§ 8-21. Application for permit and identification badge.

(a)

Every person subject to the provisions of the article shall file with the City Secretary an application in writing on a form to be furnished by the City, which shall provide the following information:

(1)

Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, articles of creation or incorporation as applicable, or other legally recognized form of identification;

(2)

A brief description of the business or activity to be conducted;

(3)

The hours and location for which the right to solicit is desired;

(4)

If soliciting pursuant to employment, the name, address and telephone number of the employer; or, if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and authority of the employee or agent to act for the employer or principal, as the case may be;

(5)

A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details thereof;

(6)

Proof of possession of any license or permit which, under federal, State, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the permitting requirements of this article; and

(7)

Two photographs of the applicant, which show the head and shoulders of the applicant in a manner which permits a clear identification of the applicant, and which shall have been taken within 60 days immediately prior to the date of filing of the application.

(b)

At the time the application is filed with the City Secretary the applicant shall pay a fee in an amount as established by the City Council from time to time to cover the cost to the City of processing the application and investigating the facts stated therein.

(c)

The City Secretary shall review the application for compliance with this article. If the City Secretary finds the application to be satisfactory, he shall endorse his approval on the application and shall deliver the required permit to the applicant.

(d)

Upon the City Secretary's review of the application, the City Secretary may refuse to issue a permit to the applicant under this article for any of the following reasons:

(1)

The location and time of the solicitation would fall outside of the times or locations permitted for solicitation by this article;

(2)

An investigation reveals that the applicant falsified information on the application;

(3)

The applicant has been convicted of a felony involving trafficking in controlled substances, theft, burglary, robbery, or any violent acts against persons or property, or any crime against the elderly, such conviction being entered within the ten years preceding the date of application or any time thereafter;

(4)

The applicant is a person against whom a judgment based upon, or a conviction involving, fraud, deceit or misrepresentation, conversion or theft, or any crime against the elderly, has been entered within the five years immediately preceding the date of application or any time thereafter;

(5)

There is no proof as to the authority of the applicant to serve as an agent of the principal;

(6)

The applicant has been denied a permit under this article within the immediate past 12 months, unless the applicant can and does show to the satisfaction of the City Secretary that the reasons for such earlier denial no longer exist; or

(7)

The applicant has been convicted of a felony sex offense at any time.

(e)

The City Secretary's denial and the reasons for denial shall be noted on the application, and the applicant shall be notified that his application has been denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address.

(f)

At the same time the permit is issued, the City Secretary shall issue to each permittee a badge, which shall be worn by the permittee in such a way as to be conspicuous at all times while the permittee is soliciting in the City.

(g)

A solicitor who is exempt from the permitting and identification badge requirements of this article may request the issuance of an identification badge from the City for the purpose of demonstrating to City residents the solicitor's compliance with this article; provided, however, that any person desiring the issuance of such a badge shall make an application in accordance with this section. The City Secretary shall grant or deny the issuance of such a badge on the same basis as for an applicant required to apply under this article.

(Ord. No. 100-94-04, § 3, 8-17-2004; Ord. No. 100-02-11, § I, 5-17-2011; Ord. No. 300-07-12, § I(2), 9-24-2012)