[HISTORY: Adopted by the City Council of
the City of Lowell 4-26-1988 as Ch. 11, Art. V of the 1988 Code. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, whether a resident of the City or not, traveling
either by foot, wagon, automobile, motor truck or any other type of
conveyance, from place to place, from house to house or from street
to street, taking or attempting to take orders for the sale of goods,
wares and merchandise, personal property of any nature whatsoever
for future delivery or for services to be furnished or performed in
the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such sale, or whether he is collecting
advance payments on such sales or not, provided that such definition
shall include any person who, for himself or for another person, firm
or corporation, hires, leases, uses or occupies any building, structure,
tent, railroad boxcar, boat, hotel room, motel room, lodging house,
apartment, shop or any other place within the City for the sole purpose
of exhibiting samples and taking orders for future delivery.
It shall be unlawful for any solicitor or canvasser
to engage in such business within the corporate limits of the City
without first obtaining a license therefor in compliance with the
provisions of this chapter.
It shall be unlawful for any person to go in
or upon private residences in the City for the purpose of distributing
advertising material of a commercial nature, not having been requested
in writing to do so by the owner or occupant of such private residence.
The foregoing provision shall not apply to the distribution of advertising
material by any charitable organization, newspaper, nonprofit organization
or the United States Postal Service.
A.
Applicants for a license under this chapter must file
with the City Clerk a sworn application in writing, in duplicate,
on a form to be furnished by the City Clerk, which shall give the
following information:[1]
(1)
Name and description of the applicant.
(2)
Permanent home address and full local address of the
applicant.
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
The place where the goods or property 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 such
application is filed and the proposed method of delivery.
(7)
The names of at least two reliable property owners
of the county who will certify as to the applicant's good character
and business respectability or, in lieu of the names of references,
such other available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility.
(8)
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.
A.
Upon receipt of a license application under this chapter,
the original shall be referred to the Superintendent of Police, who
shall cause an investigation of the applicant to determine the following
facts:
B.
If, as a result of such investigation, the Superintendent of Police shall find that either Subsection A(1) or (2) is answered in the affirmative, he shall endorse on such application his disapproval and his reasons therefor and return the same to the City Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Superintendent of Police shall endorse on the application his
approval, execute a license addressed to the applicant for the carrying
on of the business applied for and return such license along with
the application to the City Clerk, who shall, upon payment of the
prescribed license fee, deliver to the applicant his license and issue
a license. Such license shall contain the signature and seal of the
issuing officer and shall show the name and address of the licensee,
the class of license issued, the kind of goods to be sold thereunder,
the amount of fee paid, 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 Clerk shall keep a permanent record of all licenses
issued.[1]
B.
The annual fees herein provided shall be assessed
on a calendar-year basis, and on or after July 1 the amount of such
fee for an annual license shall be 1/2 the amount stipulated above
for the remainder of the year.
C.
None of the license fees provided by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the City Clerk for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Clerk shall then conduct an investigation, comparing the applicant's business with other businesses of like nature, and shall make findings of fact from which he shall determine whether the fee fixed by this section is unfair, unreasonable or discriminatory as to the applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Clerk shall have the power to base the fee upon a percentage of gross sales or any other method which will assure that the fee assessed shall be uniform with that assessed on business of like nature, so long as the amount assessed does not exceed the fees as prescribed by Subsection A of this section. Should the City Clerk determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applicant's business in the City or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license fee as prescribed in Subsection A of this section.
Every applicant for a license under this chapter
shall file with the City Clerk a surety bond running to the City in
the amount of $1,000 with surety acceptable to and approved by the
City Solicitor, conditioned that such applicant shall comply fully
with all the provisions of the ordinances of the City and the statutes
of the commonwealth regulating and concerning the business of solicitor
and guaranteeing to any citizen of the City that all money paid as
a down payment will be accounted for and applied according to the
representations of the solicitor, and further guaranteeing to any
citizen of the City doing business with such solicitor that the property
purchased will be delivered according to the representations of such
solicitor. Action on such bond may be brought in the name of the City
to the use or benefit of the aggrieved person.
Solicitors and canvassers are required to exhibit
their licenses at the request of any citizen.
It shall be the duty of any police officer of
the City to require any person seen soliciting or canvassing, and
who is not known by such officer to be duly licensed, to produce his
solicitor's or canvasser's license and to enforce the provisions of
this chapter against any person found to be violating the same.
The Superintendent of Police shall report to
the City Clerk all convictions for violation of this chapter, and
the City Clerk shall maintain a record for each license issued and
record the reports of violation therein.
A.
Licenses issued under the provisions of this chapter
may be revoked by the City Clerk after notice and hearing for any
of the following causes:[1]
(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 or as canvasser.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of soliciting or canvassing
in an unlawful manner or in such a manner as to constitute a breach
of the peace or a menace to the health, safety or general welfare
of the public.
B.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Superintendent of Police or the City Clerk in the denial of a license as provided in § 125-5, or the action of the City Clerk in the assessing of the fee as provided in § 125-6C, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on the appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 125-11 for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
All annual licenses issued under the provisions
of this chapter shall expire on December 31 in the year when issued;
other than annual licenses shall expire on the date specified in the
license.
