19890611 1989-26ORDINANCE NO. 1989- 26
AN ORDINANCE AMENDING SECTIONS 16-10(a),
16-11, 16-12 (a) (d), 16-18, 16-19, 16-25,
ARTICLE II, CHAPTER 16 OF THE CITY OF
FAIRFAX, VIRGINIA REGARDING PEDDLERS,
SOLICITORS AND VENDORS.
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 16-10 (a) is amended to read in
its entirety as follows:
Sec. 16-10. Definitions.
(a) For the purpose of this article, the following words
and phrases shall have the following meanings:
(1) Canvass, canvassing. Opinion-sampling, poll-taking
or other similar activity from house to house or place to
place, in person, for compensation or at the direction of a
person who is compensated.
(2) Canvasser. Any person engaging in the act of
canvassing.
(3) Chief of police. The chief of police of the City of
Fairfax, Virginia, or his designee.
(4) City. City of Fairfax, Virginia.
(5) Civic organization. Any local service club,
veterans' post, fraternal society or association, volunteer
fire or rescue group, or civic league or association of ten
(10) or more persons not organized for profit but operated
exclusively for educational or charitable purposes, including
the promotion of community welfare, the net earnings of which
are devoted exclusively to charitable, educational,
recreational or social welfare purposes.
(6) Peddle, peddling. To operate from a temporary
stand, display or similar facility or to travel from place to
place carrying, conveying or transporting goods, wares~ &m~
merchandise or other materials for the purposes of offering
the same for sale or exchanqe for money or other
consideration. Soliciting orders and, as a separate
1
1989-26
transaction, making deliveries to purchasers as a part of a
scheme or design to evade the provisions of this article shall
also be deemed peddling and shall be subject to the provisions
of this article.
(7) Peddler. Any person engaging in the act of
peddling.
(8) person. Any individual, organization, trust,
foundation, association, partnership, corporation, society, or
other group or combination acting as a unit.
~9) Promoter. Any individual who sponsors an arts an~!
crafts show in a full enclosed sho in mall where
individual arts and crafts peddlers or solicitors offer good~
.for sale to the qeneral public.
~fl0) Sale, sell, sold. The transfer of any property
or the rendition of any service to any person in exchange for
consideration, including any purported contribution without
which such property would not have been transferred or such
services would not have been rendered.
~11) Solicit, solicitation. To travel from place to
place taking or attempting to take orders for merchandise or
subscriptions for future delivery, or for services to be
furnished in the future, whether or not the individual uses
samples or collects advance payments; to use any building or
structure, within the city for the sole purpose of exhibiting
samples and taking orders for future delivery.
~£12) Solicitor. Any person engaging in the act of
soliciting.
BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Sections 16-11, 16-12, 16-18, 16-19,
and 16-25, Article II, Chapter 16 of the Code of the City of
Fairfax, Virginia are hereby amended to read in their entirety
as follows:
2
1989-26
(1)
applicant;
(2)
(3)
(4)
Sec. 16-11. License required.
It shall be unlawful for any solicitor, canvasser, or
peddler as defined in section 16-10 to engage in such business
or act within the corporate limits of the city without first
obtaining and having in ~s its possession a valid license in
compliance with the provisions of this article. Except.
however, a promoter, as defined in section 16-10, may obtain.,
promoter's license according to the provisions set forth in
section 16-12 to sponsor one arts and crafts show whern
peddlers or solicitors sell their goods for a period of time
not exceeding seven (7) days.
Sec. 16-12. License application.
(a) Any person desiring to act as a peddler, solicitor,
e~ canvasser or promoter within the city first shall file with
the chief of police a sworn application in writing, on a form
to be provided by the city, containing the following
information:
Name, permanent and local business address of the
Home address of the applicant;
If employed, the name and address of the employer;
A brief description of the nature of the business
and, if applicable, the goods to be sold or the services to be
performed;
(5) A statement as to whether or not the applicant has
been convicted, pleaded nolo contendere or suffered a
forfeiture on a charge of violating any local, state, or
federal law, excluding traffic violations, the nature of the
offense and the punishment or penalty assessed;
(6) The length of time the applicant intends to do
business in the city;
(7) The description and license plate number of any
vehicle to be used in any activity regulated by this article;
1989-26
(8) The place where the goods or products sold or
offered for sale are manufactured or produced; the place where
the goods or products are located at the time the application
is filed; and the proposed method of delivery; and
(9) The names of at least two (2) persons who will
certify the applicant's good character and business
responsibility or, in lieu of the names of references, any
other available evidence as to the good character and business
responsibility of the applicant.
(b) The written application shall be accompanied by:
(1) Credentials establishing the applicant's
relationship with his employer, if he is not self-employed,
and
(2) A recentt~ ~&~em photograph of the applicant clearly
showing the face and shoulders.
(c) A set of fingerprints of the applicant shall be
taken by the City police Department at the time the
application is submitted.
(d) In addition to the above requirements, at the time
of submission of the written application, a promoter shall:
(1) File a statement with the chief of police
listinq the full name, address and telephone number of
all individual peddlers or solicitors who will be
participating in the arts and crafts show.
(2) File a statement with the chief of police
aqreeinq that the applicant will be responsible for
payment of the gross receipts tax imposed by section 12-
24 of the Code of the City of Fairfax for each peddler or
solicitor participating in the arts and crafts show.
1989-26
Sec. 16-18. Bond.
(a) Every applicant, except as provided in (b) herein,
shall post with the chief of police a surety bond in favor of
the city in the amount of one thousand dollars ($1,000.00).
Such bond shall be with a corporate surety licensed to do
business in the Commonwealth of Virginia; shall contain a
condition that the applicant shall comply fully with all
applicable federal, state and local laws, rules, and
regulations concerning the activity for which the applicant is
to be licensed; and shall guarantee that the property
purchased by any city resident shall be in accordance with the
specifications, standards, and conditions represented to the
purchaser by the applicant and that all money
paid will be accounted for and applied according to the
applicant's representations. A blanket bond otherwise meeting
the requirements of this section shall be acceptable.
(b) Every promoter shall post with the chief of police ~
surety bond in favor of the city in the amount of five
thousand dollars ($5,000.00) when sponsoring a show with les~
than ten (10) peddlers or solicitors, in the amount of ten
thousand dollars ($10,000.00) when sponsorinq a show with
between ten (10) and thirty (30) peddlers or solicitors, and
in the amount of fifteen thousand dollars ($15,000.00) when
sponsorinq a show with over thirty (30) peddlers or
solicitors. Such bond shall be from a corporate surety
licensed to do business in the Commonwealth of Virginia; shall
contain a condition that the applicant and the peddlers or
solicitors shall comply fully with all applicable federal,
state and local laws, rules and requlations concerninq th~
activity for which the applicant is to be licensed; shall
guarantee that property purchased by any city resident from
any peddler or solicitor shall be in accordance with the
specifications, standards and conditions represented to the
purchaser by the peddler, solicitor, or promoter; and shall
provide that all money paid will be accounted for and
5
1989-26
applied according to the peddler's, solicitor's and/or
promoter's representations. A blanket bond otherwise meeting
the requirements of this section shall be acceptable.
~(c) Any person aggrieved by any act of the
principal named in such bond in violation of the provisions of
this article may proceed on such bond against the principal,
the surety or both.
Sec. 16-19. Carrying and exhibiting license.
It shall be unlawful for any peddler, solicitor, or
canvasser to fail to carry ~s a valid license at all times
while engaged in peddling, soliciting, or canvassing in the
city, and it shall also be unlawful for any peddler,
solicitor, or canvasser to fail to exhibit ~s a valid license
when requested by any prospective purchaser, questionee or law
enforcement officer.
Any peddler or solicitor sponsored by a promoter is not
required to meet the provisions of this section; however, a
promoter must display a valid promoter's license at all times
at the site of an arts and crafts show.
Sec. 16-25. Relation to tax and business license
provisions.
Compliance with the provisions of this article shall not
be deemed to exempt any canvasser, peddler~ er solicitor or
promoter from the applicable provisions of law concerning
taxes or business licenses. A promoter shall be responsible
for payment of the gross receipt license tax for each peddler
or solicitor listed on the application for a promoter's
license.
6
1989-26
This ordinance shall become effective upon execution by
the Mayor.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
MaS 23~ 1989
June 11, 1989
June 11~ 1989
ATTEST:
~ -0 city Cl~rk
7