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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THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 10, Title 3, is hereby repealed.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: 7