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Show tion, certifying the applicant to be free of ' contagious, infectious, or communicable disease. At the time of filing the application, a fee of L $15 00 shall be paid to the City Recorder to cover -the cost of investigation of the facts stated therein. SECTION 4: Investigation and Issuance, (a) Upon receipt of such application, the original shall ' be referred to the Chief of Police, who shall cause c 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 ap- t plicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse en-dorse on such application his disapproval and his reasons for the same, and return the said application to the City Recorder who shall notify the applicant that his application is disapproved and that no permit per-mit and license will be issued. (c) If as a result of such investigation, the j character and business responsibility of the : appli- ; cant are found to be satisfactory, the Chief of Police j shall endorse on the application his approval, exe- j cute a permit addressed to the applicant for the carrying car-rying on of the business applied for and return said permit, along with the application to the City Recorder, Re-corder, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature signa-ture and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license 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 peddling, soliciting, or canvassing. The Recorder shall keep a permanent record of all licenses issued. SECTION 5: Fees, (a) The license fee which shall be charged by the City Recorder for such li- ORDINANCE NUMBER 85 AN ORDINANCE REFINING, REGULATING REGULAT-ING AND LICENSING PEDDLERS, SOLICITORS SOLICI-TORS AND CANVASSERS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THERE-OF. BE IT ORDAINED BY THE CITY COUNCIL COUN-CIL OF THE CITY OF SPRINGVILLE: SECTION 1. Permit and License Required. It shall be. unlawful for any person to engage in the business of peddler, solicitor or canvasser, as defined in Section 2 of this ordinance within the corporate limits of the City of Springville without first obtaining a permit and license therefor as provided pro-vided herein. SECTION 2: Definitions, (a) The word "per-, son" as used herein shall include the singular and the plural and shall also mean and include any person, per-son, firm, or corporation, association, club, copartnership copart-nership or society, or any other organization. (b) The word "peddler" as used herein shall include any person, whether a resident of the City of Springville or not, traveling by foot, wagon, automotive auto-motive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering of-fering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this ordinance shall be deemed a peddler subject to the provisions or this ordinance. The word "peddler" shall include the words "hawker" "hawk-er" and "huckster." (c) A canvasser or solicitor is defined as an individual, in-dividual, whether resident of the City of Springville Spring-ville or not, traveling either by foot, wagon, automobile, auto-mobile, motor truck, or any other type of conveyance, convey-ance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future fu-ture delivery, or for services to be furnished or performed per-formed in the future, whether or not such individ-. individ-. ual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance ad-vance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, struc-ture, tent, railroad box car, boat, hotel room, lodging lodg-ing house, apartment, shop, or any other place within with-in the City for the sole purpose of exhibiting samples arid taking orders for future delivery. SECTION 3: Application. Applicants for permit per-mit and license under this ordinance must file with the City Recorder a sworn application in writing (in duplicate) on a form to be furnished by the City Recorder which shall give the following information informa-tion : (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 business busi-ness and the goods to be sold and in the case of products of farm or orchard, whether wheth-er produced or grown by the applicant; (d) If employed, the name and address of the employer, together with credentials establishing estab-lishing the exact relationship ; cense shall be the sum of $25.00. (b) No license fee provided for by this ordinance ordin-ance shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, com-merce, he may apply to the Mayor for an adjustment adjust-ment of the fee so that it shall not be discriminator)-, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Mayor may deem necessary ne-cessary in order to determine the extent, if any, of such undue burden on such commerce. The Mayor shall then conduct an investigation, comparing applicant's appli-cant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this ordinance is unfair, unreasonable or discriminatory as to applicant's appli-cant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and non-discriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing a fee to be charged, the Mayor shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform uni-form with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Section 5-(a) of this ordinance. Should the Mayor determine the gross sales measure of the fee to be the fair basis, he may require the applicant ap-plicant to submit, either at the time of termination of applicant's' business in the City of Springville or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of r ,t r .... e; ine lengtn ol time tor 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, pro-duced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. (g) If a vehicle is to be used, a description of the same, together with license number or other means of identification; (h) A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be 3" by 2" showing the head and shoulders of the applicant in a clear and distinguishing manner; (i) The fingerprints of the applicant and the names of at least two reliable property owners of Utah County, Utah, who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of references, such other available avail-able 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; res-ponsibility; (j) A statement as to whether or not the applicant ap-plicant has been convicted of any crime, misdemeanor, or violation of any municipal munici-pal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and (k) A statement by a reputable physician of the City of Springville, dated not more than ten days prior to submission of the applica- iee tneretor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual an-nual license as prescribed in Section 5-(a) of this ordinance. SECTION 6: Bond of Solicitor. Every applicant, appli-cant, not a resident of the City of Springville, or who being a resident of the City of Springville, represents repre-sents a firm whose principal place of business is located lo-cated outside the State, of Utah, shall file with the City Recorder a surety bond, running to the City in the amount of $1,000, with surety acceptable to and approved by the Mayor, conditioned that the said applicant shall comply fully with all the provisions of the ordinance of the City of Springville and the statutes of the State of Utah regulating and concerning concern-ing the business of solicitor and guaranteeing to any citizen of the City of Springville that all money paid as a down payment will be accounted for and applied ap-plied according to the representations of the solicitor solici-tor and further guaranteeing to any citizens of the City of Springville doing business with said solicitor, that the property purchased will be delivered according ac-cording to the representations of said solicitor. Action Ac-tion on such bond may be brought in the name of the City to the use of benefit of the aggrieved person. per-son. &iD r SECTION 7: Transfer. No license issued under un-der the provisions of this ordinance shall be used at any time by any person other than the one to whom it was issued. SETIOrl?: Loud Noises d Speaking Devices. De-vices. No peddler, solicitor or canvasser, nor any person, m his behalf, shall shout, make any cryout, blow a horn, nng a bell or use any sound device, including any loud speaking radio or sound amplifying ampli-fying system upon any of the streets, alleys, parks or other public places of said city or upon any private premises in the said city where sound of sufficient volume is emitted or produced therefrom to be capable cap-able of being plainly heard upon the, streets, avenues, ave-nues, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. SECTION 9: Exhibition of License. Peddlers, Solicitors and canvassers are required to exhibit their licenses at the request of any citizen. 1 SECTION 10: Duty of Police to Enforce. It shall be the duty of any police officer of the City of Springville to require any person seen peddling, soliciting so-liciting or canvassing, and who is not known by such officer to be duly licensed, to produce his peddler's, solicitor's or canvasser's license and to enforce the provisions of this ordinance against any person found to be violating the same. SECTION 11: Records. The Chief of Police shall report to the City Recorder all convictions for violation of this ordinance and the City Recorder shall maintain a record for each license issued and record the reports of violation therein. SECTION 12: Revocation of License, (a) Permits Per-mits and licenses issued under the provisions of this ordinance may be revoked by the Mayor of the City of Springville after notice and hearing, for any of the following causes : ( 1 ) Fraud, misrepresentation, or false statement state-ment contained in the application for license; li-cense; ' . (2) Fraud, misrepresentation, or false statement state-ment made in the course of carrying on his business as peddler, solicitor or canvasser; (3) Any violation of this ordinance; (4) Conviction of any crime or misdemeanor involving moral turpitude; (5) Conducting the business of peddling, soliciting soli-citing or canvassing in an unlawful manner man-ner or in such manner as to constitute as breach of the peace or to constitute a menace men-ace to the health, safety, or general welfare wel-fare of the public, (b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically speci-fically the grounds of complaint and the time and alace of hearing. Such notice shall be served person-illy person-illy on the licensee or mailed, postage prepaid, to he licensee at his last known address at least five '5) days prior to the date set for hearing. SECTION 13: Appeal. Any person aggrieved )y the action of the Chief of Police or the City Reorder Re-order in the denial of a permit or license as pro-'ided pro-'ided in Section 4 of this ordinance, or the action of he Mayor in the assessing of the fee as provided in Ipction 5-(c) of this ordinance, or in the decision ith reference to the revocation of a license as pro-ided pro-ided in Section 12 of this ordinance, shall have the ight of appeal to the Council of the City of Spring-ille. Spring-ille. Such appeal shall be taken by filing with the Council, within fourteen (14) days after notice of he action complained of has been mailed to such arson's last known address, a written statement set-ing set-ing forth fully the grounds for the appeal. The council shall set a time and place for a hearing on uch appeal and notice of such hearing shall be given o the appellant in the same manner as provided in section 12-(b) of this ordinance for notice of hear-ng hear-ng on revocation. The decision and order of' the Council on such appeal shall be final and conclusive. SECTION 14: Expiration of License. All li-enses li-enses issued under the . provisions of this ordinance hall expire on the 31st of December in the year vhen issued. SECTION 15: Penalty. Any person violating .ny of the provisions of this ordinance shall, upon onviction thereof, be punished by a fine not to exceed ex-ceed $299 or by imprisonment not to exceed 6 tionths or both such fine and imprisonment. SECTION 16: Severence Clause. The pro-isions pro-isions of this ordinance are declared to be severable nd if any section, sentence, clause, or phrase of his ordinance shall for any reason be held to be in-alid in-alid or unconstitutional, such decision shall not af-ect af-ect the validity of the remaining sections, sentences, lauses and phrases of this ordinance but they shall emain in effect, it being the legislative intent that his ordinance shall stand notwithstanding the in-alidity in-alidity of any part. SECTION 17: Repeal of Conflicting Ordinan-es. Ordinan-es. All ordinances or parts of ordinances inconsist-nt inconsist-nt with the provisions of this ordinance, be and the ame are hereby repealed. SECTION 18: Finding of Emergency. This 'rdinance is passed as an emergency measure, and he City Council does, by the vote by which this or-linance or-linance is passed, hereby declare that an emergency xists which makes it imperative that this ordinance , ecome effective forthwith in order that the public ealth, welfare and safety might most effectively be 'rovided for. SECTION 19: Effective Date. This ordinance r hall become effective upon its first publication. , -PASSED AND ADOPTED by the City Coun-il Coun-il of Springville, Utah, in regular meeting assemb-. assemb-. this 17th day of December, 1962. Signed, PAUL M. HAYMOND, Mayor. . ;eal T ATTEST: XOYD J. ASHCRAFT, ity Recorder. , Published in the Springville Herald Jan. 3, 1963. |