517 Peddler & Solicitor Licenses;~
ORDINANCE NO.~_7
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 10, TITLE
3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN
AND RE-ENACTING AND ADOPTING A NEW CHAPTER 10, TITLE 3 OF THE
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN
PROVIDING FOR THE LICENSING OF PEDDLERS AND SOLICITORS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the said City to repeal Chapter 10, Title 3 of the
Meridian Ordinances and to re-enact said Chapter 10, Title 3
with changes effective as set forth hereinafter which provide
for licensing of peddlers and solicitors;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Chapter 10, Title 3, is hereby repealed.
SECTION 2: That Chapter 10, Title 3 of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted
and adopted and which shall read as follows:
3-1001: JURISDICTION: The following provisions shall
apply to peddlers and solicitors operating or doing business
within the incorporated areas of the City of Meridian,
3-1002: DEFINITIONS:
AM BROSE,
FITZGERALD
6 CROOKSTON
1
Attorneys end
Counselors
R.G. BOY X27
Meddlan, Idaho
B3B0Y
TeleDhona BBB~~~81
PEDDLER: Any person who sells or offers for
sale any commodity or article,
traveling from place to place in
the City, or who sells or offers
for sale going from place to place
in the City any commodity or
article, and who carries such
commodity or article with him for
delivery at the time of sale.
Excepting from this definition is
any person who would be defined as
a peddler but for the fact they
have been invited to the premises
or place by the owner or occupant
of the premises or place.
SOLICITOR: Any person who goes from house to
house or from place to place
within the County of Ada, taking
orders for, or offering to take
orders for goods, wares or
merchandise, or any article for
future delivery, or for services
to be performed in the future, or
for the making, manufacturing or
repairing of any article or thing
whatsoever for future delivery.
Excepted from this definition is
any person who would be defined as
a solicitor but for the fact they
have been invited to the premises
or place by the owner or occupant
of the premises or place.
3-1003: LICENSES REQUIRED:
A. PEDDLERS:
1. It shall be unlawful for any
person to act as a peddler within
the meaning and application of
this Chapter, without first
securing a license to do so from
the City Clerk.
AMBROSE,
FITZGERALD
B CROOKBTON
Attomeye antl
Counaelon
P.O. eoa 127
Meritlien, Itlaho
83862
Talaplgne BBBd181
2
ii • •
AMBROSE,
FITZGERALD
d CROOKSTON
Attorneys antl
Caunaeloro
P.O. Box 427
Maritllan, Idaho
83802
Telephone 888-M81
2. Any person desiring a license to
act as a peddler within the City
shall make application therefor to
the Clerk on forms to be provided
by the Clerk stating the name and
address of the applicant, the name
and address of the firm which he
represents, if any, and the kind
of goods offered for sale and
which application shall require
the applicant to state under oath
and upon penalty of perjury as
proscribed by Idaho Code, 18-5409,
that he has read the Idaho
Consumer Protection Act, Title 48,
Chapter 6 and the Home
Solicitation Sales provisions of
28-32-501 and 502, Idaho Code,
that he has not in the past,-3oes
not presently, and will not in the
future violate any of the
provisions thereof, specifically
including Section 48-603, Idaho
Code, and that he will
specifically comply with the
requirements of 48-603 A, Idaho
Code, Unfair Solicitation
Practices.
SOLICITORS:
1. It shall be unlawful for any
person to act as a solicitor
within the meaning and
application of this Chapter,
without first securing a license
to do so from the City Clerk.
2. Any person desiring a license to
act as a solicitor within the City
shall make application therefor to
the Clerk on forms to be provided
by the Clerk, stating the name and
address of the applicant, the name
and address of the firm which he
represents, and the kind of goods
offered for sale, or the kind of
services to be performed and which
application shall require the
applicant to state under oath and
upon penalty of perjury as
proscribed by IDAHO CODE, 18-5409,
that he has read the Idaho
Consumer Protection Act, Title 48,
Chapter 6 and the Home
Solicitation Sales Provisions of
28-32-501 and 502, Idaho Code,
that he has not in the past,~es
not presently, and will not in the
future violate any of the
provisions thereof, specifically
including section 48-603, Idaho
Code, and that he will
specifically comply with the
requirements of 48-603A, Idaho
Code, Unfair Solicitation
Practices. Such application shall
be accompanied by a bond in the
penal sum of TEN THOUSAND DOLLARS
($10,000.00), executed by a surety
company authorized to do business
in Idaho, or in lieu thereof, a
cash bond of equal amount,
conditioned upon the making of
final delivery of the goods
ordered or services to be
performed, in accordance with the
terms of such order, or failing
therein, that the advance payment
on such order be refunded. Any
person aggrieved by the action of
such solicitor shall have a right
of action on the bond for the
recovery of money or damages or
both. Such bond shall remain in
full force and effect, and in case
of cash deposit, such deposit
shall be retained by the City, for
AMBROSE,
FITZGERALD
B CROOKSTON
Atlorneys ,nO
Couneelore
V.O. Box 12T
Mxltllen, ItlNo
89812
Teleptrone 8BBa181
4
a period of ninety (90} days after
the expiration of the license,
unless sooner released by order of
the City Council,
C. Each individual peddler or
solicitor shall be required to
obtain a license, and in the case
of a solicitor furnish the bond,
and a corporate license or
partnership license shall not be
required.
3-1004: LICENSE FEES:
A. PEDDLERS: PEDDLERS SHALL PAY A LICENSE FEE
OF:
$25.00 per month or fractional part
thereof
$65.00 for 3 months
B. SOLICITORS: SOLICITORS SHALL PAY A LICENSE
FEE OF:
$25.00 Monthly
$65.00 Quarterly
3-1005: REPORTS:
Every peddler and solicitor shall maintain a
log of each and every place, business,
residence or building where he has, in the
case of a peddler, offered to sell any
merchandise or service, or in the case of a
solicitor, solicited any order; that such
log shall state the name of the peddler or
solicitor, the name of the person spoken to
at the place or premises, the address, the
date and time of the offer of sale or
solicitation, and whether a sale was made or
an order taken and the amount involved in
the transaction; the peddler or solicitor
shall also maintain a receipt book for all
AMBROSE,
FIRGERALO
B CROOKSTON
ABOrneya sM
COUneelOra
P.O. Boa 62y
Mer101en, IEMo
&tN2
reuPhone BB8~81
5
transactions which shall be available for
inspection by the City Clerk upon demand;
that the peddler or solicitor shall deliver
a true and correct copy of the log to the
City Clerk on the monthly anniversary of the
issuance of the peddler's or solicitor's
license; failure to maintain the log or
deliver a copy thereof to the City Clerk or
failure to maintain a receipt book shall be
grounds to terminate the license immediately
by the City Clerk; to re-obtain a license
the fees therefore shall again be paid prior
to re-issuance of a license.
3-1006: PROCEDURES FOR TAKING ORDERS:
All orders
shall be in
the terms t
advance, and
purchaser at
order.
taken by
writing,
hereof, a
one copy
the time
licensed solicitors
in duplicate, stating
nd the amount paid in
shall be given to the
of the taking of the
3-1007: APPEAL:
Any person denied a license or whose Ticense
has been revoked by the City Clerk may
appeal to the City Council by submitting a
written appeal to the City Clerk within ten
(10) days after the action of denial or
revocation of the license; the City Council
shall hear the appeal within thirty-one (31)
days of the filing of the appeal.
3-1008: PENALTY:
Any person who violates any of the
provisions of this Chapter shall be guilty
of a misdemeanor and as punishment therefor
shall be fined not more than THREE HUNDRED
DOLLARS ($300.00) or serve not more than six
(6) months in the Ada County jail, or both
such fine and imprisonment. Additionally,
any applicant for a license having signed
AMBROSE,
FITZG ERALO
B CROOKSTON
Altomeys and
C.OV1188IOra
P.O. Boz IZT
Merldlan, Itlaho
838aZ
Telephone 88B~a81
.~ .
the application under oath upon penalty of
perjury may be prosecuted under the laws of
the State of Idaho pertaining to perjury if
any portion of the application is found to
be untrue or if the applicant has been found
to have violated the Idaho Consumer
Protection Act or the Home Solicitation
Sales Provision and he has stated that would
not so violate those laws.
3-1009: CONSTITUTIONALITY:
In the event any portion or segment of this
Chapter is found to be unconstitutional the
remaining portion shall be unaffected and
enforceable.
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an
emergency therefor, which emergency is declared to exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
h
PASSED AND APPROVED this ~aJ day ot~~~~; 1989.
CITY OF MERIDIAN
B Y ~><~~~"""
GRANT P. KIN SFOR ,' AYOR
AM BROSE,
FI7ZGERALD
6 CROOKSTON
Attorneys entl
Counselors
P.O. Bon s27
Merltllen, ItlaNo
B3B/2
TelepNOne BBBJ~81
ATTEST:
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