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 Sidewalk Cafes, §§ 24-46—24-55 (Repealed)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, 4-29-04)

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, 4-29-04)

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, 4-29-04)

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, 4-29-04)

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, 4-29-04)

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, 4-29-04)

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, 4-29-04)

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 8:00 a.m. and between the hours of 1:00 p.m. and 3:00 p.m. and no such noise shall be made when the vehicle is parked. This section shall not be construed as permitting any noise or vibration construed as a public nuisance under chapters 20 or 21 of this code.

(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 Arizona State University.

(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, 4-29-04)

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, 4-29-04)

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, 4-29-04)

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.