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ORDINANCE NO. 2011-0-08
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE IV (PEDDLERS,
SOLICITORS, CANVASSERS AND ITINERANT
MERCHANTS) OF CHAPTER 11 (BUSINESS TAX
RECEIPTS AND BUSINESS REGULATIONS); PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; AND PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On September 27, 2010, Council approved Ordinance #2010 -0 -21 which
amended Article IV (Peddlers, Solicitors, Canvassers and Itinerant Merchant) of Chapter 11
(Business Tax Receipts and Business Regulations) to include regulations for Itinerant Merchants.
2. Amendment of Article IV (Peddlers, Solicitors, Canvassers and Itinerant
Merchant) will now include a separate section related to the application requirements for
itinerant merchants /itinerant vendor doing business within the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND ARTICLE IV (PEDDLERS, SOLICITORS,
CANVASSERS AND ITINERANT MERCHANT) OF
CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS
REGULATIONS) OF THE CODE OF ORDINANCES IN ITS
ENTIRETY FOR THE CITY OF EDGEWATER, FLORIDA.
Chapter 11 (Business Tax Receipts and Business Regulations), Article IV
(Peddlers, Solicitors, Canvassers and Itinerant Merchant) is hereby amended to
read as follows:
ARTICLE IV. PEDDLERS, SOLICITORS, CANVASSERS AND
ITINERANT MERCHANT
Sec. 11 -61. Statement of purpose.
It is the purpose of the city to assist in the accomplishment of the following goals:
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(1) Prevention and/or reduction of crimes;
(2) Protection of the privacy and peaceful enjoyment of the home and business; and
(3) Making available to residents information helpful to determine their response to
solicitors.
Sec. 11-62. Definitions.
As used in this article, the following definitions shall apply:
Canvasser or solicitor. The word "canvasser" or "solicitor" is defined as 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 Gcity or
not, who engages in the 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 Gcity 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 Gcity local business tax
receipt. Person, 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 Gcity approvals. Vendors registered by approved Special
Activity Permits are excluded from this provision.
Peddler, solicitor or canvasser m ans any person who makes uninvited contact, directly or
This includes any person who, without invitation, goes upon private property to request
religious, or other noncommercial purposes.
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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 the 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.
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 of 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.
Sec. 11-63. Registration -- Required.
(a) Except as otherwise provided in section 11 -745, it shall be unlawful for any person 18 years
of age or older to engage in soliciting 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 soliciting 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 solicitation or 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, soliciting under the sponsor's registration. For the purposes of this section,
supervision shall mean that the sponsor has the person soliciting under the sponsor's registration
within view at all times.
(e) For solicitation, the sponsor shall provide to each individual in its sales force a badge or
other easily readable form of identification which identifies the name of the sponsor and the
name of the individual. The sponsor shall require all individuals in its sales force to wear such
identification so that it is clearly visible at all times when the individuals are soliciting.
Sec. 11 -64. Same — Application for Soliticing, Peddling and Canvassing.
(a) Form. Applicants for registration shall complete and return to the city clerk, not fewer than
five working days in advance of the date upon which the applicant wishes to commence
solicitations within the Gcity and fourteen working days in advance for itinerant merchants, 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.
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(2) A physical description of the applicant, setting forth the applicant's date of birth
and any other distinguishing physical characteristics.
(3) The make, model and license number of any vehicles to be used by applicant.
(4) The place where the applicant may be contacted for at least seven days after
leaving the city.
(5) Name, address and telephone number of the person or organization the applicant
represents or is employed by, (if applicable).
(6) Name and title of an officer of such organization who can verify the authority of
the applicant to represent the organization.
(7) The name of three previous cities where applicant (or the organization
represented) conducted similar solicitations or itinerant merchandising sales (if
applicable).
(8) 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.
(9) The applicant shall furnish with the form two photographs of the applicant taken
within 60 days immediately prior to the date of filing of the application, which shall be at
least two inches by two inches, showing the head and shoulder of the applicant in a clear
and distinguishable manner, one of which shall remain on file in the office of the ecity
Gclerk and the other shall be attached to and made part of the permit.
(10) The applicant shall provide a set of fingerprints which shall remain on file with
the city.
(11) A statement as to whether or not the applicant (and /or represented organization, if
applicable), has:
a. Engaged in solicitations : - . •• . . • _ . - 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;
(12) The nature of the solicitations to be conducted and a brief description of any good
or services offered.
(13) The proposed method of delivery of goods or services, if applicable.
(14) The length of time solicitation/business or itinerant merchandising sales is to be
conducted in the city of Edgewater.
(15) A statement that the registration does not represent and will not be used by the
applicant as an endorsement of the solicitor's or itinerant merchants product, service or
cause by the city.
(16) For itinerant merchants, 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 ree-egRizes that he /she will be responsible for any
code violations on the property. Nothing herein alters thc City's ability to cite and lien
the property owner pursuant to thc authority in Chapter 162, Florida Statutes, if the
statement is not provided by thc property owner.
All statements made by the applicant upon the application or in connection therewith,
shall be under oath.
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(b) Additional information. Each applicant shall present to the city clerk 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.
Sec. 11 -65. Same — Application Itinerant Merchant/Itinerant Vendor.
(a) Form. Applicants for registration shall complete and return to the city clerk, not fewer
than fourteen (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 (7) days after
leaving the city;
3) Name, address and telephone number of the person or organization the applicant
represents or is employed by (if applicable);
4) Name and title of an officer of such organization who can verify the authority of
the applicant to represent the organization;
5) The name of three (3)_previous cities where applicant (or the organization
represented) conducted similar itinerant merchandising sales (if applicable);
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 of
Edgewater;
11) A statement that the registration does not represent and will not be used by the
applicant as an endorsement of the itinerant merchants 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 Ecity's ability to cite and
lien the property owner pursuant to the authority in Chapter 162, Florida Statutes,
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.
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(b) Additional information. Each applicant shall present to the city clerk 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.
Sec. 11 -656. Same - -Fee.
At the time the application is submitted a fee shall be paid to the city clerk. 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 -667 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.
Sec. 11 -667. Same -- Review; issuance or denial.
(a) Upon receipt of an application, the city clerk 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 clerk 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.
(c) Absent a cause to refuse registration in accordance with subsection (b), the city clerk
shall grant a registration and issue to the applicant a certificate of registration. Such certificate
shall authorize the holder to conduct business within the city for a three -month period of time.
The city clerk 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 solicitors or itinerant merchants. When a
solicitor changes employers, or his permit is revoked, the permit is automatically void; and he
shall return the void permit to the city clerk.
Sec. 11-678. 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 council by filing a written request with the city
manager within 30 days after the rendition of the decision by the city clerk. The request shall be
placed on the agenda of the next available regular meeting of the city council.
Sec. 11 -689. 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.
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Sec. 11 -6970. Prohibited practices.
It is unlawful for any peddler, solicitor or itinerant merchant 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.
Sec. 11 -701. 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
(6) To impede the free use of sidewalks and streets by pedestrians and vehicles.
Sec. 11 -712. Solicitor Disclosure.
All registered solicitors shall conform to the following requirements:
(1) After the initial greeting and before any other statement is made to a prospective
solicitee, a solicitor shall expressly disclose his or her name, the name of the organization
represented, if any, and identify the nature of the solicitation, i.e. selling
seeking information for , asking for contributions to or for , etc.
(2) If the solicitation is for the purchase of goods or services or for any order for the
later delivery of goods or services, the solicitor shall clearly inform the solicitee of their
right to cancel the transaction at any time within 72 hours if it involves the extension of
credit or is a cash transaction of more than $25.00.
(3) If the solicitation results in an order for the later delivery of goods or services, the
solicitor shall, at the time the order is taken, provide the buyer with a copy of all signed
documents, containing at the minimum: the terms of the agreement, the amount paid in
advance and whether such amount represents full, partial or no advance payment; the
name, address and telephone number of the seller or provider, the delivery or
performance date; and whether a guarantee or warranty is provided, if so, the terms
thereof.
(4) Upon any request to do so, the solicitor shall display for review the certificate of
registration issued by the city.
Sec. 11 -733. Itinerant merchant business regulations.
(1) The site shall have appropriate sanitary facilities available at the premises upon which
temporary business will be permitted.
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(2) The proposed location will not result in unsafe ingress /egress for either pedestrians or
vehicles.
(3) The proposed location shall comply with the appropriate Florida Fire Prevention
Codes.
(4) The proposed location will direct on -site lighting away from adjacent parcels and
roadways.
(5) The Ccity may add other conditions to protect the health, safety and welfare of the
residents.
The Gcity shall provide scheduled and unscheduled inspections prior to and/or during the
period of the permit by police, fire, code compliance, building and /or Gcity administration
representatives to monitor and ensure compliance with all applicable €city, Gcounty and Estate
codes.
Sec. 11 -734. Revocation.
Any certificate of registration may be revoked by the city clerk if the holder conducts
peddling solicitation 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 peddling or solicitation 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 clerk 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 -745. 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;
(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 Gcity.
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Sec. 11 -756. Enforcement.
The provisions of this chapter shall be enforced by the city clerk, code enforcement
division, police department and fire department.
Sec. 11 -767. Reserved.
Sec. 11 -778. 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.
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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
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 relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. ADOPTION.
After Motion to approve by Councilman Cooper and Second by Councilman Ignasiak,
the vote on the first reading of this ordinance held on June 20, 2011 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Ted Cooper X
After Motion to approve bya 1u I rm n 13) c K and Second byCo ne i l lyta. ,, e lx r; the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak 4--
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper 4___
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PASSED AND DULY ADOPTED this 18th day of July, 2011.
ATTEST:
QRM 10 l o ng> D
Bonnie Wenzel
CITY COUNCIL OF TH
�C�ILOFDW
e Tho s
Mayor
�rti�ilY7-�iyc�t t
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 18th day
legality by: Carolyn S. Ansay, Esquire of July, 2011 under Agenda Item No. 8Q..
City Attorney
Doran, Sims, Wolfe, Ansay & Kondid
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