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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