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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: - 2- (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 - 4 - 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 $oli=i~r .r as canvasser; - 6 - A~y violation of this ordinance; Comviction of any crime or misdemeanor involving moral Conducting the b~siness of soliciting, or of canvassl g, ia an anlawful mamner or in sach a manmer as to comstitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the ground of complaint and the time and place of hearing. Sach notice shall be mailed, postage prepaid, to the licensee at least five ($) 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. ' ~ayo r - /