Chapter 45 - SOLICITORS' PERMITS—COMMERCIAL

Sec. 43A.07. - Authority of Mayor of the City of Orlando. Chapter 48 - POLICE DEPARTMENT Chapter 45 - SOLICITORS' PERMITS—COMMERCIAL[1]

Footnotes: --- (1) ---

Editor's note— Ch. 45, formerly entitled "Peddlers and Canvassers," was amended to read as herein set out by Ord. of 6-21-1971, § 1. Sections 2 and 3 of said ordinance, validity and effective date provisions, were omitted. Prior to amendment, ch. 45, §§ 45.01—45.12, was derived from Code 1948, §§ 65.01—65.09, 65.11—65.15; Ord. of 9-19-1951; Ord. of 9-19-1951; Ord. of 3-31-1954, §§ 1—4; and Ord. of 1-13-1960, §§ 1—3.

Cross reference— Licenses generally, ch. 36; noise, ch. 42.

Sec. 45.01. - Permit and License Required.

It is unlawful for any person to solicit or peddle, as defined in this Chapter, whether or not engaged in interstate commerce, within the corporate limits of the City of Orlando, without first obtaining and having in personal possession a valid, current solicitor's permit in compliance with this Chapter and having first obtained a Business Tax Receipt as required by Chapter 36 of this Code.

A business shall require and be responsible to ensure that all of its agents shall have a current City of Orlando solicitor's permit before that agent is authorized to solicit or peddle within the City of Orlando on behalf of the business. No owner, proprietor, partner, officer, manager, supervisor or employee of a business shall authorize or permit an agent to solicit or peddle within the City of Orlando on behalf of the business, unless the agent has a current City of Orlando solicitor's permit.

It shall be construed to be soliciting or peddling on behalf of a business for the purposes of this section, if the business receives all or part of the financial consideration paid for the goods or services, either directly or indirectly. Sales of goods by the business to its agents for subsequent sale to the public by soliciting or peddling shall be construed to be soliciting or peddling on behalf of the business, unless the business clearly demonstrates to the license official that the business only acts as a wholesaler, the business has no control over the solicitors or peddlers and the business does not provide any organizational or promotional support to the solicitors or peddlers.

(Ord. of 6-21-1971, § 1; Ord. of 1-10-1983, Doc. #17494; Ord. No. 2015-57, § 1, 11-16-2015, Doc. #1511161210)

Sec. 45.02. - Prohibitions.

(1)

It is unlawful for any individual solicitor, agent or peddler as defined in this Chapter to:

(a)

Enter the premises of a private resident for the purpose of selling or soliciting orders for goods, wares or merchandise, personal services or information when a "No Solicitors" sign is posted;

(b)

Remain upon any residential premises after the owner occupant requests the solicitor to depart;

(c)

Conduct business between 5:00 p.m. and 9:00 a.m. or at any time on Sundays;

(d)

To approach back or rear doors or the sides or rear of residential premises;

(e)

To refuse or fail to exhibit his solicitor's permit identification card upon request by any law enforcement officer or citizen solicited;

(f)

Intentionally make any physical contact with or touch the person solicited without that person's consent;

(g)

Block the free passage of the person being solicited;

(h)

Intentionally approach in such a manner or use obscene or abusive language or gestures intended to or likely to cause a reasonable person to be intimidated into responding affirmatively to the solicitation.

(2)

Identification of Solicitor, Organization, License and Permit—Violation. Prior to engaging in any form of solicitation, including delivering any literature, gift or item of any kind or seeking a donation, sale, purchase order or payment from the person being solicited, a solicitor shall announce to the person being solicited the true identity of the solicitor, the true identity of the organization he/she is soliciting for, and whether he/she has a City of Orlando solicitor's permit, and Business Tax Receipt. Failure to do so or intentionally misrepresenting any such fact is unlawful and punishable as provided in Section 1.08 of the Code of the City of Orlando.

(Ord. of 6-21-1971, § 1; Ord. of 1-10-1983, Doc. #17494; Ord. of 12-2-1996, Doc. #29840; Ord. of 8-23-1999, § 1, Doc. #32282; Ord. of 8-21-2000, § 1, Doc. #33177; Ord. No. 2015-57, § 1, 11-16-2015, Doc. #1511161210; Ord. No. 2017-42, § 5, 7-24-2017, Doc. #1707241206)

Sec. 45.03. - Definitions.

The following words for purposes of this Chapter are defined as follows:

(1)

Agent. An individual representing a place of business, whether as an officer, employee, agent or independent contractor, who is engaged in a door-to-door canvass, selling, demonstrating or taking orders for any goods, wares or merchandise, or services; or taking orders from samples where goods are to be delivered later.

(2)

Business. An individual, partnership, association, organization or corporation acting as the commercial enterprise which provides the organizational framework or supervisory function for solicitors or peddlers.

(3)

Peddler. An individual traveling by foot, automotive vehicle, motor truck, or any other type of conveyance from place to place, house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, offering and exposing the same for sale or making sales or delivery articles to purchasers, or who, by traveling from house to house, shall sell or offer the same for sale from a vehicle or conveyance. Anyone who solicits orders and as a separate transaction makes deliveries to purchasers as a part of the scheme or design to evade the provisions of this Chapter shall be deemed a peddler, subject to the provisions of this Chapter. The word "peddler" shall also include the words "hawker" and "huckster."

(4)

Solicitor. Any individual, traveling either by foot, automobile, motor truck or any other type of conveyance from place to place, house to house or from street to street, taking or attempting to take orders for sale of goods, wares or merchandise, subscriptions, 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. "Solicitor" shall include persons engaged in soliciting information door-to-door for the purpose of polls, surveys and similar activities for a commercial purpose, but shall not include persons engaged in the exercise of their constitutional rights of freedom of speech and political activity.

(5)

Person shall be defined as any individual, company, corporation, co-partnership or association.

(6)

Goods, Wares and Merchandise shall be held to include the exchange of a photograph, coupons or tickets for goods or merchandise.

(7)

License Official, as used in this Chapter, shall mean the Director of Economic Development of the City of Orlando.

(8)

Exceptions. The terms "peddler," "solicitor" or "agent" shall not include the following:

(a)

Milk, water, bakery, grocery, or other food products vendors licensed by the City of Orlando.

(b)

Individuals peddling, soliciting or canvassing for charitable or religious purposes, as provided for in Chapter 51.

(c)

Laundry, dry cleaning, rug cleaning, garment storage, linen supply, towel supply and diaper services, delivery and route men operating from clearly identifiable vehicles, and newspaper delivery men on regular routes.

(d)

Service or repair men responding to service calls as an agent of a person issued a valid Business Tax Receipt.

(e)

Representatives and salespersons for cosmetic, cleaning or food storage products conducting a prearranged visit to demonstrate their product line.

(Ord. of 6-21-1971, § 1; Ord. of 1-10-1983, Doc. #17494; Ord. No. 2015-57, § 1, 11-16-2015, Doc. #1511161210)

Sec. 45.04. - Application and Fee.

An individual applying for a solicitor's permit as an individual or as a representative of a business must file a sworn written application on forms provided by the City License Official and pay a non-returnable fee of twenty dollars ($20.00) to cover processing costs, except as provided herein. The fee shall not be assessed against or collected from persons engaged in interstate commerce whose sole contact with City of Orlando residents is to solicit orders for goods to be shipped directly to the City resident by interstate commerce.

The application shall provide at least the following information for review by the Police Department:

(1)

Name, personal identification description, permanent residence and complete local home and business address of applicant.

(2)

Number of valid City of Orlando Business Tax Receipt and the name issued to.

(3)

Description and license number of vehicle to be used in solicitation.

(4)

Business name and address of company represented and complete name and address of immediate supervisor with credentials establishing applicant's exact relationship.

(5)

The length of time business is to be conducted in the City of Orlando.

(6)

Description of the nature of solicitations to be made and goods, wares, merchandise or services to be offered.

(7)

The location, manufacturer or fabricator of goods, wares or merchandise to be offered. If a producer of products of farm or grove, the location and number of acres in production.

(8)

Two (2) or more persons who will certify to the applicant's good character and business responsibility, or other satisfactory evidence of good character and business responsibility of the applicant.

(9)

A statement of any convictions, nolo contendere pleas, or forfeitures for violating any local, state or federal law, excluding traffic fines of fifty dollars ($50.00) or less, the nature and location of the offense(s) and the penalty imposed.

(10)

Fingerprints and photographs of the applicant taken by the Orlando Police Department.

Any falsification of the above information is grounds for denial, suspension or revocation of the permit. Any change in the above information must be recorded in an affidavit filed with the License Official.

The License Official shall retain application records in accordance with applicable law but for not less than five (5) years.

(Ord. of 7-21-1971, § 1; Ord. of 8-5-1974, § 1; Ord. of 1-10-1983, Doc. #17494; Ord. No. 2015-57, § 1, 11-16-2015, Doc. #1511161210)

Sec. 45.05. - Issuance of Permit.

If, after a police investigation reasonably made, the License Official determines the applicant for a permit required by Section 45.02 of this Code, is of good moral character with a good reputation for truthfulness and honesty, and proposes to engage in a lawful, commercial, or professional enterprise, supervised by responsible and reliable persons, the License Official may issue the permit.

(Ord. of 6-21-1971, § 1; Ord. of 1-10-1983, Doc. #17494)

Sec. 45.06. - Duration and Validity.

No permit shall be valid for a period longer than twelve (12) months from the date of its issuance.

A permit is not transferable between solicitors. When a solicitor changes employers, or his permit is revoked, the permit is automatically void; and he shall return the void permit to the License Official.

A valid solicitor's permit determined by the License Official to be lost, stolen or destroyed may be reissued by the permittee's filing an affidavit and paying a ten dollar ($10.00) fee, except no fee shall be required from persons engaged in interstate commerce whose sole contact with the City of Orlando residents is to solicit orders for goods to be shipped directly to the City resident by interstate commerce.

The License Department may after twelve (12) months renew a permit to a solicitor engaged in the same work and product line with the same employer after his submission of a notarized affidavit stating there are no felonies or misdemeanors charged to him for which action is pending, to which he has pled nolo contendere, forfeited bond, or for which he has been convicted since the original application. A nonreturnable renewal fee of ten dollars ($10.00) in lieu of the annual twenty dollar ($20.00) fee, will be required if the City determines only a local investigation is necessary. No renewal fee shall be required from persons engaged in interstate commerce whose sole contact with the City of Orlando residents is to solicit orders for goods to be shipped directly to the City resident by interstate commerce.

(Ord. of 7-21-1971, § 1; Ord. of 1-10-1983, Doc. #17494)

Sec. 45.07. - Revocation and Appeal.

Permits used as provided by this Chapter may be revoked by the License Official, after notice and hearing, for any of the following offenses:

(1)

Fraud, misrepresentation or a false statement in the application.

(2)

Fraud, misrepresentation or a false statement in conduct of the business.

(3)

Violation of any condition, provision or qualification provided in the application.

(4)

Conviction, nolo contendere plea or forfeiture resulting from violation of any City, State or Federal law involving moral turpitude.

(5)

Any violation of this Chapter.

(6)

Conducting business in an unlawful manner or in such manner as to threaten a breach of the peace or menace, public health, safety or welfare.

Written notice of revocation, and the grounds therefor, shall be mailed to a permittee at his address of record at least five (5) days before the date set for a hearing.

An applicant denied a permit or a holder of a revoked permit aggrieved by the action of the License Official may appeal to the City Council by filing a written statement with the City Clerk detailing the grounds for appeal within fourteen (14) days after the notice of denial or revocation has been mailed or received. The City Council shall set a time and place for hearing and its decision shall be final.

(Ord. of 7-21-1971, § 1; Ord. of 1-10-1983, Doc. #17494)

Sec. 45.08. - Penalty.

Any person violating the provisions of this Chapter shall, upon conviction, be subject to the penalties provided in Section 1.08 of the Code of the City of Orlando. Each separate day of violation constitutes a separate offense.

(Ord. of 6-21-1971, § 1; Ord. of 1-10-1983, Doc. #17494)

Sec. 43A.07. - Authority of Mayor of the City of Orlando. Chapter 48 - POLICE DEPARTMENT