Boynton17 Chapter 17
PEDDLERS AND SOLICITORS*
Art. I. In General, §§ 17-1—17-12
Art. II. Solicitors and Canvassers, §§ 17-13—17-33
Art. III. Charitable Solicitations, §§ 17-34—17-45
*Cross references-License tax for itinerant or transient merchants, § 13-22(197)(f); license tax for peddlers, § 13-22(225); license tax for solicitors and canvassers, § 13-22(250).
ARTICLE I. IN GENERAL
Sec. 17-1. Registration, photo and
fingerprints required.
Every nonresident person employed as a house-to-house salesman or peddler, all persons soliciting magazine subscriptions and all persons soliciting charitable contributions are hereby
required to register before beginning their employment, or if already employed, to register in a registration book to be kept by the chief of police. The registrant shall also be fingerprinted
and furnish the chief of police with a photograph of such size as may be designated by the chief of police. (Code 1958, § 20-1; Ord. No. 85-45, Attach. (b), 8-20-85)
Sec. 17-2. Identification card required;
re-registration; fee.
An identification card shall be issued to each person registering under section 17-1 and such identification card shall be carried by the employee at all times. In the event such registration
card shall be lost or cannot be produced upon reasonable notice, such person shall promptly re-register and secure a new card from the chief of police.
A fee of twenty-five cents ($0.25) shall be charged for the issuance of each identification card or renewal thereof. (Code 1958, § 20-2)
Secs. 17-3—17-12. Reserved.
ARTICLE II. SOLICITORS AND
CANVASSERS
Sec. 17-13. Defined.
A canvasser or solicitor is defined as any individual, whether resident of the city or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance,
from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares, merchandise or personal property of any nature whatsoever
for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale
or whether he is collecting advance payments on such sales or not. Such definition shall also include any person who, for himself, or for another person, hires, leases, uses, or occupies
any building, structure, tent, railroad box car, boat, hotel room, lodginghouse, apartment, shop, or any other place within the city for the sole purpose of exhibiting samples and taking
orders for future delivery. (Code 1958, § 20-4)
Sec. 17-14. Permit and license required.
It shall be unlawful for any solicitor or canvasser as defined in section 17-13 to engage in such business within the city without first obtaining a permit therefor in compliance with
the provisions of this article. Such solicitor or canvasser shall also obtain a license if one is required by Chapter 13 of this Code. (Code 1958, § 20-3)
Sec. 17-15. Application for permit.
Applicants for permits under this article must file with the city clerk a sworn application in writing (in duplicate) which shall give the following information:
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(a) Name and description of the applicant;
(b) Permanent home address and full local address of the applicant;
(c) A brief description of the nature of the business and the goods to be sold;
(d) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(e) The length of time for which the right to do business is desired;
(f) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time
said application is filed, and the proposed method of delivery;
(g) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches
showing the head and shoulders of the applicant in a clear and distinguishable manner;
(h) The fingerprints of the applicant and the names of at least two (2) reliable property owners of Palm Beach County, Florida, who will certify as to the applicant's good character
and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable
an investigator to properly evaluate such character and business responsibility;
(i) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment
or penalty assessed therefor; and
(j) A statement by a reputable physician of the
city dated not more than ten (10) days prior to submission of the application, certifying the applicant to be free of contagious, infectious, or communicable disease. (Code 1958, §
20-5)
Sec. 17-16. Application fee.
At the time of filing the application for a permit hereunder, a fee of two dollars ($2.00) shall be paid to the city clerk to cover the cost of investigation of the facts stated therein.
(Code 1958, § 20-5)
Sec. 17-17. Investigation and action on
application.
(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 and moral character to be
made as he deems necessary for the protection of the public good.
(b) If as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his
disapproval and his reasons for the same, and return the said application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit will
be issued.
(c) If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application
his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application, to the city clerk, who shall
upon payment of the prescribed license fee, deliver to the applicant his permit. Such permit shall contain the signature and seal of the issuing officer and shall show the name, address
and photograph of said permittee, the class of permit issued and the kind of 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 identifying description of any vehicle used in such soliciting or canvassing. The chief of police shall
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keep a file of all applications after permits shall have been issued thereupon by the city clerk. (Code 1958, § 20-6)
Sec. 17-18. Permit duration.
Permits issued hereunder shall be good only for the time specified therein, which shall not exceed three (3) months.
Sec. 17-19. Exhibition of permit.
Solicitors and canvassers are required to exhibit their permits at the request of any citizen. (Code 1958, § 20-10)
Sec. 17-20. Duty of police to enforce.
It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing, and who is not known by such officer to be duly permitted to produce his
solicitor's or canvasser's permit, and to enforce the provisions of this article against any person found to be violating the same. (Code 1958, § 20-11)
Sec. 17-21. Reports, records of violations.
The chief of police shall report to the city clerk all convictions for violations of this article and the city clerk shall maintain a record for each permit issued and record the reports
of violation therein. (Code 1958, § 20-12)
Sec. 17-22. Permit revocation.
(a) Permits issued under the provisions of this article may be revoked by the city clerk after notice and hearing, for any of the following causes:
(1) Fraud, misrepresentation, or false statement contained in the application for a permit;
(2) Fraud, misrepresentation or false statement made in the course of carrying on his
business as solicitor or as canvasser;
(3) Any violation of this article;
(4) Conviction of any crime or misdemeanor involving moral turpitude; or
(5) Conducting the business of soliciting, or of canvassing, in an unlawful manner or in such a manner as to constitute 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. Such notice shall
be mailed, postage prepaid, to the permittee at least five (5) days prior to the date set for hearing. (Code 1958, § 20-13)
Sec. 17-23. Appeals.
Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit as provided in section 17-17 or in the revocation of a permit as provided in section
17-22, shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city council, within fourteen (14) days after notice of the action complained
of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall 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 17-22 for notice of hearing on revocation. The decision and order of the city
council on such appeal shall be final and conclusive. (Code 1958, § 20-14)
Sec. 17-24—17-33. Reserved.
ARTICLE III. CHARITABLE
SOLICITATIONS*
*Editor's note-Ord. No. 81-1, § 1, enacted Jan. 20, 1981, repealed Art. III of Ch. 20 of the 1958
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Code from which Art. III, §§ 17-34—17-42, of this Code was derived, and enacted in lieu thereof new provisions included herein as Art. III, §§ 17-34—17-45.
Cross reference-Special permits for nonprofit enterprises, § 13-9.
Sec. 17-34. Applicability.
The provisions of this article shall govern all charitable solicitations within the City of Boynton Beach. (Ord. No. 81-1, § 1, 1-20-81)
Sec. 17-35. Purpose.
Any person(s) or organization(s) desiring to exercise their constitutional rights of freedom of speech and freedom of religion by soliciting for funds within the City of Boynton Beach
shall be protected in such activities providing they do not interfere with the free flow of traffic or attempt to perpetrate a fraud on members of the public. This article is hereby
declared to be necessary for the accomplishment of the following:
(a) To insure that religious and charitable organizations are permitted to proselytize or solicit funds within the city.
(b) To insure that persons seeking to exercise constitution al freedoms of expression can effectively communicate within the city.
(c) To insure adequate nearby police facilities for the protection of persons exercising their constitutional freedoms.
(d) To protect persons within the city from fraudulent solicitations.
(e) To insure the free and orderly flow of traffic within the city. (Ord. No. 81-1, § 1, 1-20-81)
Sec. 17-36. Definitions.
Whenever used in this article, the following
words shall have the meanings herein ascribed unless a different meaning clearly appears from the context:
(a) Charitable means and includes the words “benevolent,” “church,” “educational,” “fraternal,” “philanthropic,” “religious” or “welfare,” either actual or purported.
(b) Contributions means and includes the words “clothing,” “food,” “money,” “pledge,” “property,” “subscription” or anything of value and also donations under the guise of loans of money
or property.
(c) Person means any individual, firm, partnership, corporation, company, association, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar
representative.
(d) Solicitation means the request, directly or indirectly of money, credit, property, financial assistance or other thing of value or the representation that same will be used for a
charitable purpose. A solicitation shall be deemed to have taken place when the request is made, whether or not the person making same receives any contribution referred to in this ordinance.
These words shall also mean and include the following methods of securing same:
(1) Any oral or written request;
(2) The sale of, offer to sell or attempt to sell, any article, service, tag, tickets, emblem, publication, advertisement, subscription, membership or other thing, whether or not of
value, in whole or in part, for charitable purposes;
(3) The making of any announcement to or through the local press or other media of public communication, concerning an appeal, drive or campaign to which the public is requested to
make a contribution for any charitable purposes connected therewith. (Ord. No. 81-1, § 1, 1-20-81)
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Sec. 17-37. Permit required; exception.
No person shall solicit contributions for any charitable purposes within the city without a permit pursuant to this article authorizing such solicitation; provided, however, that the
provisions of this article shall not apply to any established organization operating wholly or partially for religious or charitable purposes, if the solicitations are conducted only
among the members of such organization by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form
of collections or contributions at the regular assemblies or services of such established organizations.
No permit shall be required where a solicitation is conducted solely on a property owned or leased by the organization conducting the solicitation and a sign is posted in a prominent
place at each entrance to the area where the solicitation is being held, stating the name of the organization conducting the solicitation and the purpose for the solicitation. (Ord.
No. 81-1, § 1, 1-20-81; Ord. No. 81-11, § 1, 4-21-81)
Sec. 17-38. Application for permit.
Application for a permit required by this article shall be made to the city clerk upon the appropriate forms. Such application shall be sworn to or affirmed and filed with the city
clerk and shall contain the following:
(a) The name and address of the principal office of the person applying for the permit, including both local and nonlocal offices.
(b) If the applicant is not an individual, the names and addresses of the applicant's principal officers and board of directors or equivalent.
(c) The purpose for which such solicitation is to be made.
(d) A list of all fund raising events to be held during the thirty (30) day period, which thirty (30) day period shall run for the thirty (30) day period from the date of the application.
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(e) A list of the names and addresses of the person or persons who will be directly managing these fund-raising events.
(f) The use or disposition to be made of any funds raised and the name of the person or persons who decide or control how and for what purpose said funds shall be used or disposed of,
and how funds previously raised or collected in the City of Boynton Beach were used or disposed of.
(g) A description of the method or methods to be used in conducting the solicitations.
(h) The dates and hours when such solicitations will be made.
(i) A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, said statement giving the amount of money so raised, together
with the cost of raising it, and the final distributions thereof.
(j) A statement of the extent of the charitable work being done or to be done by the applicant.
(k) A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city or by any department or officer thereof.
(l) Proof that applicant is operated not for profit. A tax exempt certificate issued by the State of Florida or federal government shall be deemed sufficient proof that the applicant
is not operated for profit. (Ord. No. 81-1, § 1, 1-20-81; Ord. No. 95-39, § 1, 10-17-95)
Sec. 17-39. Fees.
(a) At the time of filing an application for a permit, a nonrefundable fee of ten dollars ($10.00) shall be paid to the city clerk to cover the cost of
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investigating the application and for administrative costs.
(b) For each solicitation badge requested there will be an additional identification badge fee of twenty-five cents ($0.25).
(c) There will be no fee required for amending an approved application. (Ord. No. 81-1, § 1, 1-20-81; Ord. No. 95-39, § 2, 10-17-95)
Sec. 17-40. Granting a permit.
Within five (5) days of the application, the city clerk shall issue a permit to the applicant.
A permit may only be withheld where the following is determined to exist:
(a) That one or more of the statements on the application is incorrect; provided that the applicant has been given the opportunity to correct or amend his application and refuses to
do so.
(b) The applicant has refused to provide the information requested in the application. (Ord. No. 81-1, § 1, 1-20-81)
Sec. 17-41. Appeal from refusal to grant permit.
Should a permit be withheld for any reason the applicant may appeal to the city council by requesting the same in writing to the city clerk.
The council shall hold a hearing within fourteen (14) days of the appeal.
The information provided for under (a)(1) and (a)(2) shall be considered as an amendment to the approved application. (Ord. No. 81-1, § 1, 1-20-81)
Sec. 17-42. Contents of permits; terms;
expiration; nontransferable.
(a) Permits issued pursuant to this article shall state the name and address of the person to whom the
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permit is issued, the number of the permit, the date issued and the dates within which the permit holder may solicit.
(b) No permit shall have a term in excess of thirty (30 days from the date of issuance by the city clerk. This term shall run from the date of the application for a thirty (30) day
period.
(c) Any permit issued pursuant to this article shall not be transferable or assignable.
(d) Said permit shall contain a complete list of the dates and times of solicitation and a complete list of the names and addresses of the person or persons who will be managing these
solicitations. These permits will be valid only for said events and said individuals.
(e) Each solicitor, including managers, shall be required to obtain an identification badge from the Boynton Beach Police Department. Such badge shall contain the name of the solicitor
as well as the name and address of the organization he represents and state that the application for permit is on file in the city clerk's office. Solicitors representing organizations
who provide identification cards or packets which include the name of the solicitor, the name of the organization, the address of the organization, and the phone number of the organization
will not be required to obtain a badge from the Boynton Beach Police Department or to pay the fee indicated in section 17-39(b). Such organization identification will be approved by
the city clerk. (Ord. No. 81-1, § I, 1-20-81; Ord. No. 86-35, § 1, 10-7-86; Ord. No. 95-39, § 3, 10-17-95)
Sec. 17-43. Amendments to application;
additional solicitation.
When an applicant has previously received a permit for all planned solicitation during the thirty (30) day period and desires to schedule an additional solicitation which has not been
considered, he has two (2) alternatives:
(a) Provided that the managers of this added solicitation were considered on the original application, said solicitation can be
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approved by submitting the dates, times and method of solicitation to the city clerk who will accordingly amend the permit.
(b) If the managers of said solicitation were not considered on the original application, the applicant must submit the names and addresses of the person or persons who will be managing
said solicitation, the dates, times and method of solicitation to the city clerk. (Ord. No. 81-1, § 1, 1-20-81; Ord. No. 95-39, § 4, 10-17-95)
Sec. 17-44. Restrictions on behavior.
In conducting solicitations:
(a) Each solicitor shall wear an identification badge issued by the city. Each solicitor shall wear or clearly display an identification badge issued by the city or by the soliciting
organization meeting the special conditions in section 17-42(e).
(b) No solicitor may in any way obstruct, delay or interfere with vehicular traffic within the city.
(c) There shall be no residential door to door solicitation between the hours of 8:00 p.m. and 9:00 a.m. (Ord. No. 81-1, § 1, 1-20-81; Ord. No. 86-35, § 2, 10-7-86)
Sec. 17-45. Penalty.
Failure to comply with any section of this article shall be deemed a violation of the City Code punishable by up to a five hundred dollar ($500.00) fine and/or sixty (60) days in the
county jail. (Ord. No. 81-1, § 1, 1-20-81)
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