|City amends ordinance regarding door-to-door peddlers|
|Written by News Desk|
|Saturday, 07 September 2013 08:14|
Last Week the City of Millbrook amended its ordinance regarding temporary solicitors/peddlers. Previously the city placed prohibitions and limitations on door-to-door sales. Art Elsner, City Attorney explained that a recent decision by the U.S. Supreme Court found that outright municipal prohibitions on peddlers were unconstitutional.
"The court found that prohibiting these types of activities placed an undue burden on commerce and was too restrictive. Therefore we are amending our code of ordinances to comply with that decision," Elsner said.
The ordinance does however limit the hours that door-to-door solicitors can operate. Elsner said this issue was also address by the court decision.
"The court found that requiring these activities end at 6pm was too restrictive. The court found that limiting them to 9pm was acceptable. So we are limiting our sales to 8pm. We believe that is a good compromise," Eslner said.
Under the provisions of the amended ordinance, solicitations may be made from Monday through Saturday between the hours of 9am. and 8pm. The amended ordinance also calls for each business to obtain a temporary business license from the city and that the license applicant pass a criminal background check before such license is issued.
"This will be much like when someone applies for a liquor license. They will have to pass a background check and come before the council for approval," said Council President Fred Watts.
However, the ordinance stipulates the application may only be disapproved by the council for good cause including, fraud on the license applications or findings of fraud from other places where the applicant has conducted business. The council can also reject an applicant if the background check of anyone on the license application indicates a felony conviction.
Any resident or business that does not wish to receive solicitors should have a 'no solicitors' sign placed in an obvious area near the front entrance of their home or business. Operating a peddler/solicitor business without a license could result in a misdemenor conviction and carry a penalty of $500, up to 90 days in jail, or both.
As before the limitations do not apply to:
(1) Persons dealing only with merchants, businesses, or professional consumers.
(2) Newspaper carriers, state licensed insurance and real estate agents, advertising sales persons, calling on commercial enterprises, or any sale under a court order.
(3) Transient merchants making sales, or taking orders for farm products produced or raised by that merchant.
(4) Officers or members acting on behalf of nonprofit, charitable or religious, organizations, and who are unpaid for their services.
(5) Candidates for elected government positions and their campaign workers.
|Last Updated on Thursday, 12 September 2013 09:27|
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