HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/17/2011 - SECOND READING OF ORDINANCE NO. 060, 2011, REPEALI DATE: May 17, 2011 AGENDA ITEM SUMMARY
STAFF: Ann Turnquist FORT COLLINSCOUNCIL
Second Reading of Ordinance No. 060, 2011, Repealing And Reenacting Division 1, Article IV of Chapter 15 of the
City Code Relating to Door-to-Door Solicitation.
EXECUTIVE SUMMARY
Council approved Ordinance No.060,2011 related to the City's Door-to-Door Solicitation Ordinance on First Reading
on May 3, 2011. In doing so, Council made several amendments to the Ordinance related to the no-solicitation list
and the process used to establish the list and approved it by a 6-1 vote. One of those amendments makes the no-
solicitation list applicable only to commercial solicitation. Council also directed staff to shorten the period of time within
which solicitations may occur.
BACKGROUND I DISCUSSION
On May 3, City Council discussed and approved (6-1) Ordinance No. 060, 2011, Relating to the City's Door-to-Door
Solicitation Ordinance. The amendments approved by Council relate to the"no-solicitation"list referenced in Section
15-109. These amendments will:
(1) make it possible for residents to register their addresses on the no-solicitation list with the City either in
person, by mail or on the City's website;
(2) require the City Manager to provide 60 days notice to the owners or occupants of addresses registered
on the list before deleting those addresses from the list at the end of the two-year registration period;
(3) allow the owner or occupant of any residence that has been registered with the City to remove the
residence from the list at any time; and
(4) make the list applicable to commercial solicitations only.
In addition, the definition of "door-to-door commercial solicitation" has been revised to clarify that a "tax-exempt"
organization means any public entity or any nonprofit organization that is exempt from federal income tax under 26
U.S.C. 501(c)(3).
City Council also asked several additional questions about the proposed Ordinance, including the following:
1. What are the costs for enforcement of the Ordinance—before and after changes?
Police Services notes that in 2010,261 calls for service were received related to violations of the City's current
ban on commercial solicitation. This is a small percentage of the approximately 95,000 police service
incidents reported for 2010. Currently, few of the solicitation calls result in prosecution because of the
transitory nature of the solicitors and the difficulty in identifying and contacting violators. By the time officers
respond to a call, violators have moved out of the area. Police Services staff does not expect a significant
change in the number of complaints or enforcement actions with the proposed ordinance. However, staff
anticipates that the proposed permit system will enable Police Services and the Financial Officer to more
effectively investigate violations by solicitors whose solicitation activities are undertaken pursuant to a permit,
for example, those who have been issued identification badges and violate the ordinance by soliciting at
residences on the no-solicitation list or at impermissible times of day. If the new requirements result in a
significant change in calls for service, the staff will provide that information.
2. Does the Ordinance allow for the use of e-mail as a method to notify residents of their
registration expiration on the "No Solicitation" list?
May 17, 2011 -2- ITEM 23
The Ordinance presented on Second Reading was clarified to allow residents who sign up on-line to receive
notification of the registration expiration via e-mail. The wording of Section 15-109(d) has been changed to
clarify that the notice advising a property owner or occupant of the removal of his or her address from the no-
solicitation list may be sent either to the registered address or to such other address as may have been
provided to the City at the time of registration, regardless of whether that is a physical address or an e-mail
address.
3. Council and residents expressed concern about the hours during which permitted solicitors
would be allowed to conduct business-8:00 a.m.to one-half hour aftersunset was perceived
to be too long.
The Ordinance presented on Second Reading has been amended to limit the hours of permitted solicitation
to the period of time between 9:00 a.m. and sunset (see Section 15-118).
FINANCIAL / ECONOMIC IMPACTS
Companies seeking a permit for door-to-door solicitation would be charged a fee aimed at covering the City's costs
for issuing the permit and producing the identification badge required of each individual solicitor. Solicitors will also
be required to obtain and maintain a valid sales tax license and remit appropriate sales tax to the City.
The ability of businesses to solicit customers through door-to-door sales may provide some economic benefit to the
community, but staff does not project a significant impact on City revenues.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading, as amended.
PUBLIC OUTREACH
On February 11, 2011, staff issued a press release and began providing information to the community about the
proposed change in the City's Door-to-Door Solicitation Ordinance. This limited level of outreach was intended to
inform residents of the proposed change and notify them of the proposed date for Council's consideration of the
Ordinance. Residents were not specifically asked for formal feedback on the proposal because of the circumstances
of the pending lawsuit in Federal Court.
In 2009, when City Council previously discussed changes to this Ordinance, staff conducted a significant outreach
effort including an opportunity for community feedback. Residents responded overwhelmingly that they preferred to
maintain the total ban on door-to-door solicitation. Staff believes that those sentiments have not changed since 2009.
Since First Reading on May 3, 2011, staff has received approximately 20 a-mails and phone call comments from
residents who object to the changes in the Ordinance.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - May 3, 2011
(w/o attachments)
2. Power Point presentation
ATTACHMENT
DATE: May 3, 2011
.STAFF: Ann Turnquist WAS19111
---DID
First Reading of Ordinance No. 060, 2011, Repealing And Reenacting Division 1, Article IV of Chapter 15 of the City
Code Relating To Door-To-Door Solicitation.
EXECUTIVE SUMMARY �� r____� V_\ ,.,
The City of Fort Collins currently has an ordinance prohibiting=door-to-door residential solicitation by commercial
businesses, often referred to as a"Green Ri er Ordinance" jThe proposed ordinance would replace the current total
ban on commercial door-to-door residential•s6licitati6-n with a City-issued permit system licensing and regulating such
solicitation. As is currently the case, all door-to-door solicitation, whether commercial or non-commercial, would be
prohibited underthe proposed ordinance by a"No Trespassing"or a"No Solicitation"sign posted at a public or private
premises. Additionally,the proposed ordinance would allow for an alternative option for residents who wish to prevent
solicitors from soliciting at their residence, which would be to register their address on a City-maintained "No
Solicitation" List.
BACKGROUND / DISCUSSION /7
Since 1938, the City of Fort Collins h�� /'' \' I I //as had a 'tGreen River Ordinance" prohibits door-to-door residential
solicitation by commercial businesses. This OrdinanceJhas been effective in eliminating unwanted solicitors from
approaching individual residences with,t\�al of,pprote tinges he privacy and safety interests of City residents.
The current Ordinance prohibits all door-to-door solicitation, whether commercial or non-commercial, on both public
and private property when there is a"No Trespassing"or a"No Solicitation"sign posted on the premises. It prohibits
door-to-door commercial solicitation at residential premises whether or not a sign is posted on the premises with the
exception of charitable, religious or political solicitations or the solicitation of newspapers or magazines.i
The City's total ban on commercial door-to-door solicitation at residential premises is currently being challenged in
federal district court. Because of the uncertainty and expense of litigation, staff is asking City Council to consider
changes to the ordinance that would bring the City's regulations more in line with the approach that many other
Colorado cities have taken. /�'. , , ���\ ���� /7
// 'u �/ �\ I I 1 f/There is a related provision under Section 17 42 off Code which prohibitsIthe posting of notices and handbills on
public property without permission and privates property if a 'No Trespassing, No Soliciting,"or 'No Posting" sign is
present, access has been restricted byQhie owne&r_the%w'er has givenL6otice that the posting is prohibited. This
provision will remain in the Code.
Current Proposal
The current solicitation ordinance would be repealed and replaced with the proposed ordinance. The proposed
ordinance is referred to as the Fort Collins Door-To-Door Solicitation Ordinance. It would replace the current total ban
on commercial door-to-door residential solicitation with a permit system regulating such solicitation. 'Residential
commercial solicitors would be required to wear a City-issued photo identification badge, complete a criminal history
background check, and would be prohibited from soliciting in the City if the background check indicates a felony or
class one misdemeanor conviction. The-hours of solicitation would•be limited to-between 8.00 a.m. and one half hour
after sunset. �� ( (�l \inanc6
�Non-commercial solicitations are not regulated under the current ord and would remain unregulated under the
proposed ordinance. By law, non-cornmercial s`&citationslinclude things1such as religious and political contacts,
fundraisers for schools and other tax-exempt organizations,and the sale of newspaper and magazine subscriptions.
May 3, 2011 -2- ITEM 25
As is currently the case, all door-to-door solicitation,whether commercial or non-commercial,would be prohibited by
a "No Trespassing"or a"No Solicitation" sign posted at a particular residence.
Staff also proposes to develop a"No Solicitation"list to be maintained on the City's web site. Residents would be able
to prohibit door-to-door solicitation at their property by registering their address with the City. Residents would
complete a form on the City's website requesting that their addresses appear on the"No Solicitation"list which will be
provided to permitted solicitors. Solicitors would be required to check the "No Solicitation" list and ensure that they
do not solicit at any of the addresses active on the list. Solicitation at a residence that has been on the list for 30 days
or more would constitute a Code violation. Every two years, each address would be required to renew the request in
order to remain on the "No Solicitation" list.
FINANCIAL/ ECONOMIC IMPAC' ' TS n' F[D
Companies seeking a permit for door-to_door solicitation would be charged a fee aimed at covering the City's costs
for issuing the permit and producing the identification badge required of each individual solicitor. Solicitors will also
be required to obtain and maintain a valid sales tax license and remit appropriate sales tax to the City.
The ability of businesses to solicit customers though door-to-door sales may provide some economic benefit to the
community, but staff does not project a significant impact on City revenues.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance a on First in '
L%
PUBLIC OUTREACH
On February 11, 2011, staff issued a press release and began providing information to the community about the
proposed change in the City's door-to-door solicitation ordinance. This limited level of outreach was intended to inform
residents of the proposed change and notify them of the proposed date for Council's consideration of the Ordinance.
Residents were not specifically asked for formal feedback on the proposal because of the circumstances of the
pending lawsuit.
In 2009, when City Council previously discussed changes to this Ordinance, staff conducted a significant outreach
effort including an opportunity for community,feedbaReside to s responded7overwhelmingly that they preferred to
maintain the total ban on door-to-door".solicitation. Staff believvesthat thosee seentiments have not changed since 2009.
U LJ LJ
ATTACHMENTS
1. Powerpoint presentation
COP
ATTACHMENT 2
Door —to-Door Solicitation Ordinance
Second Reading
May 17, 2011
♦` 6
Proposed Ordinance Modifications
• Regulates commercial door-to-door solicitation
— Requires permit from City
— Requires Solicitor Badge
— Provides background checks for individual
solicitors
— Limits hours
�At(
1
Proposed Ordinance Modifications
• Exemptions continue—Political, religious, non-
profit organizations and newspapers/ magazines
�f
• Posting of "No Solicitation" sign
still prohibits all solicitors at
residence
• Residents may also register for
"No Solicitation" list to prohibit 1 F3
commercial solicitation
�J
MEMO4
. e rf'ft' d
Amendments May 3
• Register for no-solicitation list in person, by mail
or on the City's website;
• Registrants on list notified 60 days before
expiration of registration;
• Registered on list can be removed by resident at
any time; and
• List applicable to commercial solicitations only.
n
F H
2
Additional Amendments on 2"d Reading
• Hours of permitted solicitation
— Was 8:00 a.m. to '/2 Hour after sunset
— Now 9:00 a.m. to sunset
• Email permitted method of City notifying residents
of registry expiration
f
t }
X
3
ORDINANCE NO . 060 , 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING DIVISION 1 , ARTICLE IV OF CHAPTER 15
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO DOOR-TO-DOOR SOLICITATION
WHEREAS , in 1938 , the City Council adopted Ordinance No . 002, 1938 , prohibiting
solicitors from going in or upon private residences, public buildings and offices in the City, and
declaring such practice to be a nuisance; and
WHEREAS , in 1972, the City Council adopted the City' s "Green River" Ordinance , which
is presently contained in Chapter 15 , Article IV, Division 1, of the City Code; and
WHEREAS , in 1994 , the City Council repealed Article IV, Division 1 of the City Code,
Sections 15 - 106 through 15 - 108 , and reenacted those sections , with revised language that was
intended to better protect the privacy and safety interests of the citizens of the City; and
WHEREAS , in 2002 , the City Council further amended Section 15 - 106 of the City Code and
modified the prohibition of door-to-door solicitation so that it applied only to residential premises;
and
WHEREAS , City staff has recommended that these provisions of the City Code be further
revised to ensure that they are consistent with evolving First Amendment jurisprudence, while
continuing to protect residents from fraud and crime and to preserve residents ' privacy in their
homes ; and
WHEREAS , the effect of the amendments recommended by City staff would be to replace
the current total ban on commercial door-to-door residential solicitation with a permit system
regulating such solicitation, and to continue to allow non-commercial residential solicitation without
a permit except that both commercial and non-commercial solicitation would be prohibited at
residences where a sign prohibiting the same is posted and that commercial solicitation would be
prohibited at residences that are shown on a no-solicitation list maintained by the City on its
website; and
WHEREAS , the City Council believes that it would be in the best interests of the City to
approve the changes to the City Code that have been recommended by the staff.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Sections 15- 106 through 15 - 108 of Article IV, Division 1 of the Code
of the City of Fort Collins are hereby repealed and the following sections reenacted to read as
follows :
ARTICLE IV.
AUCTIONS, SPECIAL SALES AND
SOLICITATIONS
DIVISION 1 , DOOR-TO-DOOR SOLICITATION
Sec. 15-106. Title ; purpose.
(a) This Division shall be known and cited as the "Fort Collins Door-to-Door
Solicitation Ordinance ."
(b) The provisions of this Division are intended to balance the First
Amendment rights of residential solicitors in the City with the privacy, safety, health
and welfare of the City residents by :
( 1 ) requiring all commercial solicitors to conduct any door-to-door residential
solicitation within the City pursuant to a permit and identification badge
issued by the City;
(2) reasonably limiting the hours of door-to-door solicitation activities ; and
(3 ) prohibiting solicitations at residences where the owner or occupant has
prohibited solicitation in a manner consistent with the provisions of this
Division.
Sec. 15-107. Definitions.
The following words, terms and phrases, when used in this Division, shall have
the meanings ascribed to them in this Section:
Applicant shall mean any person or entity who has submitted an application for
a permit.
Commercial solicitor shall mean any person, whether as volunteer, owner, agent,
consignee or employee, who engages in door-to-door commercial solicitation.
Door-to-door commercial solicitation shall mean attempting to make personal
contact with a resident at his or her residence, without prior specific invitation by or
appointment with the resident, for the primary purpose of:
( 1 ) attempting to sell, for present or future delivery, any goods, wares or
merchandise, other than newspaper or magazine subscriptions, or any
services to be performed immediately or in the future, whether or not the
person has, carries or exposes a sample of such goods, wares or
merchandise, and whether or not he or she is collecting advance payments
for such sales; or
-2-
(2) personally delivering to the resident a handbill or flyer advertising a
commercial event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a future time.
Door-to-door noncommercial solicitation shall mean attempting to make
personal contact with a resident at his or her residence, without prior specific
invitation by or appointment with the resident, for the primary purpose of:
( 1 ) seeking or asking for a gift or donation for a public entity or tax- rpt
nonprofit organization exempt from federal income tax under 26 U. S . C .
501 (c)(3 ) ;
(2) soliciting the sale of goods, wares or merchandise for present or future
delivery, or the sale of services to be performed immediately or in the
future, with the entire proceeds of such sale to be paid directly to, or used
exclusively for the benefit of, a public entity or tam-exempt nonprofit
organization exempt from federal income tax under 26 U. S . C . 501 (c)(3 );
(3 ) personally delivering to the resident a handbill or flyer advertising a future,
not-for-profit event, activity, good or service;
(4) proselytizing on behalf of a religious organization ;
(5 ) soliciting support for a political candidate or organization, or ballot
measure or ideology; or
(6) soliciting the sale of newspaper or magazine subscriptions .
Employer shall mean any person, company, corporation, business, partnership,
organization, or any other entity on behalf of whom a person is acting.
Noncommercial solicitor shall mean any person, whether as volunteer, owner,
agent, consignee or employee, who engages in door-to-door non-commercial
solicitation.
No-solicitation list shall mean a list of the addresses of City residents who have
requested that their residences be placed on a list maintained and published by the
City for the purpose of informing the general public and prospective solicitors that
all door-to-door solicitation at such addresses are prohibited.
Permit shall mean a document issued by the Financial Officer authorizing a
commercial solicitor to engage in door-to-door commercial solicitation.
Permit holder shall mean any person to whom a permit has been issued under the
provisions of this Division.
-3 -
Person shall mean a natural person or business entity, such as, without limitation,
a corporation, association, firm, joint venture, estate, trust, business trust, syndicate,
fiduciary, partnership or any group or combination thereof.
Public Entity shall mean the state, county, city and county, municipality, school
district, special improvement district, and every other kind of district, agency,
instrumentality, or political subdivision thereof organized pursuant to law and any
separate entity created by intergovernmental contract or cooperation only between
or among the state, county, city and county, municipality, school district, special
improvement district, and every other kind of district, agency, instrumentality, or
political subdivision thereof.
Residence shall mean a private residence in the City, including but not limited
to condominium units and apartments, including the yards, grounds or hallways
thereof.
Sec. 15-108. All solicitation prohibited by posting of "No Solicitation " or "No
Trespassing " sign.
(a) No solicitor, whether commercial or non-commercial, shall enter or remain
upon any public or private premises in the City if a "No Solicitation" or "No
Trespassing" sign is posted at or near the entrance(s) to such premises ; or
(b) This provision shall apply to all solicitation including, without limitation,
all activities that are religious, charitable or political in nature and all solicitation of
newspaper or magazine subscriptions .
Sec. 15- 109. No-solicitation list for commercial solicitations.
(a) Any owner or lawful occupant of any residence within the City who wishes
to prohibit door-to-door commercial solicitation at his or her residence may register
the address of such residence with the City by completing a form prepared by the
Financial Officer, which form may be submitted to the city either in person, by mail,
or on the City ' s website. Such registration shall take effect thirty (30) calendar days
after the date of the City' s receipt of the registration form.
(b) The City Manager shall maintain and publish on the City ' s website a no-
solicitation list consisting of all residential addresses that have been registered on the
eity , swebs under Subsection (a) above and that have not been deleted by the City
under Subsection (d) below or by the owner or lawful occupant of the registered
property. Each permit holder shall be responsible for obtaining and reviewing a copy
of such list immediately upon issuance of a permit under this Article and at such
intervals thereafter as may be reasonably necessary to ensure compliance with the
requirements of Subsection (c) of this Section.
-4-
(c) As of the effective date of the registration of a residential address under
subparagraph (a) of this Section, all door-to-door commercial solicitation at such
address shall be prohibited until such time, if at all, that the address has been deleted
from the no-solicitation list.
(d) Each residential address appearing on the City ' s no-solicitation list will
remain on the list for two years from the date it was submitted to the City, at which
time it shall be deleted from the list unless a new form requesting no solicitation at
such residence has been submitted by the owner or lawful occupant thereof. No less
than sixty (60) calendar days prior to the deletion of any address from the no-
solicitation list, the City Manager shall provide written notice to the property owner
or occupant who registered the address with the City, which notice shall be sent to
strchthe registered address or to such other mailing address as may have been
provided to the City at the time of registration.
(e) Prior to the expiration of the two (2) year period referenced in Subsection
(d) above, the owner or lawful occupant of any residence appearing on the no-
solicitation list may cause such residence to be removed from the list by submitting
a written request for removal of the same to the Financial Officer.
(f) Neither the City nor any of its officers, employees, agents or authorized
volunteers shall be liable to any person for any injuries, damages or liabilities of any
kind arising from or relating to any errors or omissions that may occur in compiling
or maintaining the no-solicitation list.
Sec. 15-110. Permit and identification badge required for all commercial
solicitors.
(a) Any person seeking to engage in commercial door-to-door solicitation must
obtain a permit from the Financial Officer and pay the permit fee as provided in this
Division before commencing any such solicitation.
(b) All permits shall be issued in the name of the applicant. Upon issuance of
each permit, the Financial Officer shall create and maintain a list of all persons
authorized to engage in door-to-door commercial solicitation under the permit. It
shall be the sole responsibility of the permit holder to :
( 1 ) provide a copy of the permit to each person authorized to engage in
solicitation under the permit;
(2) ensure that each person authorized to solicit under the permit complies with
the terms and conditions of the permit and with the provisions of this
Division;
(3 ) notify the Financial Officer in writing of any persons to be added to or
deleted from the list of authorized solicitors ; and
-5 -
(4) submit to the Financial Officer, for each person to be added to such list, the
information required under § 15 - 110(a)(4), together with payment of the
identification badge fee required under § 15 - 110(b) .
(c) The Financial Officer shall, within ten ( 10) business days of the City ' s
receipt, via mail or in person, of a complete application for a permit under this
Division, issue such permit, together with identification badges for all persons
authorized to engage in door-to-door commercial solicitation under the permit,
unless the Financial Officer determines that the permit application is denied under
the criteria stated in § 15 - 113 .
(d) Subsequent to the issuance of any permit, and upon receipt of the
information and fee required under Paragraph (4) above, the Financial Officer shall,
within five (5) business days, issue an identification badge to any new or additional
person to be authorized to solicit under the permit as long as such person is not
prohibited under § 15 - 113 . The Financial Officer shall also, within five (5) business
days, issue a replacement identification badge to any solicitor who, by affidavit,
notifies the Financial Officer that his or her identification badge has been lost or
stolen, and who pays an additional identification badge fee as established under § 15 -
110(c) .
(e) If an employer applies for and is granted a permit under this Division, the
employer shall be entitled to obtain identification badges from the Financial Officer
for each employee or agent authorized to solicit under the permit. The identification
badges shall contain a photograph of the solicitor, bear the words "Permitted
Solicitor," include the names of the employer and solicitor, and the expiration date
of the permit.
Sec. 15-111 . Application contents ; fees.
(a) Each person applying for a door-to-door commercial solicitation permit
shall file with the Financial Officer an affidavit on a form supplied by the Financial
Officer stating :
( 1 ) the full name, business address , and business telephone number of the
applicant;
(2) information regarding the business as required by the Financial Officer,
including, without limitation, its legal status, and proof of registration with,
or a certificate of good standing from, the Colorado Secretary of State ;
(3 ) a complete list of all persons to be authorized to solicit under the permit;
(4) for each person authorized to solicit under a permit, the following
information:
-6-
a. name, address, telephone number and date of birth;
b . a current copy of the person ' s criminal background check, as
maintained by the Colorado Bureau of Investigation, dated no more
than sixty (60) days prior to the date of the application;
c , a description of the individual, including height, weight, color of eyes
and color of hair; and
d. the number and state of issuance of the individual's motor vehicle
operator's license or chauffeur's license, if any, or other state-issued
photo identification;
(5) a brief explanation of the nature of the solicitation activity that requires a
permit under this Division;
(6) if the applicant is a foreign corporation or an employee of such corporation,
the name, address and telephone number of an agent for process residing
in the state;
(7) proof that the applicant has obtained a valid City of Fort Collins sales and
use tax license;
(8) proof that the applicant has deposited the sales tax deposit or has received
a valid waiver of such sales tax deposit; and
(9) any other information determined to be relevant by the Financial Officer.
(b) At the time of application, the applicant shall also submit a photograph of
each person to be authorized to solicit under the permit, taken no more than six (6)
months prior to the date of application, which photograph fairly depicts the
appearance of the proposed solicitor as of the date of application and which, in the
judgment of the Financial Officer, is suitable for reproduction on the identification
badge to be issued by the City.
(c) At the time of application, each applicant shall pay a fee in an amount
determined by the Financial Officer to be sufficient to defray the costs incurred by
the City in processing the application, plus an additional fee to defray the costs of
preparing and issuing an identification badge for each person to be authorized to
solicit under the permit, including the applicant. Said fees shall be nonrefundable .
Sec. 15-112. Duration of permit; renewal.
(a) Each permit shall be valid for two (2) years , effective from the date of
issuance.
-7-
(b) Any permittee wishing to renew a permit issued under this Division must
apply for the renewal of the permit no less than thirty (30) days prior to the
expiration of its term. Said application shall be accompanied by a criminal
background check as required under § 15 - 110(a)(4)b for each person who is to be
authorized to solicit under the permit during the renewal term of the permit. If a
permittee fails to apply for such renewal within said thirty (30) day period of time,
the permit will expire . The renewal fee for each permittee shall be determined by the
Financial Officer in an amount sufficient to defray the costs incurred by the City in
processing the renewal application. Said fee shall be nonrefundable.
Sec. 15-113 Sales tax deposit.
(a) If at the time of filing the application, the applicant has not maintained a
City sales tax license for at least the previous twenty-four (24) months, the applicant
shall deposit with the Financial Officer a sales tax deposit in the sum of two hundred
fifty ($250 .) . The Financial Officer may waive the sales tax deposit upon a showing
that the applicant has maintained a City sales tax license for at least the previous
twenty-four (24) months and has a record of promptly paying any sales tax due.
(b) Upon issuance of the solicitation permit and subsequent verification by the
City that the permittee has paid the sales tax due the City, the balance of the deposit
required under Subsection (a) of this Section, if any, shall be returned to the
permittee. If the permittee fails to pay the City's sales tax and does not seek return
of the sales tax deposit within ninety (90) days from the expiration of the permit, the
City Manager may declare the deposit forfeited and notify the permittee thereof at
the address shown on the permit. Forfeiture of the sales tax deposit, however, shall
not release the permittee from the obligation to remit the correct amount of sales tax
due .
Sec. 15-114. Persons prohibited.
A person shall not be eligible for issuance of a permit or identification badge
under this Division if:
( 1 ) such person has been convicted of a felony or Class 1 misdemeanor under
the laws of the State of Colorado or an equivalent offense under any
federal, state, county or municipal law; or
(2) a permit or an identification badge previously issued to such person by the
Financial Officer under § 15 - 110 has been revoked by the Financial Officer
under § § 15 - 120 or 15 - 121 .
-8-
Sec. 15-115. Denial of Permit.
The Financial Officer shall deny an application for a permit, or any renewal of
a permit under this Division if the Financial Officer determines that the applicant
has :
( 1 ) made any material misrepresentation or false statement in the application
for the permit; or
(2) failed to obtain a sales and use tax license as required by the City or to
remit any sales tax due the City; or
(3 ) been convicted of a felony or Class 1 misdemeanor under the laws of the
State of Colorado or an equivalent offense under any federal, state, county
or municipal law.
Sec. 15-116. False or deceptive representation prohibited.
No person shall attempt to obtain, by telephone or otherwise, an invitation to visit
any private residence for the purpose of soliciting the purchase or sale of goods,
services or any other thing of value, by knowingly making a false or deceptive
representation or statement.
Sec. 15-117. Duty to display identification badge and to exhibit permit.
(a) Any commercial solicitor engaging in door-to-door commercial solicitation
under a permit issued pursuant to this Division shall conspicuously display his or her
identification badge .
(b) Whenever requested by any police officer or by any customer or
prospective customer, any commercial solicitor engaged in door-to-door commercial
solicitation under a permit issued pursuant to this Division shall exhibit his or her
identification badge and permit.
Sec. 15- 118. Permissible times.
All door-to-door commercial solicitation and all door-to-door noncommercial
solicitation shall be undertaken and completed between the hours of 8 00 9 : 00 a.m.
and - sunset as announced and published by the National
Weather Service daily.
Sec. 15-119. Transfer of permits prohibited.
No permit issued pursuant to this Division shall be transferred to any person.
-9-
Sec. 15- 120. Revocation of identification badge.
The Financial Officer may suspend or revoke the identification badge of any
solicitor that has engaged in any unlawful solicitation or any solicitation conducted
in such a manner as to constitute a menace to the health, safety or general welfare of
the public.
Sec. 15-121 . Nonrenewal or revocation of permit.
The Financial Officer shall revoke and shall not renew any permit issued
pursuant to this Division if the Financial Officer determines that any of the following
have occurred:
( 1 ) fraud, misrepresentation or false statement in the application for the permit
or any renewal application, including, without limitation, representations
made as to the criminal history of any person to be authorized to solicit
under the permit;
(2) failure to obtain a sales and use tax license as required by the City or to
remit any sales tax due the City;
(3 ) failure to supervise solicitation conducted under the permit so as to
reasonably ensure that such solicitation is in compliance with the terms of
the permit and with the provisions of this Division; or
(4) authorizing, condoning or knowingly tolerating any unlawful solicitation
or any solicitation conducted in such a manner as to constitute a menace to
the health, safety, or general welfare of the public.
Sec. 15- 122. Records.
The Financial Officer shall maintain records showing each permit issued and the
alleged violations of this Division.
Sec. 15-123 . Appeal.
An applicant may appeal any decision relating to his or her permit by the
Financial Officer or hearing officer to the City Manager in accordance with Chapter
2 , Article VI of the City Code . The City Manager's decision shall be final.
Sec. 15-124. Administrative Regulations.
The Financial Officer is authorized to promulgate rules and regulations as are
necessary to effectuate the implementation, administration and enforcement of this
Division.
- 10-
Sec. 15-125. Violations and penalties.
In addition to the revocation, suspension or denial of a permit or identification
badge issued under this Division, any applicant, permittee or solicitor who violates
any of the provisions of this Division, and any person who violates § § 15 - 108 , 15 -
1099 15 - 115 or 15 - 117, shall be guilty of a misdemeanor punishable in accordance
with § 1 - 15 .
Secs. 15-126 - 15-128. Reserved.
Section 2 . That Sections 15 - 121 through 15 - 123 shall be renumbered as Sections 15- 129
through 15 - 131 respectively.
Introduced, considered favorably on first reading, and ordered published this 3rd day of May,
A.D . 2011 , and to be presented for final passage on the 17th day of May, A.D . 2011 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 17th day of May, A.D . 2011 .
Mayor
ATTEST :
City Clerk
- 11 -