HomeMy WebLinkAboutORDINANCE NO. 9058I
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oRDIr1ArICE rTo. 9058
An Ordinance defining, regulating and licensing solicitors within the City of
Eugene; requiring a bond in lieu of investigation of qualifications, providing a
penalty for the violation i~.ereof; repealing certain Ordinances or parts of Ordinances,
and excepting certain persons from the effect hereof.
THE CITY OF E UGEAIE DOES ORDAII~i AS POLLO~~VS :
Section 1. Definition. A Solicitor within the meaning of this ordinance is
defined to be any person who goes from house to house, or place to place, in the Ci-Ly
of Eugene, selling or takint orders for or offoring to sell or take orders for, goods,
wares, or merchandise, for present or future delivery, or for the making, manufacturing,
or repairing of any article or thing whatsoever, for present or future delivery, except
those selling to merchants for resale.
Section 2. License. It shall be unlav~rful for any person to act as solicstor tivithin
the meaning and application of this ordinance unless he or his employer shall have first
secured a license therefor in the manner provided by this ord~xiance.
Section 3. Tees. The license fees for solicitors heretmder shall be as follovrs:
~~5.00 per annum for each fiscal year or fraction thereof, payable in advance, for.ea.ch
firm employing solicitors as defined in Section 1. The City Recorder may waive the
payment of the license foe for any applicant trrho is an honorably discharged disabled
I soldier, sailor or marine of the military or naval service of the United States, rho is
a resident of this state and suffers not less than forty per cent disability, upon
presentation of such applicant's certificate of honorable discharge from such service
and such disability, and for any applicant who is a blind person and resident of the
State of Oregon.
Section L4.. Application. Any person or firm desiring to secure a solicitor's
license shall apply therefor in tivf•iting over his or her signature to the City Recorder
on forms provided by the City, and such application shall state as to each solicitor (1)
the name and address of each solicitor, (2) the name and address of the parson, firm or
corporation by whom employed (3) the lenbt;i of service of each such solicitor with such
~ employer, (1.4.) the place of residence and nature of the employment of-each solicitor
during the ;ast presenting year, (5~1the nature or character of the goods, ~rrares,
merchandise or services to be offered by each solicitor, {6) the personal description of
each solicitor. Such application shall be accompanied by such credentials and other
evidence of the good moral character and identity of each solicitor as may be reasonably
required by the City Recorder.
Section 5. Issuance of License, If the Chief of Police shall determine after
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j thirty days investigation that the facts set forth in the application are true, such
solicitor is of good moral character, and that he proposes to engage in a lavrful and
legitimate commercial or professional enterprise, he shall then approve the application,
and the City ltranager may issue the license applied for. Such license shall expire on
June 30th in the fiscal year in which such license shall have been issued. Except as
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hereinafter provided no license shall be issued until the conclusion of thirty dayst
investigation.
Section 6. Carry License. Such license shall be carried at all times by each
solicitor for whom issued, when soliciting or canvassing in the City, and shall be
exhibited by any such solicitor wherever he or she shall be requested to do so by any
police officer or any person solicited.
Section 7. Revocation. Any such license may be revoked by the City Manager for
the violation or any violation by the employer or solicitor of any of the ordinances
of the City or of any state or federal law, or tivhenever such solicitor shall in the
judgment of the City lt4anager cease to possess the character and qualifications required
by this ordinance for the issuance of such permit.
Section 8. Bond. If any applicant for a license, including solicitor or his
employer, shall be unwilling to receive a license only upon the conclusion of a thirty-
day period of investigation as pravided in Section 5 hereof, a;.Zd if he desires the
issuance of a license by the City T:tanager on application, he may deposit with the City
Recorder of tiie City of Eugene a cash or surety bond in the sure of ?1,000.00,
conditioned upon the making of final delivery of the goods ordered or services to be
perforined, in accordance with the terms of such order, or, failing therein, •that the
advanced payment on such order be refunded, and thereupon such license or licenses may
immediately issue. Any person aggrieved by the action of any such solicitor shall have
a right of action on the bond for the recovery of money or damages or both. Such bond
shall remain on deposit for a period of ninety days after the expiration of such license
unless sooner released by the pity Manager, of the City of Eugene.
Section 9. Orders. All orders taken by licensed solicitors shall be in writing
in duplicate, stating the name as it appears on the license, and address, of both the
solicitor and his employer, the terms thereof, and the amount paid in advance, and one
copy shall be given the purchaser.
Section 10. Penalty. Any person, firm arcorporation violating the terms of this
ordinance shall, upon convicition, be fined in any sum not less than w10.00 nor more
than a~ 200.00 for each offense. Every day upon which such violation shall occur or
upon which such violation shall continue shall constitu~se a separate offense.
Section 11. Repealed Ordinances. That Ordinance No. l~L~.G~., passed by the Common
Council on the 27th day of October, 192L~, and approved by the ~.`i~ayor on the 27th day of
October, 1921.x., and entitled: "An Ordinance, to license, tax and regulate peddling
goods, wares and merchandise, the selling of the same by sample, defining what shall
constitute the same and repealing all ordinances in conflict with this ordinance", and
all ordinances or parts of ordinances, in conflict herev~rith, be and the same are hereby
repealed.
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Section 12. Exception. This ordinance shall not apply to the peddlers of, or
taking orders for the sale of any fruits, vegetables, berries, butter, eggs, milk,
poultry, meats or farm products raised, or produced, by such pedd~.er or solicitor.
Section 13. Constitutionality. If any section, sentence, clause, phrase or other,
part of this ordinance is for any reason held invalid or unconstitutmi~nal, such
decision shall not affect the validity of_the remaining parts thereof.
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Approved by the Z1Jlayor this Passed by the Common Council
nth day of September, 191.7. this 8th day of September, 1y1~7.
~s~ Earl L. IttcNutt ~s~ John F`i.elds
T~Iayor L City Recorder
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