, in letters and figures easily discernible from a distance of ten (10) feet. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be con- spicuous from a distance of ten (10) feet. SECTION 1.8 - EXHIBITION OF LICENSE Licensees are required to carry said license W'_ on their person at all times while soliciting, canvassing or peddling and shall be required to exhibit said license at the request of any citizen. SECTION 1..9 - REVOCATION OF LICENSE (a) Licenses issued under the provisions of this Article may be revoked by the City Clerk 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 solicitor, peddler or canvasser; (3) Any violation of this Ordinance; (4) Conviction of any felony, misdemeanor or violation of any municipal ordinance involving moral turpitude or adversely affecting the applicant's character or business responsibility; (5) Have two or more judgments outstanding from a Court of any jurisdiction; (6) Have any contagious, infectious, or communicable disease; (7) Conducting the business of soliciting, peddling or canvassing, in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public. (b) Notice of the hearing for revocation of a - 7 - license shall be given in writing, setting forth specifically the ground of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address as reflected by the application and license, at least five (5) days prior to the date set for hearing. The result of said hearing shall be mailed to the applicant, within five (5) days from the date of the hearing, at the aforesaid address. SECTION 1.10 - APPEAL Any person aggreived by the action of the City Clerk in denying the issuance of a license or revoking a license shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Council, within twenty (20) days after notice of the action complained of has been mailed to such person's address as aforesaid, a written statement setting forth fully the ground for the appeal. The Council shall set a time and place for a hearing on such appeal and a notice of such hearing shall be given to the applicant in the same manner as provided in Section 1.9. The hearing by the City Council shall be held within thirty (30) days from receipt of the appeal and the decision and order of the City Council on such appeal shall be final and conclusive. SECTION 1.11 - EXCEPTION The City Council shall have the right to waive the requirements of this Ordinance, for good cause shown, for any charitable,ren-profit or other eleemosynary organization seeking to solicit contributions or donations, cash or otherwise. SECTION 1.12 - PENALTY Any person violating any of the provisions of this Ordinance, shall, upon conviction thereof, be punished by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment, not to exceed ninety (90) days, or by both such fine and imprisonment. ARTICLE II: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. ARTICLE III: All Ordinances or parts of Ordinances in conflict -0. herewith be and the same are hereby repealed. PASSED FIRST READING this day of 196b . PASSED SECOND READING this 6.4 day of 22��� , 196 q . 4 196/"?. W04 PASSED THIRD READING this — day of r► � Q � MAYOR