O#297 ORDINANCE ~, iZ~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH DEFINING,
RE~LATING AND PROVIDING FOR A PERMIT AND LICENSE.
FOR CANVASSERS AND SOLICITORS' DOING BUSI~.ESS IN THE
CITY OF BOYNTON BEACH, MA~ING PROVISION FOR THE
METHOD OF APPLYIN~ FOR SUCH PEP~ITS AND LICENSES;
PROVIDING TH~ A~O~T OF FEES AND ~/CING IT UNLAWFUL
TO ENGAGE IN SUCH BUSINESS ~UT SUCH PERMITS
AND LICENSES; PROVIDING MEANS AND REASONS FOR
REVOCATION OF SUCH PEP/~ITS AND LICENSES~ PROVIDING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE,
REPEALING ALL ORDINANCES IN CONFLICT' HEPd~F/TH AND
FOR OTHER P~RPOSES.
BE IT ORDAINED B~ THE CITY CO~CIL OF ~ CITY OF BO'fNTON BEACH,
FLORIDA, AS FOLLOWS:
SECTION 1: pE~IT AND LICENSE REQUIRED.
It sl%all be' unlawful for any solicitor or canvasser as
defined in Section 2 of this ordinance to engage in such business
within the corporate limits ef the City ef Boynton Beach without
first ebtainx g a permit and license therefor in compliance
with the provisions of this ordinance.
SECTION 2: DE.PINITION~
A canvasser er solicitor is 4efimed as a~y individual
w~ether resident ~f 'the City of Boynten Beach or not, traveling
either by foot, wagon, a~tomdbi.le, meter tr~ck, er any ether type
of conveyance, from place to place, from h~use te house, er from
street to street, taking or attempting to take orders for sale'uf
g~eds, wares and merchandise, personal property of any nature what-
soever for future delivery, or for services te be furnished or
performed in the future, whether or not such individual has,
carries ur exposes for sale a sample of the s~bject ef s~ch sale
er whether he is collecting advance payments on sucl% sales or not,
provided that such definition shall include any person who, for
himselv, er for another person, firm, er corporation, hires, leases,
uses, or occupies a~y building, stracture, tent, railroad box car,
beat, hotel room, lodging house, apartment, shop, or any ether place
within the city for the sole purpose of exhibiting samples and
taking orders for future delivery.
SECTION 3: APPLICATION.
Applicants for permit and 'license under this ordinance
must file with the City Tax Collector a sworn application in writing
(in duplicate) which shall give the following information:
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(a) Name and description of the appli~ut~
(b) Permanent home address amd full local address
of the applicant;
(c) A brief descrip~i~ *f ~he na~ of ~he hasiness
~d ~he goods ~e he seld~
(d) If employed, ~he a~e amd address ef ~he employer,
~o~e~her wi~h credentials es~lishin~ ~he
rela~iemship~
(e) ~e le~h of ~ime for which ~he ~i~h~ te
h~siness is desired;
(f) ~e place ~ere ~he ~oods er preper~y pre. sod
~o he sold, or orders ~akea for ~e sale ~hereef, are
mamafae~ared er predaeed, where sach ~e~ds ~r predates
are located a~ khe ~ime s~id appliea~iea is file% amd
~he pre~se~ method ef delivery.
(g) A phe~ograph ef ~he applicant, taken within 66
~ays i~ediately prior ~o the da%e ef the filing ef the
application, which piece shall be 2= x ~" ~hewing
head and shoulders ef the applicant in a clear amd
di s~ in~ishimg maane~ ~
(h) ~e fingerprints ef %he applie~% ~d ~he n~es
at least ~wo reliable property e~er.s of the County
Palm Beach, Florida, w~o will eertify.a~ te ~he aPPlie~t's
geed charau%er an~ basz~ess res~ctablllty, er, ia lie~
ef ~he m~es ef references, ~ch e~her available evidence
as to the geed character ~d busimess res~nsibility
the applicant as will enable an inves%iga%or to properly
evaluate such character am~ business res~nsibility~
(i) A statement as to whether er not the applic~ has
been convis%ed of ~y crime, misd~an~r, er viela~iea
~f any municipal ordinance, the nature of %he effemse
~d the pamisb~e~t er penal%y assessed therefer~
(j) A statement by reputable physician ef the Ci~ of
Beaten Beaoh, dated ~e% more ~h~ ten (19) ~ays prior
to submission of the application, certifying
applican~ te be free of contagious, i~fectioas,
cu~micable ~isease.
A~ the time of filing ~he appli=atiem, a fee ef $2.00
shall be paid to the City Tax Collector to cover the cos~ ef
inveekigation of the facts stated ~erein.
SECTION 4~.~ ~NVE~$TIGATION AND ISSUANCE.
(a) Upon receipt of such application, the original shall
be referred to the Chief of Police,- who shall cause
such investigation of the applicant's business amd
moral character to be made as he deems necessary for
the protection of the ~blic geed.
(b) If as a resmlt of such investigation, the applicant's
c~aracter or business res~nsibility is found to be nn-
satisfactory, the Chief of .Police shall endorse on
such application his disapproval and his reasons for
the same, and return the said application te the City
Tax Collector, who shall notify the applicant that his
application is d~sapproved and that no permit and
license will be issued.
(c) If as a result of such investigation, the character
and business responsibility of the applicant are feud
to be satisfactory, the Chief of Police shall endorse
om the application his approval, execute a permit
addressed te the applicant for the carrying on of the
business applied for and return saidpemit, along with
the application to the City Tax Collector, who Shall,
upon payment of the prescribed'license fee, deliver to
the applicant his permit and issue a license. Such
license shall contain the signature and seal of the'
issuing officer and shall show the name, address and
photograph of said licensee, the class of license
issmed and the kind ef goods to be sold thereunder, the
amount of fee paid, the date of issuance and the length
of time the same shall be operative, as well as the
license number and other identifyin~ description of any
vehicle used in such soliciting or canvassing. The
Chief of Police shall keep a file of all applications
after licenses shall have been issued thereupon by the
City Tax Collector.
SECTION §. FEES.
't
(a) The license fee which shall be char~edby the C= y
for s~ch license shall be $50.00 per month, $~O~.OG per
year.
(b) All licenses issued hereunder shall expire en the
31st day of October of each year.
(c) None of tko license fees provided forby this
ordinance shall be so applied as to occasion an undue
burden upon interstate commerce. In a~y case where a
license fee is believed by a licensee or applicamt for
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license to place a~ undue burden upon such commerce,
he may apply to the City Clerk for an adjustment of
the fee so that it s~all a~t be discrimiaat~, ~-
reas~n~le, .~r u~fair as t~ such c~erce. Suc~
appli=ati~a may be ma~e before, at, ~r Within six
months after pa~eat uf t~e pres=ribed license fee.
~e applizant shall, by affidavit ~d
testimony, ~ow his me~hu~ ~f basiaess and the
volvo er estimated gross v~l~e of business ~d suc~
ct'her infomatioa as the City Clerk may deem aecessa~
in order ~o detemine the extent, if any, of such
undue burden om such co~rce, ~e' City Clerk shall
then conduct ~ investigation, =omparing applicant's
business with ot~er businesses of like nature ~d s~all
make finding *f fa=t from ~ic~ he s~all de%ermine
whet~er the fee fixed by ~is ordinate is amfair,
unreasonable er diserimima%e~ as te applicant's
business ~d s~all fix as ~he license fee fur
applicant, am amo~ t~a~ is fair, reasonable a~d
discriminator, or if the fee has already'been paid,
shall ~rder a ref~d *f t~e ~t ovex aa~ above the
fee s~ fixed. In fiximg ~e fee to be c~arged, ~he
City Clerk shall have t~e ~wer t~ ~se the fee a~n a
~rcenta~e o.f gross sales, or aay o~her method which
will assure that %he fee assesse~ shall be ~if.~
with that assesse~ ~m b~sinesses *f like nature, se
long as the ~.umt assessed d. es net exceed %he fees
as pres=ribed by Sectiu~ S (a) of t~is
Should the City Clerk ~etemine the gross sales measure
ef the fee t~ be the fair ~asis, she may re. ire the
applic~t te susie, ~t~e= a~ the time ef recitation
ef applicant's ~si~ess i~ the City of ~o~%en
~r at the end of each t~ree m~nth-period, a swe~
statement of the gr~ss sales' ~d pay the ~e~t of ~ee
therefor, provi~e~ '%hat me additional fee ~ring ~y
eno calendar year s~all-be re~ired after the license
s~all have paid ~n ~oumt e~l to t~e ann~al license
as prescribed in Section S ' of ~is ordinance.
SECTION 6. BOND. Eve~ applic~%, net a residen~ of the
City ef Bo~=~,~wh° being a resident *f the Cit~ ef
~e~to~ Beach, represents a fi'tm ~use principal place of ~usimess
is located e=tside the State of Fl.rida, shall file with the
Tax Collector a $=rety bond, ~nnizg to the City in t~e ~o~t
$1,0~0.~0, wi~ ~urety acceptable %~ and approved by the City
Clerk, cenditmon d that the said applicant shall cempl~ f~lly
wit~ all the previsions ~f the ordinances of the City of
comcerming t~e b~sin~ess of solicitor a~d ~aran%eeimg to amy
citizen of t~e City of ~tom Beac~ that all mo~ey ~id as a
do~ pa~en~ will be acuo~te~ for ~d applied according to the
representations ef the solicitor and further qaaramteeing to. amy
citizem of the City of BoTmtom Beach ~g b~simess with said
suliciter, t~at t~e property ~archased will be delivered
' S
~ t~e represe~a~mem ef sai~ s~lici~r. Actiem
may be bre~ im ~e name ef ~he City ~. the use
ag~ieve~
SECTION 7. BAD~.
~e City T~ C.11e~tor may isle %e eaz~ li=e~see at
t~e time of delive~ ~f ~is liuense a ~ad~e which shall
the w~rds "Licensed $~licit~r", %he period f.r whio~ t~e liue~se
is issued a~d ~he ~ber ef t~e li=ense, im letters ~ fibres
easily dis=e~ibIe frum a distance uf ten feet. Sac~ badge s~all,
d~ring the time suc~ licemsee is engaged in seliuiti~g, be we~
c.~stan%ly' by the lioemsee en the front of his euter ~ament in
s~c~ a way as ~ be comspicu~=s.
SECTION, 8~. E~IBITISN OF LIC~SE.
Solicitors ~d Camvassers are re~ired %* e~ibi~ their
' e
li~nses at the re.est ef ~ =mtiz ~.
I% shall be t~e dm~y ~f any ~tice uffi=er *f the Cit~
.f Be~t~m Beach, to re.ire ~y person seen s~licitimg or can-
vassing, a~d who is m~t kn~ ~ s=Ch officer to' be duly license~
to pr~ce ~is solicitor's ur uamvassez'~'~ licemse a~d to e~f~rue the
provisioms uf t~is ordinance against a~ ~rson f~umd to be violat-
g t~e s~e.
SEO~N 18.
~e C~ief of Police shall re. ri t~ the Cit~ Tax Collector
all convictions for vi~lation of t~is ordinance ~ ~he City Tax
C~llect.r shall maintaim a re=ur~ for each li~e~se ~ss~ed
reuer~ the re~rts ~f violation thereim.
SECTION 11. R~ATION OF, ~CENSE.
(a) Permits ~d licenses issue~ render the pr~visi~ns
of this ordin~ce may he 'revoked by t~e Ci%~ T~ C~llector ef the
City of Bo~%un Beach after ~o%i~e a~ hearing, for an2 ~f the
following causes:
(1) Fraud, misrepresentatien, or false statement containe~ in the
application for license;
(~) Fraud, misrepresentation ~r false statement made in ~he
u~urse uf car~ing en ~is ~simess as $oli=i~r .r as
canvasser;
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A~y violation of this ordinance;
Comviction of any crime or misdemeanor involving moral
Conducting the b~siness of soliciting, or of canvassl g,
ia an anlawful mamner or in sach a manmer as to comstitute
a breach of the peace or to constitute a menace to the health,
safety, or general welfare of the public.
(b) Notice of the hearing for revocation of a license shall
be given in writing, setting forth specifically the ground
of complaint and the time and place of hearing. Sach notice
shall be mailed, postage prepaid, to the licensee at least
five ($) days prior to the date set for hearing.
SEC~ON 12_ APPEA~.
Any person aggrieved by the actiom of the Chief of Police
or the City Tax Collector in' the demial of a permit or license as
provided in Section ~ of this ordinance, or the action of the City
Manager in the assessing of the fee aS provided in Section 5 (c)
of this ordinance shall have the right of appeal to the City
Commission of the City of Boymton Beach. Such appeal shall be
taken by filing with the City Commission, within fourteen (1%)
' e
days after notice of the action complain d of has been mailed
to such person's last known address, a written statement setting
forth fully the grounds for the appeal. The Commission s~al!
set'a time and place for a hearing on such appeal and notice of such
hearing shall be given to the appellant in the same manner as
provided in Section 11 of this ordinam~e for no, ice of hearing on
revocatiom. The decision and order of the City Commission en suc~
appeal shall be final and conclusive.
SECTION 1~. PENALTY ~
Any person violating any of the provisions of this ordinance
shall, upon conviction thereof be punished by a fine not to exceed
five hundred ($$0~.00) dollars er by imprisonment not to exceed
68 days, or by both such. fine and imprisonment.
SECTION ~A. ~EVERANCE CLA~E.
The proVisiOns of this ordinance are declared to be severable
' e
and if any section, sentence, clause or phrase of this ordinanc
shall for any reason be held to be imvalid or mnconstitmtional,
smch deciai~n shall not effect the validity of the remaining
sections, sentences, clauses and phrases of this ordinance b-mt
they shall remain in effect, it being th® legislative intent that
this ordinance shall stand notwithstanding the invalidity'of any
part.
REpp~ L~F,. eON F L.I. CTIN~ 0RDI~ANCES.
All ~rdina~¢es or parts of ordinances i~censiste~t with
provlSlOm' ' s of this ordnance, be am4 the s~e are hereby regaled.
SEC~ON 16.. EFFECTIVE DATE~
~is ordnance shall-become effective em Am~st l, 1957.
First readiA~ this 1st day of July, 1957.
Secomd, final zeadin~ amd ~ssa~e this lSth ~y of 3mly, 19S7.
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