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147`*~ r ,• ~ .,..~ _ ` ORDINANCE N0. 14? ~_ An Ordinance Defining, Regulating ~d Licensing Solicitors and Canvassers and Providing Penalties far the Violation Thereof BE IT O1~AINED BY ~ COUNCIL OF ~ CITY OF WEST I~.'HIS, ARR~SIIS. it end License Re SLCTICN 1. T'e,rm quired. It shall be unlawful for s¢iy ~, ', solicitor or canvasser as defined in Section 2 of this ~dinance to engage in such business within the corporate limits of the City of West Memphis without first obtaining a permit end license therefc~ is caanplience with the provisions of this ~dinanoe. SECTICN 2. Definition. A canvasser or solicitor is defined as any individual, whether resident of the City of West Memphis or not, traveling either by foot, wagon, automobile, motor truck, sae any other type of convey- ance, from place to place, from house to hous®, ~ from street to street, taking ar attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, ox for ser- vices to be furnished or performed in the future, whether or not such individual has, carries ar exposes for sale a sample of the sub ject of such sale or whether he is collecting advance paymemts on such sales or not, provided that such d®finition shall include emy person who, for himself, or for another person, firm ~ corporation, hires, leases, uses, cs occupies any building, structure, tent, railroad boa car, boat, hotel room, lodging house, apartment, shop, or any other place within the City for the sole purpose of exhibiting samples end taking ciders for future delivery. ~-- 3ECTICN 3. ~'olie~ i~• SPplicants for permit and license under this ordinance must Pi le with the City Clerk a aware applicati on in writing: (in duplicate) on a form to be furnished by the City Clerks which shall give the follcsfing informati on: (a) Name end description ad' the applicant; (b) permanent haone address and full local address of the applicant; ~ (c) A brief deacripti on cf the nature of the busine ss a~ the goods to be sold; (d) If employed, the name and address of the empa.~er, together with credentials establishing the enact relationship; i_-.---- ~.. ~~ - 2 - (e) The length of time for which the right to do business is desired; (f) The place where the goods or property proposed to b® sold, or orders taken for the eels thereof, are manufactured ar produced, where such goods or products are located at the time. said appli- cation is filed, and the propos ed me#ihod o~P delivery. (~' A photograph.. af' the appli nt , taken within 60 days immediately prior to tine date of the ling of the ap plication, which picture shall b® 2" by 2" sho g the head and shoulders of the applicant in a cle ar and disti ishing manner, ~' The fingerprints of the applicant and the names of at least t~9 reliable property owns s cd' the County of Critten~,ea; Arkanaaa~~"[rho will certify as to th applicant's good character and business respectability, or, n lieu of the names of references, such other available evidence s to the good character and business respoaai- bility of the app cant as will enable an investigp~tor to properly evaluate such eh eter and business responsibility; -,. A statement as to whether ~ not the applicant has been convicted of any crime, misdemeanor, or violation of say municipal cn•dinance, s, the nature of the of Tense sixl the 'punishment ~ penalty assessed z . therefor; and {~ A statement by a reputable hysician aP' the Citq of 41est Memaphie, dated not mare than ten O j days pries to submission of the application, certifying he applicant to be free of contagious, infectious, or communi able disease., ton a~fee of / shall be paid At the time of fi 1 ing 'the ap pl i ca i , ~~____ to the City Clerk to cover the cost od' investigation of the facts stated therein. SECTICtT 4, Innves~igation and Issuane_e_. (a) Upon receipt of such application, the original shall be referred to the Chief of Police, ~o shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection c~ the public good. '~/` (~) If as a result of such investigation, the applicant's character or business re sponsibi lity is Pound to b e uns atisfactory, the Chief of (Police shall _.., ... . endorse on such application his disapproval and his reasons for the same, and return the said application Ito the City Clerk, who shall notify the applicant that his application is disapproved at~d that no permit end license will be issued. b .:~ - 3 - (c) IY as a result oY such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant Yor the carrying on of the business applied for and return said permit, along wl.th the application to the City Clerk, who shalll~upon payment ~ of the prescribed license fee, deliver to the applicant ~,.~. permit and issue a ~ lic en se. Such 1 i cense she 11 contain the signature ~ d seal of the issuing a,~l._ oYYicer and shall. shover the name address Leh of said licensee, the class of license issndd and the kind oP goods to be sold thereunder, tl~ amount of Yee paid, the date oY issuance and the length oY 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. .;. SSCTION 5. Fees. {a) The license fee which shall be charged by the City Gl®rk for such license shall b e ~~ .°~ per day, ~C1.~~ per week, $~o~% per `"~ month, ~~~ per year. (b) The annual d'ees herein provided shall be assessed on a calendar year, applied as to occasion any undue burden upon interstate commerce. In any case where 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 Mayor for an ad- justment of the fee st> that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, ar within aia months after payment of the gesci~ibed license fee. The applicant 3ha11, by affidavit and supporting testimony:, show his method of business amd the gross volume or estimated gross volume of business and such other information as the PQayor may deem necessary in order to determine the extent, iY any, of such undue burden on such commerce. The n~ay~ shall than conduct an investiga- tion, comparing applicant's busirn ss wi th other busine sees oY like nature and shall make findings of fact Yrarn which he shall determine whether the fee Yixed by this ardinanee is unfair, unreasonable ar~ discriminatory as to applicant's business and shall fix ea the license Yee for the applicant, an amount that is Ysir, reasonable and non-discriminatory, or, if the fee has already been paid, shall (e) None ai' the license fees provided Yor by this ordinance shall be so ~ ~ _ __. -4- order a refund oY the amount over and above tbs Yee so fY~oed. .M In Yi xing the fee to be charged, the Mayor shall have the power to base the Yee upon a per- ventage of gross sales, ar any other ua thod v~ich will assure that the Yee assessed shall be uniform with that assessed on businesses oY like natur®, so long as the amount assessed does not ezceed the fees a a prescribed by Section 5 (a) oY this ordinance. Should the Mayor determi~ the gross sales measure oY the Yee to be the Yair basis, he may require the applicant to submit, either at the time of terminati on oY a~pplieant's busir~a ss in the City oY VPest Memphis or at the end of each three mont3~ period, a sworn statement of the gross sales and pay the anount oY Yee therefor, provided that no additional fee during e¢ty one calendar year shall be required after the licensee shall have paid a¢i amount equal to the annual license as prescribed in Section 5 (a) oY this ordinance. .~q~~6'. Bond. Seery appli ant, not a resident oY the City oY W®st ~mphis , or who being a r es~Clent Y the City oY West Memphis , repro cents a firm whose principal place oY busines is located outside the State oY Ar}sansas, shall file with the City Clerk a sure y bond, running to the City in the aanoun.t of X1,000, with surety acceptable to and ap pr cued by the City Attorney, conditioned that the said applicant shall comply Billy tivith all the provisions a~P the ordin- ances of the City of West M phis and the statutes of the State of ,~rl~nsas regulating and concerning t e business of solicitor and guaranteeing to any citizen oY the City of ~Tes Memphis that all money paid as a do~rn payment will be accounted for amd appl d according to the representations of''t2be solicitor and further guaranteeing ~y citizen or the City of West Memphis doing business a~itla said colic tor, that the ~soperty ptschased will be delivered according to the representations oY said solicitor. Action on such bond may be brought i.n the name of the City to the use or benefY t of the aggrieved person. 01~ Ba es. The City Cler shall issue to each licensee at the time i e a badge wh ch shall contain the words "Licensed 8oli- oY delivery oY his 1 cans eitor," the period for which the lie in letters and figures easily discex badge shall, during the t ime such 1 constantly by the licensee on the ~ is issued ~d tYya number oY the license, ible Yrom a distance oY ten Yeet. Such censee is engaged in soliciting, be worn t of his outer garment in. such a way as to b® conspicuous. •-- -. .. 5 .. SECTItET ~. Exhibition of License. Solicits s and C~vassers ar® required to exhibit their licensee at the request oY say citizen. SECTICQ~I ~. Duty of Police to Enforce. It shall. be the duty of any police officer of the City of West Memphis to require any person seen soliciting or canvassing, and who is not known by such c~'ficer to be duly licensed, to pro- duce his solicitorts or canvasser's license and to enforce the ~SOVisions oY this ordinate a against any ne rson f ound to be violating t31e same . SECTION ~. ge~,a~ds• The Chief of Polie® shall repcact to th® City Clerk all convictions for violation of this ordinance and the City Clerk shall main- twin arecord for each license issued and recard the reports d violation the rein. 9 SECTION 3~. Revocation ad' License. (a) Permits and licenses issued iad.er the provisions of this crdinence may be rev©ked by ~ffi.e 'Chief at Police of the City of West 1Vlemphis after notice acid hearing, for ~y of the following eau.ses~ (7,,~ Fraud, misrepresentation, or Pelee atatc~neat contained in. the application for license; (2) Fraud, misrepresentation or false statement made in the course of carrying on his busir~s as as solicitor ar as canvasser; (3) .11ny violation of this ordinance; (4) Conviction of any crime cr misdemeanc¢~ involving metal turpitude; or (5) Conducting the business of soliciting, or of canvassing, in an unlawful manner or in such a miner as to constitute a breach oY the peace or to constitute 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 tbs grounds of complaint mad the time and place of hearing. Such notice shall b® mailed, postage prepaid, to the livens®® at hie last knoarn address at least five (5) days prior to the date set Par hearing. ~~ erson aggrieved by the action of the Chief of SECTIC~i ~ ~ ~• ~3' P Police or the City Clerk ia. the denial `of a permit or licena® as provided in Section 4 c~' this ~di.nanee, ca^ the action of the Nearer in the assessing of the !ee as provided in Section 5 (c) of this a'dinance shall have the right of appeal to the Council of the City of West Memphis. Such eq~peal shall. be taken 6 . , _~ by Piling with the Council, within fourteen (14) ds~ys after notice of the .action complained of has be®n mailed to such person*s last Down address, a written statement setting fcmth fully the grounds for the appeal. The Council shall set a tuna and place for a. hearing on such appeal and notice of such hearing shall be iven to the g g ~pellant in the acme manner as provided in Section -~ of this ordinance for not ice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive. SECTI QN ~. E~iration of License. All annual licences issued under the provisions of this ordinance shall aspire on the 31st of December in the year when issued. Other than annual licenses shall expire on the date specified in the licen)s®. SECTI ON 3+~; Penalty. Any person vi olating any ci' the ~ ovi si one of this ordinance shall, upon conviction thereof be punished by a: fig not to exceed one hundred dollars 0100.00) or by imprisonment not to exceed 60 days or both such.. fine and imprisonment. jj3 SECTICAT ~5'. Severa~e Clause.. The provisions c~ this c~dinance are declared to be severable and if any section, sentenc®, clause, cr phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such d®cision shall not effect the validity ~ the remaining sections, sentences, clauses end phrases of this ordinance but they shall remain in effect, it being the legislative intent that this csdinance shall stand notwithstanding the invalidity of any part. J'F SECTICN ~&. Repeal od' ConYlietin~ Ordina~ea. ~lll ordinances or parts of ordinances inconsistent wiii~ the provisions of this ordinance, be and the same are hereby rape ale d. SECTSON 17. Emergency Clause. C1ty of Neat Memphis regulating the being necessary for the regale as thers/is not an Ordinance in the ne ss ad' so,Xici ting, and this Ordinance ~' said business and for the preservation of the public peace, health ea,~d safety of th~ citizens c$ 4tTest Memphis, sin emergency is declared to e~t2st and this effect Yrom and after i~its passage and namc® shall b e in ftill force and val. ~~. r . 7 r k k Made and passed by the Council of the City of ~ West Me®aphis, Arkansas, at a regular meeting held on th e day of ~"~"~, ' 1948. ATTEST i \~~ v City Clerk ~.. Q>~, ocS~ ..~