2022-O-03 - Chapter 11 - Solicitor Permits ORDINANCE NO.2022-0-03
AN ORDINANCE AMENDING CHAPTER 11 (BUSINESS
TAX RECEIPTS AND BUSINESS REGULATIONS),
ARTICLE IV (PEDDLERS, SOLICITORS, CANVASSERS
AND ITINERANT MERCHANTS) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
I. The City of Edgewater finds that Chapter 11 (Business Tax Receipts and Business
Regulations) requires anyone wishing to conduct home solicitation sales register with the
City.
2. The City of Edgewater finds that Florida Statutes 501.022 requires anyone
engaging in home solicitation sales to obtain a permit from the County Clerk of Court.
3. The City of Edgewater finds that the requirements of the Clerk of Court for
obtaining a home solicitation sales permit are the identical to those required by the City;
thereby duplicating the process.
4. It is necessary for the preservation and enhancement of the public health, safety
and welfare and in the best interest of the city and its citizens to amend Chapter 11 (Business
Tax Receipts), Article IV (Peddlers, Solicitors, Canvassers and Itinerant Merchants), of the
Code of Ordinances to eliminate the City registration requirement for solicitors.
5. It is the intent of the City Council to preserve the need for solicitors to obtain a
permit from the Clerk of Court and continue enforcement by the city code enforcement
division, police department and fire department.
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2022-0-03
NOW THEREFORE,BE IT ENACTED by the City Council of the City of Edgewater, llmlb�
Florida:
PART A. AMEND CHAPTER 11 (BUSINESS TAX RECEIPTS AND
BUSINESS REGULATIONS), ARTICLE IV (PEDDLERS, SOLICITORS,
CANVASSERS AND ITINERANT MERCHANTS) OF THE CODE OF
ORDINANCES,CITY OF EDGEWATER,FLORIDA
Chapter II (Business Tax Receipts and Business Regulations), Article IV (Peddlers,
Solicitors, Canvassers and Itinerant Merchants), is amended to eliminate the city registration
requirement pursuant to Exhibit"A",which is attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re-lettered to
accomplish such intention;provided, however,that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PART F. ADOPTION
After Motion to approve by Councilwoman Power, with Second by,Councilwoman
Bennington, the vote on the first reading of this ordinance held on, March 14, 2022, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
71
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2022-0-03
After Motion to approve by O:L9- aslll cmrs,� Cj` ' 0 0 1 2 with Second by
U
C�l Yl U e �t^,c�r�� r1 �e�bt 211 the vote on the second
reading of this ordinance held on April 4, 2022,was as follows:
AYE NAY
Mayor Mike Thomas L (11USE-D
Councilwoman Christine Power
Councilwoman Gigs Bennington �l
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
PASSED AND DULY ADOPTED this 4'h day of April, 2022.
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
<Eerni
---- -
{
.-..ATTEST:
Bonnie Zlotnik, C
City Clerk
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe,Esquire
City Attorney
Doran,Sims,Wolfe&Yoon
Approved by the City Council of the City of Edgewater at a
meeting held on this 0' day of April, 2022, under Agenda
Item No 8 d
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2022-D-03
EXHIBIT"A"
ARTICLE IV. PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT
MERCHANTS
Sec. 11-61.Legislative findings and intent.
(a) The city council finds that panhandling may be startling,annoying,disturbing,and disruptive to residents and
businesses and may contribute to disorder and to the loss of enjoyment of public places.
(b) The city council finds aggressive panhandling such as by detaining,impeding or unwanted touching or
intimidation which causes fear or apprehension in another person constitutes a threat to the public health,
safety,and welfare of the citizens of the city.
(c) The city council finds that panhandling may interfere with the safe access of pedestrian and vehicular traffic
into public areas,public buildings and public transportation which would thereby constitute a threat to public
health,safety and welfare.
(d) The city council finds that the presence of panhandlers in places that are difficult to avoid,where citizens
typically find it necessary to wait,or are confined areas,can enhance the fear of crime.
(e) This article is intended to prevent and/or reduce the threat of crimes,to provide a safe and pleasant
environment within the city and to eliminate public nuisances within the city.
(f) This article is intended to protect the privacy and peaceful enjoyment of citizens homes and businesses and to
provide residents with information helpful to determine their response to solicitors.
(g) This article is intended to protect citizens from the annoyance,disruption,and intimidation associated with
certain kinds of solicitation and is not intended to limit constitutionally protected activity.
See. 11-62. Definitions.
As used in this article,the following definitions shall apply:
Aggressive panhandling means:
(1) To approach or speak to a person while panhandling in such a manner as would cause a reasonable
person to believe that the person is being threatened with:
a. Imminent bodily injury;or
b. The commission of a criminal act upon the person or another person,or upon property in the
person's immediate possession.
(2) To persist in panhandling after the person solicited has given a negative response;
(3) To block,either individually or as part of a group of persons,the passage of a solicited person;
(4) To touch a solicited person;or
(5) To engage in conduct that would reasonably be construed as intended to intimidate compel,or force
a solicited person to accede to demands.
Canvasser or solicitor means any individual,whether a resident of the city or not,traveling either by foot,
vehicle or other conveyance from place to place taking or attempting to take orders for the sale of goods,wares and
merchandise or personal property of any nature whatsoever for future delivery,or for services to be furnished or
performed in the future.The canvasser or solicitor may carry or expose for sale a sample of the subject of such sale,
or may collect advance payment on such sales and may be considered any person who for himself or for another
person hires,leases,uses or occupies any building,structure,car, room,shop or any other place within the city for
the sole purpose of exhibiting samples and taking orders for future delivery.This includes any person who,without
invitation,goes upon private property to request contribution of funds or anything of value or to sell goods or
services for political,charitable,religious or other noncommercial purposes.
Itinerant merchant or itinerant vendor means any person,firm,organization,corporation,or other entity
whether its owner,agent,consignee or employee,whether a resident of the city or not,who engages in the
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stationary,temporary(not to exceed three months)business of selling and delivering goods,wares and merchandise,
i.e.holiday tree sales and pumpkin sales during the fall season,within the city for the exhibition and sale of such
wares or merchandise.The term"itinerant merchant"also includes a business operator,on said operator's own
property,when said operator conducts activities in open spaces outside of an enclosed structure, including,but not
limited to,approved activities,the sale or display of goods and/or services not part of the normal business activities
of that operator but encompassed by said city local business tax receipt.Persons,firms or corporations so engaged
shall not be relieved from complying with provisions herein by reason of temporary association with or sponsorship
by any local dealer,trade, merchant or auctioneer,or by conducting such itinerant business with,as a part of,or in
the name of any local licensee.Notwithstanding anything to the contrary herein,the term"itinerant merchant"shall
also include business operators who conduct activities within enclosed structures at flea markets operating during
recognized events on days flea markets are not normally operated with appropriate city approvals. Vendors
registered by approved special activity permits are excluded from this provision.
Panhandling means any solicitation made in person which,directly or indirectly, requests an immediate
donation of money,employment,credit, financial assistance,property or other thing of value,and includes vehicular
panhandling. Except as specifically provided for in this article, panhandling does not include passively slanding or
sitting with a sigh or other indication that a donation is being sought,but without any vocal request other than in
response to an inquiry by another person.
Peddler means any person,whether a resident of the city or not,traveling by foot,vehicle,or any other type of
conveyance from place to place carrying or transporting goods,wares and merchandise;offering and exposing the
same for sale or making sales and delivering articles purchased;or who,without traveling from place to place,shall
sell or offer[lie same for sale from his or her person,or from any vehicle or conveyance.
Resident of'the city means any person with a mailing or street address located within the city,including
temporary visitors,renters or boarders.
Right-of-ivay means land dedicated,deeded, used or to be used for a street,alley,walkway, boulevard,
drainage facility,access for ingress and egress,utilities or other purpose by the public,certain designated
individuals,or governing bodies.
Roachva),means public or private roads falling into one of several categories, more particularly defined as
follows:
Lxpressivay means a limited access facility of four(4)or more lanes designed primarily for the high-
speed movement of traffic.
Arterial means a facility of two(2)or more lanes designed primarily to serve as a major access route to
expressways and/or as a connector of subregions,intercounty and inter-city vehicular movement.The main
function is to move large volumes of vehicles(greater than 6,000 Average Daily Trips(ADT's).
Collector means roads of two(2)or more lanes designed primarily for traffic movement within and
between residential neighborhoods,commercial and industrial areas and all other roads.
Cul-de-sac means a minor street with only one(l)outlet terminating at one(1)end with a circular turn
around.
Local means road facilities designed primarily to provide direct access to abutting property.Average
daily trips are normally less than 1,000 vehicles.
,Wa ginal Access means roads which are parallel to and adjacent to arterial streets and highways and
which provide access to abutting properties and protection from through traffic.
Private means any street that has not been dedicated for public use.
Public means any street designed to serve more than one(1)property owner which is dedicated to the
public use and accepted for ownership and maintenance by the city council or other regulatory public body,
and includes any street right-of-way dedicated to the public prior to,or at the time of,adoption of this Code.
Solicit,.solicitation or soliciting means the act of requesting,directly or indirectly,expressly or by implication,
money,credit,property,financial assistance,information or any other thing of value either in return for goods or
services,or for an order for either goods or services,or as a contribution or donation whether or not such
contribution or donation results in receipt of any goods,merchandise or service or any similar exchange or
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something of value between the person engaging in the act of solicitation and a resident of the city,whether such
things of value be tangible or intangible.
Structure means any object constructed or installed by a person having a permanent location on the ground.
Vehicular pm7lrcu7cllirrg means any activity which is conducted in the furtherance of obtaining money,
employment,or any other thing of value from an occupant of a motor vehicle,most commonly accomplished by
giving a hard-luck story,holding out a cap,bucket,or other container for receipt of money or other donation,or
displaying a sign asking directly or indirectly for money or donations,when such activity/activities result(s) in the
panhandler approaching a motor vehicle being operated on a roadway,to collect or receive the money or other thing
of value.
Sec. 11-63. Registration—Required.
(a) Except as otherwise provided in section 11-76, it shall be unlawful for any person 18 years of age or older to
engage in soliciting panhandling or itinerant merchandising sales within the city without first being registered
for that purpose as provided in this article.
(b) No person under the age of 18 shall be permitted to engage in s 'i hint,,panhandling or itinerant
merchandising sales except as provided in this section.
(c) A registration shall be obtained by a sponsoring person,company or organization for the conduct of any
salt-4ii i,an er-itinerant merchandising sales activities involving, in whole or in part,a sales force of one or
more person under 18 years of age.
(d) The sponsor shall be responsible for supervising and controlling the conduct of all persons, including
juveniles, :;~lien••! onducting itinerant merchandising sales the sponsor's registration.For the purposes
of this section,supervision shall mean that the sponsor has the persons selie4ir g under the sponsor's
registration within view at all times.
J
e or other easily readable
few}eftidentifies the name of the spensei-and the name of the indk idual.The spen
shall r-equiFe all iiidi%-idtials in its sales feree te wear sueh identifieafien se that it is alemij, visible a!all !imeq,.1,.,., .1.., :.,.1:..:.1...,l,..,F-P .,I tif
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(e) It shall be unlawful for any person 18 years of ase of older to eneaQe in soliciting within the City without first
obtaining a valid home solicitation sales permit from the clerk of court as required by F.S.501.022.unless
excluded by F.S.501.022(b),as amended.
(c) A fe-64�m6ei}horne solicitation permit.from the clerk of court. shall be obtained by a sponsoring person,
company or organization for the conduct of any solicitation eF itinerant MerEhandising Sale. lctivities
involving,in whole or in part,a sales force of one or more person under 18 years of age.
(d) The sponsor shall be responsible for supervising and controlling the conduct of all persons. including
juveniles,soliciting eendiieiing ~^-r^~*~ ^'^~' ^'~^under the sponsor's permit. For the
purposes of this section.supervision shall mean that the sponsor has the persons soliciting under the sponsor's
regeepermit within view at all times.
-See. 11 64. Same Applieatieii fer- b b and b•
JiS!Fatiffli gliall c-emplete and return ie!he not fiewer than five J
diE*,s in
adN,miee ef Elie date upall Whiell tile applieant wishes te eemmenee seliekaiieits within the eity,B FegistFati8n
f r , f•.,-niched by Oie., ,.hiel,..hall requife the f I1.,,,ing,:,�a�
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Fa�Name. address and ;eIePhg /0001,
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represent the efganii--aiiem-.
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(10) The applic-ant shall pi-evide a set affingerpFiRIS WhiCh Shall Fefflaill efl file with the city.
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ID 1f r„ whether any t e.,re _ fe-,*stfatteR e aky has ek:er-been-Fev6(12) 'Pie HdtUFC 1cedr
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' preefef identky pFeviding,
«deny eeFtificates, license 5-Or etheF auihori ei}sas may be Fegoifed by the-ei; state ,
(3) .'N valid hems selie-kalien sales pe;-mit ffem the eleFk of eaurt as FequiFed by P.S. 50 1.022, kill1pr'.
excluded by F.S. 501.022r,.. iidea
Sec. 1l-65. Same—Application for itinerant merchant/itinerant vendor.
(a) For-m- Applicants for registration shall complete and return to the city,not fewer than 14 working days in
advance of the date upon which the applicant wishes to commence itinerant merchant sales/activities,a
registration form furnished by the city which shall require the following information:
(1) Name, permanent address and telephone number,and temporary address and telephone number;
(2) The place where the applicant may be contacted for at least seven days after leaving the city..
(3) Nalne, address and telephone number of the person or organization the applicant represents or is
employed by(if applicable);
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(5) The-name--of-three previous eiti@r."}Theer .,I: .,t (O the Or.-aHiEa&Hmea) nd rted
Si ;Iirr<zr it irr:t�leraii{mere'[tt ndising"•,Ie /:Fe.,.,l;...,F.le t.
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(6) A statement of any convictions,nolo contendere pleas,or forfeitures for violating any local,state or
federal law,excluding traffic fines of$50.00 or less,the nature and location of the offense(s)and the
penalty imposed;
(7) A statement as to whether or not the applicant(and/or represented organization,if applicable),has:
a. Engaged in itinerant merchandising sales of a similar nature in the city before;and
b. If so,whether any license,permit or registration issued by the city has ever been revoked;
(8) A brief description of goods or services offered;
(9) The proposed method of delivery of goods or services,if applicable;
(10) The length of time itinerant merchandising sales are to be conducted in the city;
(11) A statement that the registration does not represent and will not be used by the applicant as an
endorsement of the itinerant merchant's product,service or cause by the city;
(12) A notarized statement from the property owner authorizing applicant to conduct itinerant merchant
activities on the property.Statement shall also acknowledge that the property owner recognizes that
he/she will be responsible for any code violations on the property. Nothing herein alters the city's
ability to cite and lien the property owner pursuant to the authority in F.S.Ch. 162, if the statement
is not provided by the property owner.
All statements made by the applicant upon the application or in connection therewith,shall be under oath.
(b) Additional information. Each applicant shall present to the city for examination:
(1) A driver's license or some other proof of identity providing equivalent information;
(2) Any certificates, licenses or other authorizations as may be required by the city, state or other
regulatory bodies applicable to the applicant's proposed solicitation activity.
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See. 11-66. Same—Application for panhandling.
(a) Applicants for a panhandling permit shall complete and return to the city,not fewer than five working days in
advance of the date upon which the applicant wishes to commence panhandling within the city,a registration
forth furnished by the city requesting the following information:
(1) Name,date of birth,permanent or temporary address and telephone number.
(2) A physical description of the applicant and any other distinguishing physical characteristics.
(3) The length of time panhandling is to be conducted in the city.
(4) A statement that the registration does not represent and will not be used by the applicant as an
endorsement by the city.All statements made by the applicant upon the application or in connection
therewith,shall be under oath.
(b) Additional information. Each panhandler applicant shall present to the city for examination:
(1) A driver's license or some other photo proof of identity providing equivalent information;
(2) A notarized statement from the property owner authorizing the applicant to conduct panhandling
activates on private property.
See. 11-67. Same—Fee.
At the time the application is submitted a fee shall be paid to the city.The fee shall be established by a
resolution from the city council and subject to change accordingly.This fee is not refundable if the registration is
refused for any reason noted in section 11-68 or if the applicant withdraws the application at any time after the close
of the business day on the day during which it was submitted.
Any person claiming to be legally exempt from the regulations set forth in article IV,and/or from the payment
of the fee,shall cite to the city in writing the statute or other legal authority under which exemption is claimed.
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Sec. 11-68. Same—Review; issuance or denial.
(a) Upon receipt of an application,the city shall refer it as soon as possible to the chief of police who shall cause
such review of the applicant's criminal background.
(b) The city shall refuse to register the applicant if it is determined,pursuant to the chief of police's review that:
(1) The application is incomplete or contains false data;
(2) Has been convicted of a felony offense or first degree misdemeanor;
(3) The applicant failed to comply with any applicable provision of section 11-64, 11-65 and 11-66.
(c) Absent a cause to refuse registration in accordance with subsection(b),the city shall grant a registration and
issue to the applicant a certificate of registration. Such certificate shall authorize the holder to operate within
the city for 60 days. Upon the receipt of renewal application,the city may renew a registration one time in a
calendar year.The city shall maintain an accurate record of every application received and acted upon together
with all other information and data pertaining to the application and all certificates of registration issued and
applications refused.
(d) A permit is not transferable between seljsiters panhandlers or itinerant merchants.•1Oen-a-se4eiter-c-4langes
chi
See. 11-69. Appeal.
Any person aggrieved by the action or decision of the city clerk to deny or revoke a registration may appeal
such decision to the city manager by filing a written request with the city manager within 30 days after the rendition
of the decision by the city clerk.
Sec. 11-70. Loud noises and speaking devices.
No applicant,nor any person in his behalf,shall shout,cry out,blow a horn, ring a bell or use any sound-
amplifying device upon any of the streets,alleys,parks or other public places of the city or upon private premises
where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the
streets,avenues,alleys,parks or other public places, for the purpose of attracting attention to any goods,wares or
merchandise which such applicant proposes to sell.
Sec. 11-71. Prohibited practices.
(a) It is unlawful fe:•an peddleiz. *icier eF itinerant inef.',.,.,,to make exclusive use of any location on any
street,alley, sidewalk or right-of-way for the purpose of selling,delivering or exhibiting goods or
merchandise.
(b) It shall be unlawful for any person to knowingly make any false or misleading representation in the course of
soliciting a donation.False or misleading representations include,but are not limited to,the
following:
(1) Stating that the donation is needed to meet a specific need,when the solicitor already has sufficient
funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need which does not exist;
(3) Stating that the solicitor is from out of town and stranded,when such is not true;
(4) Wearing a military uniform or other indication of military service, when the solicitor is neither a
present nor former member of the service indicated;
(5) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the
disability indicated;
(6) Use of any makeup or device to simulate any deformity;or
(7) Stating that the solicitor is homeless,when he or she is not.
(8) It shall be unlawful for any person to solicit a donation stating that the funds are needed for a
specific purpose and then spend the funds received for a different purpose.
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(c) It shall be unlawful for any person to panhandle,and no registration issued under this Article shall be deemed
to allow panhandling, including passively standing or sitting with a sign or other indication that one is seeking
donations,when the person solicited is in,on,or at any of the following locations:
(1) On public property in the area more particularly described as city parks and recreational areas such
as recreational trails or at locations where the city is hosting or conducting an event;
(2) Within 500 feet of a public school or daycare facility;
(3) At any bus stop or any public transportation facility;
(4) Inside or within 20 feet of any public restroom;
(5) In any public transportation vehicle or facility;
(G) In any vehicle on the street;
(7) Within 50 feet of the site of any automated teller machine(ATIt7);
(8) On private property,unless the panhandler has permission from the owner or occupant;
(9) On any of the following roadways or right-of-ways: East Indian River Boulevard. West Indian River
Boulevard. State Road 442, South Ridgewood Avenue. North Ridgewood Avenue, State Road 5,
U.S.Highway 1,East Park Avenue,W Park Avenue,and Interstate 95.
(d) It shall be unlawful for any person to panhandle in any of the following manners:
(1) By blocking the path of the person solicited;
(2) By using profane or abusive language,either during the solicitation or following a refusal;
(3) By panhandling in a group of three or more persons;or
(4) By any statement, gesture,or other communication which a reasonable person in the situation of the
person solicited would perceive to be a threat.
(5) By aggressive panhandling as defined in sec. 11-62.
(e) It shall be unlawful for any person to panhandle between sunset and sunrise Monday through Saturday at any
location within the corporate limits of the City of Edgewater.
Sec. 11-72. Solicitor business regulations.
It shall be unlawful for any solicitor:
(1) To call at any residence prior to the hour of 9:00 a.m.or after 8:00 p.m.;
(2) To call at any residence or other place bearing a notice of"No Peddlers"or"No Solicitors"or words
of a similar meaning, providing such notice is posted in a conspicuous place or near the main
entrance,is plainly visible, is at least three inches by five inches in height;
(3) To call at other than the front or main door of any residence;
(4) To remain on any premises after being asked to leave by the owner,occupant or other person having
authority over such premises;
(5) To misrepresent or make false,deceptive or misleading statements concerning the quality, quantity
or character of any goods or services provided, the purpose of the visit, his or her identity or the
identity of the represented organization;or
(G) To impede the free use of sidewalks and streets by pedestrians and vehicles.
(7) To fail to carry or display a valid home solicitation sale permit from the county clerk of court as
required by F.S.501.022(8),as amended.
See. 1 1-73. -Saheitat! selesu
(1 After the i 4ial ^-reetangarid-bak3re any etrh-1 10-11-1, ts-tt}ade to a prospeci+ve sAeitee, a soheiia
s4! a pre';'d .,_.`i, i., o hi,- i, .. . o .i. .,atrte Of tile ffgallin rept-eseii ed. if any, and
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2022-0-03
identify the na ttwe of the solicitation, i.e. selling 5telcing l f;
s$leing €er eentribcatiaes to er fer ,ete.
a
geods eF sen-iees. the 5811COtOF Shall e earls' itifeigii the selieitee ef their Fig! e he
te
(33 if tile selieitaiien results ift aA 8Fder f4 tile later delivef�. ef geeds er sem,iees,the selieker-shall,at
the time!he E)FdeF is taken, pres-ide the buyeF With a copy efali siggned deeuments, eaniaining at!he
T, the temis ef the gfeement. tile ametmt paid in advanee and whether- such ameant
se.the ter-His thervef-.
by tile eity..
Sec. 11-74. Itinerant merchant business regulations.
(a) The site shall have appropriate sanitary facilities available at the premises upon which temporary business will
be permitted.
(b) The proposed location will not result in unsafe ingress/egress for either pedestrians or vehicles.
(c) The proposed location shall comply with the appropriate Florida Fire Prevention Codes.
(d) The proposed location will direct on-site lighting away from adjacent parcels and roadways.
(e) The city may add other conditions to protect the health,safety and welfare of the residents.
The city shall provide scheduled and unscheduled inspections prior to and/or during the period of the permit
by police,fire,code compliance,building and/or city administration representatives to monitor and ensure
compliance with all applicable city,county and state codes.
Sec. 11-75. Revocation.
Any certificate of registration may be revoked by the city if the holder conducts„o,'r,�,a;;;; _
seliekatieepanhandlim-,or itinerant merchandising activities contrary to any of the provisions of this article; has
made a false statement in the application;has made a misrepresentation or a false statement in the conduct of
business;has been convicted of a felony offense or first degree misdemeanor;conducts pew;ai
�panh milling or itinerant merchandising activities in such a manner as to create a public nuisance,
constitute a breach of the peace or endanger the health,safety or general welfare of the public;or otherwise becomes
disqualified for the issuance of a certificate of registration under the terms of this article. Immediately upon such
revocation,written notice thereof shall be given by the city to the holder of the certificate in person or by registered
United States mail addressed as set forth in the application. Immediately upon the giving of such notice,the
certificate of registration shall become null and void.
Sec, 11-76. Exemptions.
The following,or their authorized agents,are exempt from the provisions of this article;any person:
(1) Delivering newspapers, fuel, dairy products or bakery goods to regular customers on established
routes;
(2) Selling goods at wholesale dealers in such goods;
(3) Who has an established place of business where goods or services being sold are offered for sale on
a regular basis, and where the buyer has initiated contact with and specifically requested a home
visit by such person;
(4) Who has had, or one who represents an organization which has had, a prior transaction similar to
that being solicited with the solicitee;
(5) Who is an officer or employee of the city, county, state or federal government or any subdivision
thereof,when on official business;
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(6) Conducting solicitations from the membership of the represented organization for the sole benefit or
under the auspices of that organization,and
(7) Nonprofit organizations are exempt from paying the fee but shall register, with proof of nonprofit
status
(8) Wholesale dealers conducting business with commercial or industrial businesses within the city.
(9) Panhandling for less than one hour in a single calendar year.
Sec. 11-77. Enforcement.
The provisions of this chapter shall be enforced by the city,code enforcement division,police department and
fire department.
Sec. 11-78.Penalty.
Any person violating the provisions of this article shall,upon conviction,be subject to the penalties in section
1-8 of this Code.Each separate day of violation constitutes a separate offense.
/,*VON
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