(a)   Canvasser shall mean any person who makes, or attempts to make, personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident, for the primary purpose of (1) attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or, (2) distributing a handbill or flyer advertising a non-commercial event or service.

(b)   Charitable means and includes the words school, patriotic, fine arts, community, philanthropic, social service, health, and fraternal. An organization or entity is conclusively deemed to be charitable if it has obtained a 501(c) exemption from Internal Revenue Service, or if the local organization or entity is affiliated with such an exempt organization. Other organizations shall be considered charitable if their goals and purposes are of a similar purpose to those of a recognized 50l(c) organization.

(c)   Contributions mean and include the words alms, money, subscription, property or any donations under the guise of a loan of money or property.

(d)   Peddler means any person who goes upon the premises of any private residence in the City of Garnett, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of whatever nature, tangible or intangible, and offering the same for sale.

(e)   Person means a natural person or any firm, corporation, association, club, society or other organization.

(f)   Solicitor means any person who goes upon the premises of any private residence in the City of Garnett, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale or purchase of goods, wares, merchandise or personal property of whatever nature, tangible or intangible, for the future delivery, or for services to be performed in the future. This definition also includes any person, who without invitation, goes upon private property to request contribution of funds or anything of value, or the sale of goods or services for political, charitable, religious or other non-commercial purposes.

(Code 1961, 5-6-1; Code 2023; Ord. 4276)

(a)   It shall be unlawful for any person to act as a peddler or to act as a solicitor without first securing a license from the City Clerk to do so.

(b)   Persons peddling or soliciting the sale of milk or any other agricultural product that such person has produced or grown on his or her own farm or orchard shall be exempt from such license requirements.

(c)   Canvassers are exempt from such license requirements.

(d)   Any charitable organization is exempt from such license requirements, so long as the organization's soliciting or peddling activities are limited to support of the organization's charitable programs.

(Code 1961, 5-6-2; Code 2023; Ord. 4276)

(a)   Application for a license hereunder shall be made on forms supplied by the City and made to the City Clerk. The application, shall at a minimum, contain or provide the following information:

(1)   Proof of age, address and identification. Individual applicants shall supply a copy of government issued, photo ID. Articles of Incorporation or the equivalent shall be furnished for all entities.

(2)   Brief description of the business or activity to be conducted and the hours and location(s) for which peddling and soliciting is desired.

(3)   If employed, the name, address and telephone number or the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be.

(4)   A statement as to whether or not the applicant has been convicted or a felony, misdemeanor or ordinance violation; the nature of the offense or violation, then penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details thereof. Ordinance violations shall include DUI convictions, but need not include other traffic violations.

(5)   Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which under any such law or regulation would exempt the applicant from the licensing requirement of this ordinance.

(6)   Two photographs of the applicant which shall have been taken within 60 days immediately prior to the date of filing of the application. Photographs shall be at least 2” x 2'' in size and shall show the head and shoulders of the applicant in a clear and distinguishing manner.

(b)   The application shall be accompanied by payment of a fee in the amount of $150.00 for each solicitor or peddler applying for such a license.

(c)   Upon receipt of the application and fee, the City Clerk shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare. The City Clerk's review may include referral to the City Attorney or the Chief of Police. The review shall be conducted as expeditiously as can be, and ordinarily should be completed within five business days.

(d)   Issuance of the license shall immediately follow a satisfactory review and upon payment of the applicable licensing fee. The license shall show the name, address and photograph of the licensee, the kind of goods and/or services to be sold or delivered, the date license is issued and length of time the license is in effect. Each license shall be numbered and if the licensee is intending to use a motor vehicle in carrying out the business activity, a description thereof shall be included on said license. A record of all licenses shall be kept by the City for two years.

(e)   After review, if the license is denied, notice of denial and the basis for denial shall be transmitted to the applicant promptly. An application for license may be denied for any of the following reasons:

(1)   The location and time of solicitation or peddling could endanger the safety and welfare of the solicitors, peddlers, or their customers.

(2)   An investigation reveals that the applicant falsified information on the application.

(3)   The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in a controlled substance, or a violent act against persons or property within 5 years preceding date of license application, or such person is not lawfully present in this country.

(4)   The applicant is a person against who a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within 5 years immediately preceding the date of license application.

(5)   There is no proof as to the authority of the applicant to serve as an agent of the principal.

(6)   The applicant has been denied a permit under this ordinance (or a substantially similar ordinance of another jurisdiction) within the past year, unless applicant can show that the reasons for such earlier denial no longer exist.

(7)   The applicant was licensed in another jurisdiction and that license was suspended for cause.

(f)   All licenses issued under this ordinance shall expire on December 31st of the year of issuance, unless an earlier date is specified in said license.

(g)   All licenses shall be subject to renewal upon a showing of compliance with the terms of the license to be renewed. The city clerk shall not require an additional application or fee unless complaints have been received of violations of the conditions under which the license was issued. The city clerk shall not renew or extend any license where there is sufficient evidence of any grounds for the suspension or revocation of any prior license.

(h)   Any license issued under this ordinance may be revoked or suspended by the City Clerk, after notice to the licensee and hearing for the following reasons:

(1)   Fraud, misrepresentation or false statement contained in the application.

(2)   Fraud, misrepresentation or false statement made by the licensee in the course of conducting the solicitation or peddling.

(3)   Conducting peddling or solicitation activities contrary to the provisions of the permit or of this ordinance.

(4)   Conviction of any crime involving dishonesty or moral turpitude; or which, had the conviction occurred prior to the license application date, would constitute a disqualification from receiving the license.

(5)   Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.

(Code 1961, 5-6-3; Code 2023; Ord. 4276)

All orders taken by a licensed solicitor or peddler for later delivery shall be in writing, in duplicate, stating the terms thereof, and the amount paid in advance and the anticipated delivery date of the merchandise or service. One copy shall be given to the purchaser at the time of taking of said order.

(Code 1961, 5-6-4; Code 2023; Ord.4276)

The license fee shall be as follows:

Weekly                $50.00

Monthly             $150.00

Yearly                $250.00

Such fee shall be paid to the City Clerk before any license is issued.

(Code 1961, 5-6-5; Code 2023; Ord. 4276)

(a)   No person while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 9:00 p.m. and 9:00 a.m.

(b)   It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a canvasser, peddler or solicitor, to enter upon any residential premises in the City whose owner, occupant or other person legally in charge thereof has posted at or in close proximity to the entry thereto a sign bearing the words “No Solicitors”, “No Peddlers” or words of similar import.

(c)   Peddlers and solicitors shall exhibit their license when requested by any prospective customer, any city employee or any law enforcement officer.

(d)   It shall be unlawful for any person other than the licensee to use any license.

(Code 1961, 5-6-6; Code 2023; Ord. 4276)

(a)   Any person aggrieved by the action or decision of the city clerk to deny, suspend or revoke a license issued under this ordinance shall have the right to appeal such action or decision to the City Manager within 15 days.

(b)   An appeal shall be taken by the filing of a written statement with the city clerk stating the grounds for the appeal.

(c)   The city manager shall set a hearing not later than 20 days following receiving appellant's written statement. Notice of the hearing shall be given by mail or any other means likely to assure notice to appellant.

(Code 1961, 5-6-7; Code 2023; Ord. 4276)

It shall be unlawful to violate any provision of this article, and upon conviction punishable by fine of up to $1,000 or jail sentence of not more than 6 months; or by both such fine and jail sentence. If the violation is based upon solicitation, each day of such solicitation shall constitute a separate violation.

(Ord. 4276)