Chapter
24
PEDDLERS, SOLICITORS AND
ITINERANT MERCHANTS[1]
Art.
I. In General. §§ 24-1—24-15
Art.
II. Mobile Merchants and Kiosks,
§§ 24-16—24-55
Div.
1. Generally, §§ 24-16—24-25
Div.
2. Mobile Merchants, §§ 24-26—24-35
Div.
3. Kiosk Vending, §§ 24-36—24-45
Div.
4. Sidewalk Cafes, §§ 24-46—24-55 (Repealed)
Art.
III. Soliciting and Door-To-Door
Sales, §§ 24-56—24-90
Div.
1. Generally, §§ 24-56—24-70
Div.
2. Permits and Identification Cards, §§ 24-71—24-90
Art.
IV. Charitable Solicitations, §§
24-91—24-109
Div.
1. Generally, §§ 24-91—24-105
Div.
2. Permit, §§ 24-106—24-109
Art.
V. Aggressive Solicitations, §§
24-115—24-117
ARTICLE
I. IN GENERAL
Secs. 24-1—24-15. Reserved.
ARTICLE II. MOBILE MERCHANTS AND KIOSKS
DIVISION 1. GENERALLY
Sec.
24-16. Definitions.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Identification card means the card issued to any individual
in accordance with provisions of this article under a permit.
Kiosk vending means permitted vending from a kiosk or
self-contained structure of a permanent or semi-permanent nature, which is
allowed to encroach into the public right-of-way.
Mobile merchant means any person who sells any type of
tangible personal property, including, but not limited to, food and drink, at
or adjacent to the vehicle in which such tangible personal property is
carried. This definition shall not
include any person providing or offering to provide scheduled delivery of food
products to the door of any residence within the city at least once every seven
(7) consecutive days.
Mobile sales unit means any vehicle used for carrying
tangible personal property for sale at or adjacent to the vehicle in which such
tangible personal property is carried.
This definition shall not include any person providing or offering to
provide scheduled delivery of food products to the door of any residence within
the city at least once every seven (7) consecutive days.
Mobile sales unit permit means the printed permit to be carried
within any mobile sales unit after issuance of a permit to carry on activity as
a mobile merchant.
Permit means the written authorization to carry
on mobile merchant or kiosk vending activities regulated by this article.
Vending means engaging in the business of
peddling, selling or displaying for sale any items of tangible personal
property.
(Ord. No. 2004.16, 4-29-04; Ord. No.
2007.82; 12-13-07)
Sec.
24-17. Purposes.
The
purposes of this article shall be to protect the health, safety and welfare of
residents and of those working within the city, by means of reasonable
investigation and regulation of mobile merchants and kiosk vendors, their
employees, agents, lessees or independent contractors, and to levy fees for
identification cards, mobile sales unit permits and permits required under this
article.
(Ord. No. 2004.16, 4-29-04; Ord. No.
2007.82, 12-13-07)
Sec.
24-18. Fees additional to transaction
privilege tax.
All
fees levied in this article shall be in addition to transaction privilege tax
required by chapter 16 of this code.
Failure of an applicant or permit holder to comply with such chapter
shall be sufficient grounds for denial or revocation of any permit and of all
mobile sales unit permits and identification cards under such application or
permit.
(Ord. No. 2004.16,
Sec.
24-19. Vending
prohibited.
(a) It shall be unlawful for any person to
engage in vending on any public sidewalk, right of way or city-owned property
unless authorized pursuant to this article.
(b) It is not a defense to a violation of this
section that the vending activity is offered on a donation basis, if there is
credible evidence that the items offered for donation are subject to any
minimum purchase price.
(c) Any person or persons guilty of violating
any of the provisions of this section shall be deemed guilty of a misdemeanor
and punishable as set forth in § 1-7 of this code.
(Ord. No. 2004.16,
Sec. 24-20. Nature
of permit, application and fees.
(a) Any permit issued pursuant to this article
may be revoked by the financial services manager or designee and does not
confer a property right on its holder.
Any amendment to location, conditions, hours or products must be
approved in writing by the financial services manager or designee. The city
reserves the right to amend vending hours upon thirty (30) days notice to the
permit holder.
(b) A permit issued pursuant to this article is
nontransferable and nonassignable.
(c) Any person desiring to obtain a permit
under this article shall make application to the financial services manager or
designee. The application shall be
accompanied by an application fee, a permit fee, an identification card fee and
a fingerprinting fee (See Appendix A).
(d) A permit issued pursuant to this article may
be renewed by the financial services manager or designee for successive annual
periods following the initial permit if the permit holder is in compliance with
this article. Such renewals are not
subject to the initial selection procedure or application fee provided for
initial applicants in this article.
Permits shall expire annually on December 31. If a permit is not timely renewed, a late fee
as established by the city council shall be assessed for a subsequent renewal
(See Appendix A). Permits which are not
renewed within 30 days after expiration shall be deemed cancelled and subject
to the original application process.
(e) All
fees, including late renewal fees when applicable, shall be nonrefundable and
shall be paid to the financial services manager or designee.
(Ord. No. 2004.16,
Sec.
24-21. Appeal.
Any
person who wishes to dispute either the denial or revocation of a permit, or
the determination that they are liable for any fees under this article may do
so by submitting a request for an administrative review hearing in writing no
more than ten (10) days after the denial or revocation. The city and the person disputing the denial,
revocation or fee shall be given notice of the hearing and an opportunity to be
heard. The hearing officer shall
establish rules of administration and procedure to ensure the fair and orderly
conduct of hearings held pursuant to this section.
(Ord. No. 2004.16,
Secs.
24-22 – 24-25. Reserved.
DIVISION 2. MOBILE MERCHANTS
Sec.
24-26. Required authorizations.
(a) It shall be unlawful for any person to act
within the city as a mobile merchant without first obtaining a permit
authorizing such activity.
(b) It shall be unlawful for any person to
carry on activity within the city as a mobile merchant unless the vehicle at or
adjacent to which sales of tangible personal property are made bears a valid
mobile sales unit permit prominently displayed within the vehicle.
(Ord. No. 2004.16,
Sec.
24-27. Application procedure; required
insurance.
(a) Any person desiring a permit to act as
mobile merchant within the city shall submit application on forms prescribed by
the city. Required information shall
include, but is not limited to, names and residence addresses of all owners,
partners, general managers, principal officers, drivers and operators, proposed
vending location and hours, products and costs, equipment to be used and signs.
(b) The applicant and each individual desiring the required identification card shall also provide three (3) character references, a statement of any prior felony conviction and any prior misdemeanor conviction involving moral turpitude, and any other information which the financial services manager or designee deems necessary. The individual applicant shall also provide proof of a valid state chauffeur's or driver's license and (if food or drink is to be sold) proof of health clearance from the county health department before issuance of the identification card. The applicants and agents shall submit a full set of fingerprints to the Tempe Police Department for the purpose of obtaining a state or federal, or both, criminal records check pursuant to A.R.S. § 41‑1750 and Public Law (PL) 92-544. The Department of Public Safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation. Fingerprints must be submitted on fingerprint cards provided by the financial services manager or designee. No identification card shall be issued prior to clearance of such fingerprints by the city. The financial services manager or his agent may, at his discretion, approve the issuance of an identification card despite record of criminal conviction; provided, that such conviction occurred more than two (2) years prior to the date of application and was listed by the applicant on his application form. If the individual applying for an identification card provides satisfactory evidence that he is under eighteen (18) years of age, fingerprinting shall be waived and the identification card stamped "juvenile". No identification card shall be issued except under authorization of an approved permit to operate as a mobile merchant within the city.
(c) No
mobile sales unit permit shall be issued until a certification of insurance is
received by the City of Tempe with no less than the following limits: $1,000,000 combined single limit per occurrence
for bodily injury and property damage, including coverage for contractual
liability (including defense expense coverage for additional insureds),
personal injury, broad form property damage, products and completed operations,
insuring the city against
any and all liability or expense that may be incurred by reason of any accident
to any person, persons or property arising from or in any way growing out of
the use of the right-of-way by the mobile merchant. The
general aggregate limit shall apply separately or the general aggregate shall
be twice the required per occurrence limit.
(d) All mobile merchant permits, mobile sales
unit permits and identification cards shall expire yearly, and a renewal
application shall be required for any subsequent year, including fingerprinting
where applicable.
(e) It shall be unlawful for any individual to
omit required information from any application or to provide false information
on any application submitted. Failure to
provide required information or falsification of information shall be grounds
for disapproval or revocation of any permit or identification card.
(Ord. No. 2004.16,
Sec.
24-28. Revocation of permits and
identification cards.
Any
mobile merchant permit, mobile sales unit permit or identification card may be
revoked by the financial services manager or designee on the basis of
information received after issuance concerning criminal record, or on the basis
of violations of this article or any applicable law or for reasons of public
health, safety or welfare. Identification
cards issued under a revoked permit shall automatically be revoked at the same
time, and any identification card shall be revoked upon notification from the
permit holder that the identification card holder is no longer associated with
the permit holder. Revocation shall be
effective on the date set by the city.
(Ord. No. 2004.16,
Sec.
24-29. Prohibited activities.
(a) It shall be unlawful to sell any type of
tangible personal property from a vehicle upon any arterial street as defined
by ordinance.
(b) Each mobile merchant shall post
conspicuously on the right exterior of his vehicle a sign stating "No
Unauthorized Riders" or words of like meaning. It shall be unlawful for any mobile merchant
or his employee or agent to permit any unauthorized person to ride on any
mobile sales unit under his control.
(c) It shall be unlawful for any mobile
merchant to ring bells, play chimes, play recordings or make other noise in any
residential area of the city for advertising purposes between the hours of 8:00
p.m. and
(d) No mobile merchant shall claim or attempt to
establish any exclusive right to park at a particular street location, and no
mobile merchant shall park at or within five hundred (500) feet of any location
on a public street for more than one hour within any eight (8) hour period.
(e) It shall be unlawful for any person to sell
any type of tangible personal property from any vehicle, stand or other movable
or temporary contrivance or by peddling within five hundred (500) feet of any
school grounds between that time period commencing one-half (1/2) hour prior to
the start of each school day and ending one-half (1/2) hour after school is
dismissed. The words "school
grounds", as used in this section, shall not include the campus of
(f) No person shall sell any tangible personal
property, including, but not limited to, food or drink, from any vehicle, stand
or other movable or temporary contrivance on or within public parks, city
property or the public right of way.
Provided, however, that the city council may authorize the calling of
competitive bids to provide food sales in one or more public parks or on city
property and may grant use of space to one or more persons submitting the best
bids. Provided further, that a mobile
merchant may be authorized by the financial services manager or designee, upon
the recommendation of the parks and recreation manager or designee, to sell
food and drink in any city park not having a permanent concession facility
without respect to competitive bid provisions if a private group or
organization meeting their requests that the specific mobile merchant be
permitted to sell to their group during a specified period at a specified
location.
(g) Any person or persons guilty of violating
any of the provisions of this section shall be deemed guilty of a misdemeanor
and punishable as set forth in § 1-7 of this code.
(Ord. No. 2004.16, 4-29-04; Ord. No.
2006.25, 4-6-06)
Secs.
24-30 – 24-35. Reserved.
DIVISION 3. KIOSK VENDING
Sec.
24-36. Kiosk vending required
authorization, locations and regulations.
(a) It shall be unlawful for any person to act
within the city as a kiosk vendor without first obtaining a permit as required
herein or applicable permits required by the city authorizing such activity.
(b) Kiosk vending is permitted in vending areas
specifically identified by the city.
(c) Kiosk vending is subject to the following
restrictions:
(1) All kiosk vending equipment must be located
so that it does not impede pedestrian or vehicular traffic;
(2) The vending area must be kept neat, clean
and hazard-free during vending hours.
Vendor is responsible for litter pickup within a fifty (50) foot
circumference of the vending area. At
least one, thirty-two (32) gallon trash container shall be kept on-site during
vending hours. Vendor shall remove trash
and trash containers off-site daily;
(3) Vending equipment must be removed from the
selected locations or stored and secured within the kiosk at any time when not
open for sales;
(4) If the proposed kiosk vending area will be
within eight (8) feet of an existing property within the downtown area (or
within ten (10) feet if located on Mill Avenue or University Drive), the
applicant for a kiosk vending permit must be the adjacent property owner;
(5) Signs advertising the product must be
approved by city design review staff.
Menus of fares with prices must be posted;
(6) Vending operations and equipment are
subject to inspection by the city at all times; and
(7) The sale of alcoholic beverages by kiosk
vendors is prohibited.
(d) All kiosk vendors shall obtain design
approval and building permits pursuant to this code prior to the issuance of a
permit as required herein.
(e) The occupation of the city right of way
shall be by encroachment permit only, issued by the city engineer pursuant to
chapter 29 of this code.
(Ord. No. 2004.16,
Sec.
24-37. Application procedure; required
insurance.
(a) Any person desiring a permit to act as a
kiosk vendor within the city shall submit application on forms prescribed by
the city to the financial services manager or designee. Application for an original kiosk vendor
permit shall be filed at least sixty (60) days prior to the commencement of the
proposed licensing period. Required
information shall include, but is not limited to, names and residence addresses
of all owners, partners, general managers and principal officers, proposed
vending location and hours, products and costs, equipment to be used and signs.
(b) The applicant shall also provide three (3) character references, a statement of any prior felony conviction and any prior misdemeanor conviction involving moral turpitude, and any other information which the financial services manager or designee deems necessary. If food or drink is to be sold, the individual applicant shall also provide proof of health clearance from the county health department before issuance of the permit. The applicants and agents shall submit a full set of fingerprints to the Tempe Police Department for the purpose of obtaining a state or federal, or both, criminal records check pursuant to A.R.S. § 41‑1750 and Public Law (PL) 92-544. The Department of Public Safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation. Fingerprints must be submitted on fingerprint cards provided by the financial services manager or designee.
(c) No kiosk
vendor permit shall be issued until a certification of insurance is
received by the City of Tempe with no less than the following limits: $1,000,000 combined single limit per occurrence
for bodily injury and property damage, including coverage for contractual
liability (including defense expense coverage for additional insureds),
personal injury, broad form property damage, products and completed operations,
insuring the city against
any and all liability or expense that may be incurred by reason of any accident
to any person, persons or property arising from or in any way growing out of
the use of the right-of-way by the kiosk vendor. The
general aggregate limit shall apply separately or the general aggregate shall
be twice the required per occurrence limit.
(d) It shall be unlawful for any individual to
omit required information from any application or to provide false information
on any application submitted. Failure to
provide required information or falsification of information shall be grounds
for disapproval or revocation of any permit.
(Ord. No. 2004.16,
Sec.
24-38. Revocation of permits.
Any
kiosk vending permit may be revoked by the financial services manager or
designee on the basis of information received after issuance concerning
criminal record, or on the basis of violations of this article or any
applicable law or for reasons of public health, safety or welfare. Revocation shall be effective on the date set
by the city.
(Ord. No. 2004.16,
Secs.
24-39—24-45. Reserved.
DIVISION 4. SIDEWALK
CAFES
Sec.
24-46. Repealed.
(Ord. No. 2004.16, 4-29-04; Ord. No.
2007.82, 12-13-07)
Sec.
24-47. Repealed.
(Ord. No. 2004.16, 4-29-04; Ord. No.
2007.82, 12-13-07)
Sec.
24-48. Repealed.
(Ord. No. 2004.16, 4-29-04; Ord. No.
2007.82, 12-13-07)
Secs.
24-49—25-55. Reserved.
ARTICLE
III. SOLICITING AND DOOR-TO-DOOR SALES
DIVISION 1. GENERALLY
Sec.
24-56. Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Door-to-door
sales permit means the
written authorization to act as a door-to-door seller within the city as
regulated by this article.
Door-to-door
seller means any person
who goes uninvited from residence to residence or to only one residence within
the city selling or offering to sell any type of service or any type of
personal property; provided, that no payment in part or in full is accepted by
the seller until the service has been provided or until the tangible personal
property has been delivered; and provided further, that other requirements in
this article have been met.
Identification
card means the card
issued to any individual in accordance with provisions of this article, under a
specific permit.
Nonprofit
permit means the written
authorization to act as a nonprofit door-to-door seller.
Nonprofit
seller means any
organization operated exclusively for educational, religious, charitable,
public service, fraternal or other nonprofit purposes which goes uninvited from
residence to residence or to only one residence within the city selling or
offering to sell any type of service or any type of tangible personal property. The term shall also cover any individual who
is or who purports to be a member, officer, representative or agent of such a
nonprofit organization.
Person
means any individual,
proprietor, partner, employee, agent, company, organization, partnership,
business trust or corporation whose activities are subject to provisions of
this article.
Resident
means any individual
occupying a residence at the time activities regulated by this article occur.
Solicitor
means any person who
goes uninvited from residence to residence or to only one residence within the
city selling or offering to sell any type of service or any type of tangible
personal property and who cannot or will not meet the requirements for a
door-to-door seller.
Solicitor's
permit means the written
authorization to act as a solicitor within the city as regulated by this
article.
(Code
1967, § 23-20)
Sec.
24-57. Purposes.
The purposes of this article shall be
to protect the health, safety and welfare of residents of the city by means of
reasonable investigation and regulation of door-to-door sellers, nonprofit
sellers and solicitors and their employees and agents, and to levy fees for
identification cards and permits required under this article.
(Code
1967, § 23-21)
Secs.
24-58—24-70. Reserved.
DIVISION 2. PERMITS
AND IDENTIFICATION CARDS
Sec.
24-71. Required authorizations and fees.
(a) It
shall be unlawful for any person (other than a representative, agent or
employee of a holder of a solicitor's permit) to act as a solicitor in the city
without first obtaining a permit authorizing such activity. The nonrefundable application fee for a
calendar year or portion thereof shall be established by the city council,
except that on or after the first day of July the application fee shall be
prorated for the remainder of the calendar year (see Appendix A).
(b) It
shall be unlawful for any person (other than a representative, agent or
employee of a holder of a door-to-door sales permit) to act as a door-to-door
seller in the city without first obtaining a permit authorizing such activity. The nonrefundable application fee shall be
for a calendar year or portion thereof established by the city council, except
that on or after the first day of July, the application fee shall be prorated
for the remainder of the calendar year (see Appendix A).
(c) It
shall be unlawful for any person to act within the city as a nonprofit seller
without first obtaining a permit authorizing such activity. The permit may be issued for any specific
period within a calendar year, and no fee shall be required.
(d) It
shall be unlawful for any individual to act within the city as a door-to-door
seller or solicitor, or as employee, dealer, representative or agent of the
same, without first obtaining an identification card covering a calendar year
or portion thereof. The fee for each
identification card shall be established by the city council (see Appendix
A). It shall be unlawful for any
individual acting as a door-to-door seller or solicitor to fail to exhibit a
valid identification card upon the request of any police officer, financial
services manager or any of his authorized agents, or upon the request of any
resident of the city.
(e) It
shall be the responsibility of any person receiving a nonprofit permit to have
the original permit suitably copied or duplicated and to distribute such copies
to the individuals acting as members, employees or agents of the nonprofit
seller in making sales calls. It shall
be unlawful for any such member, employee or agent to fail to exhibit a copy of
a valid permit upon the request of any police officer or upon the request of
any resident.
(Code
1967, § 23-22; Ord. No. 2001.17, 7-26-01)
Sec.
24-72. Exemptions, fee waivers.
(a) Any
person whose activities are regulated exclusively by the state shall be
exempted from the provisions of this article.
(b) Any
person selling subscriptions for delivery of newspapers to the door of a
residence on a regular daily or weekly schedule shall be exempted from the
provisions of this article.
(c) Any
person providing or offering to provide scheduled delivery of food products to
the door of any residence within the city at least once every seven (7)
consecutive days shall apply for a permit as a door-to-door seller but the application
fee shall be waived. However, the
application fee of two dollars ($2) for each identification card shall not be
waived.
(d) Any
person showing proof that he is under the age of fifteen (15) years may request
that the door-to-door seller permit fee, identification card fee and required
posting of bond be waived; provided, that his parents or guardians certify in
writing that he will sell only in the neighborhood of his own city residence
and that such parents or guardians will supervise such activities and will hold
the city harmless against any claims or causes of action for property damages
or personal injuries caused by or related to such activities.
(Code
1967, § 23-23)
Sec.
24-73. Application procedure.
(a) Any
person desiring a permit to act as a door-to-door seller within the city shall
submit application in triplicate, together with application fee, to the
financial services manager or his authorized representative. The form of application shall be as
prescribed by the financial services manager and shall require the applicant
furnish character or business references and, as to corporate applicants, the
names of the principal officers and state of incorporation or, as to other applicants,
the names and residence addresses of all owners, partners or managers. The application shall be referred to the
police chief or his authorized representative for investigation. The applicants
and agents shall submit a full set of fingerprints to the Tempe Police
Department for the purpose of obtaining a state or federal, or both, criminal
records check pursuant to A.R.S. § 41‑1750 and Public Law (PL)
92-544. The Department of Public Safety
is authorized to exchange this fingerprint data with the Federal Bureau of
Investigation. Fingerprints must be
submitted on fingerprint cards provided by the financial services manager or
designee. Approval or disapproval shall
be reported within thirty (30) days on the basis of the best information
available as to the reputation of the applicant. The financial services manager or his
authorized agent shall issue the permit requested when satisfied as to the
accuracy and completeness of information set forth in the application.
(b) No
application for door-to-door seller shall be accepted unless the applicant or
his authorized employee or representative certifies in writing that no payment
will be asked or accepted before the service offered has been provided or the
tangible personal property offered for sale has been delivered. In addition, the applicant shall file a
surety bond or provide satisfactory evidence of a surety bond in the amount of
one thousand dollars ($1,000) times the number of individuals, agents and
representatives to be at any time engaged in door-to-door selling in the city
on behalf of the applicant, which bond shall guarantee to the city and its
residents that all services or tangible personal property represented in its
advertising or sales literature are as orally represented by the seller, and
that no payment of any kind will be required or accepted until the service or
tangible personal property offered has been delivered. Action on any bond filed may be brought in
the name of the city to the use or benefit of any aggrieved resident of the
city.
(c) Any
person unable or unwilling to meet the requirements for door-to-door seller in
respect to either posting of bond or not accepting payment in advance may
submit an application for a permit as a solicitor. A solicitor may participate in any activity
permissible for a door-to-door seller and may also accept partial or full
payment before the service or tangible personal property offered has been
provided, providing that no element of fraud or deceit is present in the offer
to sell.
(d) Any
person desiring a permit to act as a solicitor within the city shall submit
application in triplicate, together with application fee, to the financial
services manager or his authorized representative. Required information shall be that deemed necessary
by the police chief for complete and thorough investigation of business
references and of the personal background of the general manager or other
responsible agent signing the application. The applicants and agents shall
submit a full set of fingerprints to the Tempe Police Department for the
purpose of obtaining a state or federal, or both, criminal records check
pursuant to A.R.S. § 41‑1750 and Public Law (PL) 92-544. The Department of Public Safety is authorized
to exchange this fingerprint data with the Federal Bureau of
Investigation. Fingerprints must be
submitted on fingerprint cards provided by the financial services manager or
designee. The application and fingerprint
card shall be submitted to the police chief or his authorized representative
for investigation. A report of approval
or disapproval shall be returned within thirty (30) days, but no permit shall
be issued without specific police approval.
(e) Any
individual desiring an identification card under a door-to-door seller permit shall
submit to the financial services manager or his authorized representative
application in triplicate in form prescribed by the financial services manager,
together with application fee and two (2) photos of the applicant.
(f) Any
individual desiring an identification card under a solicitor's permit shall
submit application in triplicate together with application fee, to the
financial services manager or his authorized representative. Required information shall include the
individual's name and mailing address, name and mailing address of the permit
holder, three (3) character references, a statement of any prior felony
conviction and any prior misdemeanor conviction involving moral turpitude, and
any other information which the police chief deems necessary for thorough
investigation of character and reputation.
The individual applicant shall also provide two (2) satisfactory
identification photos and shall be fingerprinted at regularly scheduled times
by the police department.
(g) No
identification card under a solicitor's permit shall be issued without police
approval in writing. The police chief
may, at his discretion, approve the issuance of an identification card despite
the conviction of a felony or misdemeanor involving moral turpitude; provided,
that such conviction occurred more than two (2) years prior to date of
application and was listed by applicant on his application.
(h) If
the individual applying for an identification card provides satisfactory
evidence that he is under eighteen (18) years of age, fingerprinting shall be
waived and the identification card stamped "juvenile".
(i) All
permits for door-to-door seller and for solicitor and all identification cards
issued under such permits shall expire at the end of the calendar year, and
completely new applications shall be required for any subsequent year.
(j) Any
person desiring a permit as a nonprofit seller shall submit application in
triplicate to the financial services manager or his authorized representative
at least fifteen (15) days in advance of intended activity as such within the
city. Required information shall be that
deemed necessary by the police chief for possible investigation of history and
reputation and shall include a statement as to activities and membership of the
organization, the purpose for which proceeds are to be used and period for
which the permit is desired. The
application shall also include background information and three (3) character
references of the manager, director, leader or other responsible agent signing
the application. The applicants and
agents shall submit a full set of fingerprints to the Tempe Police Department
for the purpose of obtaining a state or federal, or both, criminal records
check pursuant to A.R.S. § 41‑1750 and Public Law (PL) 92-544. The Department of Public Safety is authorized
to exchange this fingerprint data with the Federal Bureau of
Investigation. Fingerprints must be
submitted on fingerprint cards provided by the financial services manager or
designee. The permit may be issued if
the financial services manager or his authorized agent is satisfied with the
information provided on the application and may be limited to a shorter period
than that requested by the applicant.
(k) It
shall be unlawful for any individual to omit required information from any
application or to provide false information on any application submitted. Failure to provide required information or
falsification of information shall be grounds for disapproval or revocation of
any permit or identification card.
(Code
1967, § 23-24; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.47, 12-19-02)
Sec.
24-74. Revocation of permits and
identification cards.
Any permit or identification card
issued under this division may be revoked by the financial services manager or
his authorized representative upon the recommendation of the police chief for
furnishing false information, conviction of a felony or misdemeanor involving
moral turpitude, or for a violation of this article. Identification cards issued under a revoked
permit shall automatically be revoked at the same time as the permit. Any identification card shall be revoked upon
notification from the permit holder that the identification card holder is no
longer associated with the permit holder.
Revocation shall be effective on the second working day after notice is
mailed to the last-known mailing address of the applicant by certified or
registered mail.
(Code
1967, § 23-25; Ord. No. 2001.17, 7-26-01)
Sec.
24-75. Fees in addition to transaction
privilege tax.
Application fees levied in this
division shall be in addition to the transaction privilege tax which may be
required by chapter 16 of this code.
Failure of an applicant or permit holder to comply with that chapter
shall be sufficient grounds for denial or revocation of any permit and all
identification cards associated with such application or permit.
(Code
1967, § 23-26)
Sec.
24-76. Temporary identification cards.
The financial services manager or his
authorized representative may issue, at his discretion, a temporary
identification card as a solicitor for a period of not over sixty (60) days
pending full police department clearance under the following circumstances:
(1) The individual is applying for a renewal of
an identification card approved for any portion of the prior calendar year and
never revoked; or
(2) After thirty (30) days from the date of
application, if the police department has been unable during that period to
complete its investigation of the individual applicant.
(Code
1967, § 23-28; Ord. No. 2001.17, 7-26-01)
Secs.
24-77—24-90. Reserved.
ARTICLE
IV. CHARITABLE SOLICITATIONS
DIVISION 1. GENERALLY
Sec.
24-91. Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Nonprofit
organization means an
organization formed and carried on solely for an educational, religious or
public service purpose and not for the private profit of its officers, members
or owners.
Permit
means the written authorization
to carry on soliciting for donations as regulated by this article.
Soliciting
for donations means
asking for gifts or donations of any type on public right-of-way, at any place
of business or any residence within the city.
(Code
1967, § 23-30)
Sec.
24-92. Purpose.
The
purpose of this article shall be to protect the health, safety and welfare of
people living or working within the city and of people visiting the city by
means of reasonable investigation and regulation of soliciting for donations
within the city.
(Code
1967, § 23-31)
Secs.
24-93—24-105. Reserved.
DIVISION 2. PERMIT
Sec.
24-106. Required authorizations.
(a) It
shall be unlawful for any individual or organization to carry on the activity
of soliciting for donations within the city except under permit from the
financial services manager or his authorized representative to do so.
(b) It
shall be unlawful for any individual to solicit for donations except as
authorized agent or representative of a bona fide nonprofit organization as
defined in § 24-91 of this code.
(c) It
shall be unlawful for any individual soliciting for donations within the city
to fail or to refuse to show authorization for such activity upon the request
of a police officer, resident or businessman within the city.
(Code
1967, § 23-32; Ord. No. 2001.17, 7-26-01)
Sec.
24-107. Application procedure.
(a) Any
organization desiring a permit to solicit for donations within the city shall
submit application at least fifteen (15) days in advance of the requested
starting date to the financial services manager or his authorized
representative. Required information
shall be that deemed necessary by the police chief to investigate the
background, history and reputation of the applicant and of the responsible
official or agent submitting the application.
The application and its references may be submitted to the police
department for investigation. The applicants and agents shall submit a full set
of fingerprints to the Tempe Police Department for the purpose of obtaining a
state or federal, or both, criminal records check pursuant to A.R.S. § 41‑1750
and Public Law (PL) 92-544. The
Department of Public Safety is authorized to exchange this fingerprint data
with the Federal Bureau of Investigation.
Fingerprints must be submitted on fingerprint cards provided by the
financial services manager or designee.
The authorized representative of the financial services manager may
issue a permit upon his own judgment or upon recommendation of the police chief
or his authorized representative.
However, no permit shall be issued if disapproved in writing by the
police chief. No permit shall cover a period greater than one year from date of
issuance.
(b) It
shall be unlawful for any individual to omit required information from any
application or to provide false information on any application submitted. Failure to provide required information or
falsification of information shall be grounds for disapproval or revocation of
any permit.
(Code
1967, § 23-33; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.47, 12-19-02)
Sec.
24-108. Personal identification.
Every individual soliciting for
donations shall carry a copy of the permit authorizing such soliciting. It shall be the responsibility of the permit
holder to make photographic copies or photostats or other suitable copies and
to distribute them to responsible individuals doing the actual soliciting.
(Code 1967,
§ 23-34)
Sec.
24-109. Revocation.
Any permit is subject to revocation by
the authorized representative of the financial services manager upon the
recommendation of the police chief, based on false information provided in the
application, violation of any portion of this article, or any facts deemed by
the police chief to show reasonable danger to the health, safety or welfare of
those residing or working within the city.
Such revocation shall be effective on the second working day after
notice has been mailed by certified or registered mail to the last-known
mailing address of the applicant.
(Code
1967, § 23-35; Ord. No. 2001.17, 7-26-01)
Secs. 24-110—24-114. Reserved.
ARTICLE
V. AGGRESSIVE SOLICITATIONS
Sec. 24-115. Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Aggressive
manner means:
(1)
Intentionally, knowingly or recklessly
making any physical contact with or touching another person in the course of
the solicitation without the person's consent;
(2)
Approaching or following a person
before, during or after soliciting if that conduct is intended to or is likely
to cause a reasonable person to fear bodily harm to oneself or another, or
damage to or loss of property or otherwise be intimidated into giving money or
other thing of value;
(3)
Continuing to solicit from a person
after the person has given a negative response to such soliciting;
(4)
Intentionally, knowingly or recklessly
obstructing the safe or free passage of the person being solicited or requiring
the person to take evasive action to avoid physical contact with the person
making the solicitations. Acts authorized
as an exercise of one's constitutional right to picket or protest shall not
constitute obstructing passage; or
(5)
Intentionally, knowingly or recklessly
using obscene, abusive or threatening language or gestures intended or likely
to cause a reasonable person to fear imminent bodily harm or reasonably likely
to intimidate the person being solicited into responding affirmatively to the
solicitation.
Automated
teller machine means a
device, linked to a financial institution's account records, which is able to
carry out transactions, including but not limited to, account transfers,
deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
Bank
means a bank, credit
union or other similar financial institution.
Public
transportation vehicle
means any vehicle used for the transportation of passengers on scheduled routes
on an individual passenger fare-paying basis.
Public
area means an area to
which the public or a substantial group of persons has access, and includes,
but is not limited to, alleys, bridges, buildings, driveways, parking lots,
parks, playgrounds, plazas, sidewalks, schools and streets open to the general
public, and the doorways and entrances to buildings and dwellings, and the
grounds enclosing them.
Solicit means to request an immediate donation
or exchange of money or other thing of value from another person, regardless of
the solicitor's purpose or intended use of the money or other thing of
value. Soliciting shall include using
the spoken, written, or printed word, bodily gestures or any other means of
communication. Soliciting does not
include requesting or accepting payment of the fare on a public transportation
vehicle by the operator of the vehicle.
(Ord.
No. 97.42,
Sec. 24-116. Prohibited acts.
It shall be unlawful for any person to
solicit any money or other thing of value, or to solicit the sale of goods or
services:
(1) In
an aggressive manner in a public area;
(2) Within fifteen (15) feet of any entrance or
exit of any bank or within fifteen (15) feet of any automated teller machine;
or
(3)
In any public transportation vehicle
or from persons waiting within fifteen (15) feet of a sign designating a bus
stop.
(Ord.
No. 97.42,
Sec. 24-117. Penalty.
A violation of this section is a class
1 misdemeanor. In addition to any other
penalties authorized by law, the court may order a person sentenced under this
section to perform community service work.
(Ord.
No. 97.42,