Chapter 5 · Business Regulations

Article 1. Solicitors, Canvassers, Peddlers

Sections 5-101 to 5-112 · 12 sections

5-101 Going Upon Private Premises Prohibited.

Except as hereinafter provided, the practice of peddlers, agents, solicitors, hawkers and itinerant merchants in going in and upon private residence premises in the City without having been requested or invited so to do by the owner or owners, occupant or occupants of the private residence premises, for the purpose of soliciting orders for the sale of goods, wares or merchandise, and/or for the purpose of disposing of and/or peddling the same is hereby declared to be a disturbance, and such disturbances are hereby prohibited and declared to be unlawful.

(Prior Code 2016 §610.010; CC 1968 §9-401; Code 2021)

5-102 Violations.

Any person convicted of committing a disturbance as described and prohibited in Section 5-101 of this article shall be fined not to exceed five hundred dollars ($500.00) or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned.

(Prior Code 2016 §610.020; Code 2021)

5-103 Must Comply With Provisions Whether or Not Applicant Is Informed.

The City Officer receiving payment of a fee for the license of a peddler, agent, solicitor, hawker, or itinerant merchant, and the Officer issuing the license shall, before accepting the license fee or issuing the license, direct the attention of the applicant to the provisions of this article, but the failure of any such Officer to comply with the provisions of this Section shall not affect any prosecution for violation of this article.

(Prior Code 2016 §610.030; Code 2021)

5-104 Solicitors and Canvassers Defined.

The term “solicitor” or “canvasser” shall be construed to mean any individual whether a resident of the City or not, whose business or trade is mainly or principally carried on by traveling either by foot, automobile, motor truck, or by any other type of conveyance, from place to place, from house to house, or from street to street in the City, taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery, whether or not such individuals have, carry or expose for sale a sample of the subject of such sale or whether he/she is collecting advance payments or not; that the aforesaid shall include any person who, for himself/herself, or for another person, firm or corporation hires,, leases, uses or occupies any building, structure, tent, hotel room, trailer home, vehicle, apartment, shop or any other place or any means of conveyance within the City for future delivery; provided that this definition shall not include commercial travelers commonly called “drummers” nor any person or persons representing any recognized charitable, educational or eleemosynary institution or organization having resident representatives in the City; provided further, that “solicitor” or “canvasser” shall also include individuals soliciting orders by telephone or any other means of communication, where the services are to be performed in the future or delivery is to be made in the future.

(Prior Code 2016 §610.040; Code 2021)

5-105 Solicitor’s License; Fee; Duration.

Any solicitors or canvassers, defined in Section 5-104, shall upon application to and registration with the City Clerk be entitled to a solicitor’s or canvasser’s license upon payment of a license fee upon submitting to the said Clerk satisfactory evidence of the nature of his/her agency, relation to or connection with the person, firm, company or corporation represented or served, the nature, kind or character of such service, business or enterprise, the character and reputation of such person for business integrity and responsibility in the performance of contracts for delivery of goods and merchandise or performance of services solicited, and such other information as may be required by Section 5-107 hereof. All such licenses shall expire ninety (90) days after their issuance.

(Prior Code 2016 §610.050; Code 2021)

5-106 Prohibited Hours; Signage.

It shall be unlawful to solicit or peddle from 6:00 P.M. to 10:00 A.M. Monday through Saturday, all day on Sunday, or at anytime when a sign has been posted on a residence or building stating “No Solicitors or Peddlers,” or words to that effect, except that a licensed solicitor or peddler may call upon the occupant of a residence at other times when he has received express prior permission from such occupant to do so.

(Prior Code 2016 §610.055; Ord. 3063; Code 2021)

5-107 Application Required; Contents.

(a)Before the City Clerk shall issue any license authorized by this article, he/she shall satisfy himself/herself that the applicant therefor is qualified under the ordinances of the City to receive such license. He/she may require a sworn application in writing prepared in duplicate on a form to be supplied by said Clerk which shall among other things give the following information:

(1)Name and description of applicant;

(2)Permanent home address and full local address of applicant;

(3)A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in said business;

(4)If employed, the name and address of the employer, together with credentials establishing such relationship;

(5)The length of time which business is proposed to be carried on in the City;

(6)The place where services are to be performed or 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 the application is filed, and the proposed method of delivery;

(7)A photocopy of the applicant’s driver’s license.

(8)A photograph of the applicant, taken within ninety (90) days prior to the date of making application, which picture shall be at least two (2) inches by two (2) inches showing the head and shoulders of the applicant, in a clear and distinguishing manner;

(9)The names of at least two (2) reliable owners of property in the County of Miami who will certify to the applicant’s good character and business responsibility; or, in lieu of the names of references, submit available evidence as to the good character and business responsibility of the applicant as will enable the City Officers to evaluate properly his/her character and responsibility;

(10)A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any City ordinance, giving the nature of the offenses, the punishment assessed therefor, if any, and the City and state where conviction occurred.

(Prior Code 2016 §610.060; Code 2021)

5-108 Investigation Fee; Duty of Officers.

At the time of filing the application, a fee of one hundred fifty dollars ($150.00) shall be paid to the City Clerk to cover the cost of investigation by Officers of the City of the facts stated in the foregoing application.

(Prior Code 2016 §610.070; Code 2021)

5-109 Application Procedure; Disapproval; Acceptance.

(a)The following procedure shall be used in determining the disapproval or acceptance of an application for a license.

(1)Upon receipt of the above application, the City Clerk shall refer the same to the City Attorney or Chief of Police, who shall cause an investigation of the facts stated therein to be made within not to exceed five (5) days.

(2)If as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory, or the facts stated therein to be untrue, the Officer shall endorse on the application his/her findings and state his/her disapproval of the application and his/her reasons for the same, and shall return the application to the City Clerk, who then shall notify the applicant that his/her application is disapproved and that no license shall be issued.

(3)If, however, the investigation of such application discloses that the character and business responsibility and the facts stated in his/her application are satisfactory and true, the Officer shall endorse his/her findings and approval on the application and return the same to the City Clerk, who shall, immediately upon payment of any license fee prescribed hereafter, issue to the applicant to engage in the business described in the application. Such license shall be in such form as required by ordinance and shall show the name, address, and photograph or fingerprint of said licensee and the kind of goods to be sold or services rendered and, the amount of fee, (if any) paid, the date of issuance and length of time the license shall be operative.

(Prior Code 2016 §610.080; Code 2021)

5-110 Complaint; Suspension, Cancellation or Revocation of License.

Upon complaint and evidence of “good cause”, the City Clerk is authorized to suspend any license, issued under the provisions of this article, until the next meeting of the Governing Body, and said body upon a hearing of the matter, with notice to the licensee and affording him/her an opportunity to be heard, may permanently revoke or cancel such license or terminate the suspension and order a return of the license; provided that “good cause” herein shall mean to include any reason for which a license could be refused by the City Clerk in the case of an original application and any act of said licensee contrary to the health, morals, safety or welfare of inhabitants of the City or any act in connection with the business or trade which is unlawful, irregular or fraudulent in nature; provided further, that conviction of the licensee in the Municipal Court of said City shall ipso facto revoke any license granted hereunder and the Municipal Judge shall cause such license to be surrendered to him/her in open court and the same shall be returned to the City Clerk for cancellation.

(Prior Code 2016 §610.090; Code 2021)

5-111 Unlawful Acts; Penalty.

Any person who shall canvass in the City contrary to the provisions of this article or who shall refuse to surrender the license after the same shall have been suspended, revoked or canceled, or who shall canvass or solicit in the City after his/her license shall have been suspended, revoked or canceled, shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned.

(Prior Code 2016 §610.110; Code 2021)

5-112 Rule of Construction.

Nothing herein shall be construed to affect or suspend any other ordinance or to deny or excuse any person, firm or corporation from obtaining any license or permit required to peddle or sell goods, wares or merchandise for immediate delivery and which goods are then and there delivered.

(Prior Code 2016 §610.120; Code 2021)