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
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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.
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(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
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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.
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(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
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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
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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
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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/"?.
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PASSED THIRD READING this — day of
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MAYOR