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HomeMy WebLinkAboutD-1034 Door-To-Door LicenseORDINANCE D-3~s2s AN ORDINANCE FOR DOOR-TO-DOORVENDORS AND PROVIDING PENALTIES AMENDING CHAPTER 4, SECTIONS 4-26 WHEREAS, the City of Camel has determined that the right of privacy of residents of the City of Camel has frequently been disturbed by the activities of door-to-door vendors; and, WHEREAS, the City of Camel has become aware of instances where residents of the City have been harassed, threatened, treated in a rude manner by door-to-door vendors; and, WHEREAS, the City of Camel desires to institute safeguards to protect its residents from unscrupulous, irresponsible, rude and obnoxious behavior of door-to-door vendors; and, WHEREAS, the City of Camel desires to be compensated in the form of a fair and reasonable fee for issuing a license; and, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Camel, Indiana, that Chapter 4, Section 4-26 should be amended and/or repealed by the following section: Section 4-26 Door To Door Vendors. (a) DEFINITIONS (1) VENDOR. Any person, partnership, sole proprietor, corporation, business, or other entity, except Camel Clay resident minors, which are engaging in the activity of selling, soliciting, canvassing, peddling, merchandising, promoting, or otherwise brokering products or property, whether real or personal, tangible or intangible, to the general public. (2) DOOR TO DOOR. The method of vending products or property by which the vendor solicits sales, contributions, support, endorsements, or other benefits, from Camel residents, occupants, or tenants, by going to their residence door and seeking such benefits, without having been invited to do so. (0rd. No. D-480, Section 1.01, 5-5-86) (b) LICENSING. (1) Every vendor, including their agents, servants, or employees, desiring to engage in a door-to-door activity within the limits of the City of Camel, Indiana, shall first obtain from the office of the Clerk-Treasurer a license permitting such door-to- door sales. (2) The Clerk-Treasurer shall provide each applicant with a form questionnaire application to be processed by the Clerk- Treasurer's office. The application shall contain questions -2- regarding principal place of business, nature of sales and product, background and history of the applicant, and such other information as the Clerk-Treasurer deems relevant. The Clerk-Treasurer shall then submit each application to the Carmel Police Department for a criminal background investigation for the applicant before issuing a license for door-to-door sales. (3) A license shall be issued by the Clerk-Treasurer upon applicant satisfactorily completing the application, receipt of confirmation from the Carmel Police Department that the applicant has no felony or serious misdemeanor conviction which would constitute a crime of moral turpitude, and upon receipt from the applicant of a fee. (4) Each vendor shall openly display upon his person while engaging in door-to-door sales activity an I.D. card issued by the Clerk-Treasurer. It shall be illegal to transfer the license to any other person not listed on the application. (c) RESTRICTIONS ON LICENSE (1) Each licensee shall be restricted to conducting their door-to-door activities during the following times of the day: (i) April 1 to October 31; 10 A.M. to 7 P.M. (ii) November 1 to March 31:10 A.M. to 6 P.M. The door-to-door activity may take place on any weekday or weekend day during aforementioned times. (2) Each license shall be valid for a specified period of time. Upon the expiration of the license, the vendor shall either reapply to the Clerk-Treasurer or cease its activity. (3) Each vendor shall comply with all Ordinances of the City of Carmel, Indiana, Hamilton County, and statutes of the State of Indiana relating to the license or its use, and failure of a license holder to do so may result in revocation of the license. (Ord. No. D-480, Section 3.01, 5-5-86) (d) REVOCATION OR REFUSAL TO LICENSE. (1) If the Clerk-Treasurer determines the applicant for a door-to-door license has caused any of the following, then the Clerk-Treasurer shall notify the Executive, or his/her designee, who shall refuse to issue license or shall revoke an issued license: (i) Put false information on the application; ( ii ) Been convicted of a felony or serious misdemeanor amounting to moral turpitude; (iii) Violated an Ordinance of the City of Carmel, State of Indiana, or Hamilton County relating to the license or its use; (iv) Violated the restrictions of the license; (v) Failed to display the permit or license; (vi) Transferred the license to a non-approved person; (vii) The Clerk-Treasurer receives more than one verifiable complaint of rudeness, forcible tactics, refusal to leave, or other undesirable behavior from a resident of the City of' Carmel concerning the applicant's use of the license. (2) Notice of revocation shall be made in writing by the Mayor and may be served either by mail or by personally serving the licensee with the written notice of revocation. (3) Denial or revocation of a license by the Clerk-Treasurer or the Executive of the City, or his/her designee, shall entitle the applicant, upon written request within seven (7) days of the issuance of the denial, to appeal the decision to the next regularly scheduled meeting of the Carmel Board of Public Works and Safety. (Ord. No. D-480, Section 4.01, 5-5-86) ( e ) PENALTIES (1) Any vendor engaging in a door-to-door activity without being properly licensed shall be subject to a fine of One Hundred Dollars ($100.00) per day up to a maximum of Two Thousand Five Hundred Dollars ($2,500.00). (2) The City may, through its legal department or other appropriate agency, seek a temporary restraining order and/or permanent restraining order against the offender in any Court of Competent jurisdiction. (3) The City's remedies shall be cumulative and pursuit of one remedy shall not preclude another. (4) Willful or intentional disregard of this licensing Ordinance shall entitle the City to collect from the violator its costs of attorney's fees, Court costs, and other reasonable expenses incurred by the City obtaining a restraining order or other necessary remedy, if such violation is pursued by any legal counsel not a member of the Department of Law. (Ord. No. D-480, Section 5.01, 5-5-86) (f) APPLICATION FOR LICENSE, BOND AND FEES. Any person, firm or corporation desiring to engage in business as a door-to-door vendor as herein defined, within the City, shall make application in writing to the Clerk-Treasurer for a license to do so seven (7) days before the applicant shall be authorized to begin the business. Such application shall state the name, social security number and residence of the applicant, the place where -4- such business is to be conducted, the kind of goods to be sold and the length of time for which the license is desired. Such application shall be accompanied by a bond in the penal sum of Five Hundred Dollars ($500.00) executed by a surety company. If there is a violation of the license, the City may institute action to recover. Upon the filing of such application and bond, and the positive recommendation of the Police Department, a license shall be issued by the Clerk-Treasurer to the applicant to begin business no less than seven (7) days after the date of the filing of the application and bond, upon the payment of the following fees in cash: (a) 1 day (b) 1 week (c) 1 month ( d ) 1 year $ 10.00 30.00 60.00 150.00 All such license fees must be paid in advance and if any such licensee desires to continue in business after the expiration of such license, a new license must be secured in the same manner and upon the same terms as the original license. The person or organization exempted by the laws of this State or the City from the payment of said license fees, shall before beginning such business, present to the Clerk-Treasurer of the City, his credentials, showing that he is entitled to such an exemption and shall execute and file a bond as above required, and upon approval of said bond, shall then receive a license from said Clerk-Treasurer. SECTION 8. SEVERABILITY CLAUSE. If any clause, sentence, section, paragraph or part of this Chapter shall, for any reason, be adjudged by any Court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder of this Chapter, but shall be confined in its operation to the clause, sentence, section, paragraph or'part thereof, which is directly involved in the controversy in which such judgement shall have been rendered. SECTION II. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. SECTION III. This Ordinance shall be in full force and effect after its passage and 30 days after its publication in the Noblesville Times and Noblesville Ledger. ALL OF WHICH IS ORDAINED THIS ~ DAY OF ~-6.~ . , 1993, -5- ATTE S T: T. E.~on, Presiding Officer ATTEST: Cler~ ~e~r , Tr / Presented by me t the Mayor of this City of Carmel, di on the T. E. Jonnson, Mayor