19790619 1979-12ORDINANCE NO. 1979-12
AN ORDINANCE AMENDING CHAPTER 15 OF
THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, IN ITS ENTIRETY
BE IT ORDAINED by the City of Fairfax, Virginia, that
Chapter 15 of the Code of the City of Fairfax, Virginia, be and
it hereby is amended to read in its entirety as follows:
"CHAPTER 15"
VENDORS, PEDDLERS~ AND SOLICITORS
Sec. 15-1 Definitions.
Charitable organization. Any person which is or holds itself
out to be organized or operated for any charitable purpose, or
any person which solicits or obtains contributions solicited
from the public. This definition shall not be deemed to include
any church or convention or association of churches, primarily
operated for non-secular purposes and no part of the net income
of which inures to the direct benefit of any individual; nor
shall it include any political party as defined in Section
24.1-1 of the Code of Virginia, as amended, or any political
campaign committee required by State or Federal law to file a
report or statement of contributions and expenditures; nor
shall it include any labor union registered under Section
40.1-76 of the Code of Virginia, as amended, nor any trade
association; nor shall it include any authorized individual who
solicits, by authority of such organization, solely on behalf
of a registered or exempt charitable organization or on behalf
of an organization excluded from the definition of charitable
organization.
Charitable purpose. Any charitable, benevolent, humane, phil-
anthropic, patriotic, or eleemosynary purpose and the purposes
of influencing legislation or influencing the actions of any
public official or instigating, prosecuting, or intervening in
litigation.
Contribution. Any gift, bequest, devise or other grant of any
money, credit, financial assistance or property of any kind or
value, including the promise to contribute, except payments by
the membership of an organization for membership fees, dues,
1979-12
-2-
fines, or assessments, or for services rendered to individual
members, and except money, credit, financial assistance or
property received from any governmental authority. The term
"contribution" shall not include any donation of blood or any
gift made pursuant to the Uniform Anatomical Gift Act.
Membership. Those persons to whom, for payment of fees, dues,
assessments, etc., an organization provides services and confers
a bona fide right, privilege, professional standing, honor or
other direct benefit, in addition to the right to vote, elect
officers, or hold offices. The term "membership" shall not
include those persons who are granted a membership upon making
a contribution as the result of a solicitation.
Peddling. The offering of any item for sale other than news-
papers or fresh farm products grown, raised or produced by the
seller, when the seller offers such item for sale upon any
street, highway, alley, sidewalk or other public place within
the city.
Peddler. Any person engaging in the act of peddling as defined
herein.
Person. Any individual, organization, trust, foundation,
association, partnership, corporation, society or other group
or combination acting as a unit.
Sg!e, Sell and Sold. The transfer of any property or the
rendition of any service to any person in exchange for con-
sideration, including any purported contribution without which
such property would not have been transferred or such services
would not have been rendered.
Solicit and Solicitation. The request or appeal, directly or
indirectly, for any contribution on the plea or representation
that such contribution will be used for a charitable purpose,
including without limitation, the following methods of requesting
such contribution: (a) any oral or written request; (b) any
announcement to the press, over the radio or television, or by
telephone or telegraph concerning an appeal or campaign to
which the public is requested to make a contribution for any
charitable purpose connected therewith; (c) the distribution,
1~79-12
-3-
circulation, posting or publishing of any handbill, written
advertisement or other publication which directly or by im-
plication seeks to obtain public support; (d) the sale of,
offer or attempt to sell, any advertisement, advertising space,
subscription, ticket, or any service or tangible item in con-
nection with which any appeal is made for any charitable purpose
or where the name of any charitable organization is used or
referred to in any such appeal as an inducement or reason for
making any such sale, or when or where in connection with any
such sale, any statement is made that the whole or any part of
the proceeds from such sale will be donated to any charitable
purpose.
Solicitation, as defined herein, shall be deemed to occur
when the request is made, at the place the request is received,
whether or not the person making the same actually receives any
contribution.
Solicitor. Any person engaging in the act of soliciting as
defined herein.
Vending. The offering of any item for sale other than news-
papers or fresh farm products grown, raised or produced by the
seller, when the seller of such item goes from one place
of human habitation to another offering such item for sale.
Vendor. Any person engaging in the act of vending as defined
herein.
Sec. 15-2 License Required for Vendors~ Peddlers
and Solicitors. No person, except as otherwise provided in
this chapter, shall engage in vending, solicitation, or peddling,
within.the City, without first obtaining a written license
therefor from the Chief of Police. The application for such
license shall be submitted to the Chief of Police and verified
under oath. Applicants shall provide all requested information
included in subsections (a) and (b) of this section except as
otherwise provided in this chapter, and, if required, all
written evidence of such information shall be produced. There
shall be a fee of TEN DOLLARS ($10.00) for the issuance of any
license under this section.
1979-12
-4-
(a) When application is made for a license to solicit as
defined herein within the City, the applicant shall provide the
following information:
(1) The full name of the applicant. If the applicant is
a charitable organization, the name of such organization and
the purpose for which it was organized;
(2) The applicant's full address;
(3) Whether the applicant or organization with which the
applicant is affiliated is registered with the Administrator of
Consumer Affairs of the Commonwealth of Virginia or such other
official as designated in Title 57, Chapter 5, 1950 Code of
Virginia, as amended;
(4) The general purpose or purposes for which the con-
tributions to be solicited shall be used, and, if such solic-
itation is to be made for the benefit of an individual, the
name and address of such individual;
(5) The name or names under which the applicant intends
to solicit;
(6) The names and addresses of the individual(s) or in
the case of an organization, its officer(s) responsible for the
final distribution of the contributions collected;
(7) A statement indicating whether the applicant or, in
the case of an organization, its officers or professional
solicitors have ever been convicted of a felony or a class 1
misdemeanor, and, if so, a description of the pertinent facts;
(8) Any other relevant information necessary to determine
the identity or intent of the applicant and/or purpose for such
solicitation.
(b) When application is made for a license for the purpose
of vending or peddling, the applicant shall provide the following
information:
(1) The full name of the applicant, and, if the applicant
is a company or corporation, the name of such corporation or
company, its principals or officers, and the state in which
such company has its principal place of business and/or is
incorporated;
1979-12
-5-
(2) The applicant's full address;
(3) The type or types of products or merchandise which
the applicant intends to vend or peddle within the City;
(4) A statement indicating whether the applicant or, in
the case of a company or corporation, whether its principals or
officers have ever been convicted of a felony or a class 1
misdeameanor, and, if so, a description of the pertinent facts;
(5) The name or names under which the applicant intends
to peddle or vend;
(6) The estimated amount of sales within the City;
(7) Any other relevant information necessary to determine
the identity of the applicant.
Sec. 15-3 Charitable organizations exempted from licensin~
r~uirements. The following charitable organizations are
exempt from the licensing requirement in Sec. 15-1: (a)
Educational institutions that are recognized by the Superin-
tendent of Public Instruction or that are accredited by a
Regional Accrediting Association or by an organization affilia-
ted with the National Commission of Accrediting Association
Montessori Internationale or the American Montessori Society,
any foundation having an established identity with the afore-
mentioned educational institutions, and any other educational
institution confining its solicitation of contributions to its
student body, alumni, faculty and trustees, and their families;
(b) Organizations which solicit only within the member-
ship of the organization by the members thereof;
(c) Charitable organizations which solicit within the
Commonwealth of Virginia from a place outside the Commonwealth
solely by telephone, telegraph, direct mail or advertising in
national media, and having no chapter, branch, area or office
within the Commonwealth of Virginia;
(d) Churches;
(e) Charitable organizations which are registered with
the Administrator of Consumer Affairs of the Commonwealth of
Virginia or such other official as designated in Title 57,
1979-12
-6-
Chapter 5, 1950 Code of Virginia, as amended, or if such organiza-
tion is a chapter, branch or affiliate included in the consol-
idated report of an organization or federated organization
registered with the Administrator of Consumer Affairs of the
Commonwealth of Virginia;
(f) The American Red Cross.
Sec. 15-4 Charitable Organizations exempted from providing
financial information. Charitable organizations which have
registered with the Administrator of Consumer Affairs of the
Commonwealth of Virginia or such other official as designated
in Title 57, Chapter 5, 1950 Code of Virginia, as amended,
pursuant to Sec. 57-49, Code of Virginia, as amended, for the
current and next three (3) preceding years or are exempt from
registration for such years under Sec. 57-50, Code of Virginia,
as amended, shall not be required to provide financial informa-
tion in order to obtain a license under this chapter.
Sec. 15-5 Expiration date of licenses. All licenses which may
be granted under the provisions of this chapter shall expire on
December 31st of the year in which granted. No person shall
carry on any activity regulated by this chapter after such
expiration date unless a new license has been obtained.
Sec. 15-6 Investigation of applicants for licenses by
Chief of Police; Refusal and revocation of licenses by Chief
of Police; a~eal of action of Chief of Police to City Council.
On receiving any request for a license under the provisions of
this chapter, the Chief of Police shall investigate the person
seeking such license and the person the applicant represents,
before granting or denying the license. The Chief of Police
shall deny the request for a license or may revoke a license
once granted, when, upon investigation, a valid reason is shown
through any Better Business Bureau, any Police Department, any
Chamber of Commerce or any similar informative agency or through
any person. Valid reasons for denial or revocation shall
include, without limitation, the expenditure of charitable
assets for noncharitable purposes, that the applicant or his
employer, business, or project desires such license to enable
the applicant to practice some dishonest or immoral act, or has
1979-12
-7-
engaged, is engaging, or intends to engage in any misrep-
resentations to the public or to any prospective donor or
purchaser, or any violation of state or local law, or any act
harmful to the health, safety, or welfare of the City or its
residents. In the event any request for license is denied or a
license is revoked by the Chief of Police, the Chief of Police
shall state his reasons for such action in writing, and shall
mail a copy of such statement to the applicant, and such action
or revocation may be appealed to the City Council by mailing a
written notice of appeal to the City Manager within ten (10)
days of receipt of the said written notice of denial or rev-
ocation from the Chief of Police. Judicial review of the
actions of the City Council is provided in Sec. 57-63 (b) of
the Code of Virginia, as amended.
Sec. 15-7 Licenses may. provide, reasonable limits on activities
licensed. Such licenses, when granted, may impose reasonable
limitations of time and place on the licensed activities, when
such limitations are necessary to protect the public health,
safety, or welfare.
Sec. 15-8 Penal bond r.e~uired for vendor's or peddler's license
when money taken in advance of delivery. Notwithstanding any
other provision of this chapter, no vendor's or peddler's
license shall permit the licensee to sell or take orders for,
or offer to sell or take orders for, any item for future delivery,
where such vendor demands, accepts, or receives payment or
deposit of money in advance of final delivery, unless such
application shall be accompanied by a bond in the penal sum of
FIVE HUNDRED DOLLARS ($500.00), or the estimated amount of
sales within the City, as determined by the applicant, which-
ever is greater. Such bond shall be payable through the City,
with a surety company or two responsible freeholders residing
in the City as sureties, or in lieu thereof, by a cash bond of
equal amount, conditioned upon the making of the final delivery
of the items ordered, in accordance with the terms of such
order, or failing therein within a reasonable period of time,
that the advance payment of such order shall be refunded. Any
1979-12
-8-
person aggrieved by the action of any such vendor or peddler
shall have a right of action on the bond for the recovery of
money or damages or both. In case of a cash bond, such bond
shall be retained by the City for a period of ninety (90) days
after the expiration of any such permit.
Sec. 15-9 Orders to be in duplicate; purchaser to be given
one copy of order. All such orders for sales as are con-
templated in the preceding section shall be in writing, in
duplicate, stating the terms thereof and the amount paid in
advance. One copy thereof shall be given to the purchaser.
Sec. 15-10 Misrepresentation of products, etc. No person shall
knowingly make any misrepresentation of himself, his product,
or any other misstatement of fact as an inducement to obtaining
orders, sales or contributions.
Sec. 15-11 Violations to be a misdemeanor. Any violation of
the provisions of this chapter shall be punished as a misdemeanor.
Sec. 15-12 Relation to tax and business license provisions.
Compliance with the provisions of this Chapter shall not be
deemed to exempt any vendor, peddler, or solicitor from any
applicable provisions of law concerning taxes or business
licenses.
This amendment shall become effective June 19, 1979. .
Introduced: June 5, 1979.
Adopted: June 19, 1979.
ATTEST:
Mayor
City Clerk