Section 18-5-1. Title. This ordinance shall be known and cited as the Northglenn Peddlers and Solicitors Ordinance.

[Source: Ord. 647, 1982]

Section 18-5-2. Definitions. As used in this ordinance, unless the context otherwise requires;

"City" means the City of Northglenn, Colorado.

"Clerk" means the City Clerk of the City of Northglenn, Colorado.

"Director" means the Police Chief, Police Department of the City.

"Sales Tax" means the tax authorized and levied by and within the City of Northglenn, pursuant to ordinance.

"Door-to-door sales" means soliciting at residences or commercial or office outlets orders for the sale of or selling of goods, wares, merchandise, services, magazines, contacts, policies of insurance, stocks, bonds, rights or anything of value.

"Residence" means the private residences of the City of Northglenn, including, but not limited to condominium units and apartments or the yards, grounds or hallways thereof.

[Source: Ord. 660, 1982]

Section 18-5-3. Permits and Licenses.

Permit Required. Each and every person who goes in or upon the residences of the City of Northglenn, when not previously requested or invited to do so by the owner or occupant of the residences, for the purpose of engaging in door-to-door sales, shall, before going in or upon such residences, register and obtain a permit from the City Clerk and pay the permit fee as provided in this article.

License Required. Each person who engages any other person for salary, commission or other remuneration to engage in door-to-door sales, shall before commencing such sales register and obtain a license from the City Clerk and pay the license fee as provided by this article.

[Source: Ord. 647, 1982]

Section 18-5-4. Fees.

The license fee for each person who engages any other person for salary, commission or other remuneration to engage in door-to-door sales shall be one hundred dollars ($100.00) and such license shall be issued for one year.

The permit fee for each person engaging in door-to-door sales shall be one hundred dollars ($100.00) and such permit shall be issued for one year or the term remaining on the license such permit is issued under, if any.

[Source: Ord. 660, 1982; 1383, 2004]

Section 18-5-5. Application Contents.

License Application Contents: Each applicant for a license shall file the following with the City Clerk.

An Affidavit on a form supplied by the City Clerk stating:

The full name of the applicant.

The business address of the applicant.

The business telephone numbers of the applicant.

The residence addresses, temporary and permanent, of the applicant.

The residence telephone numbers of the applicant.

A description of the applicant, including height, weight, color of eyes and color of hair.

The number and state of issuance of the applicant's motor vehicle operator's license or chauffeur's license, if any.

The number on and state of issuance of the license plates or any motor vehicle owned, rented or being driven by the applicant and of any motor vehicle which the applicant intends to use in the course of door-to-door sales, a description of any such motor vehicle, and the name and address of the owner of such motor vehicle.

A list of all cities in which a peddler's license is presently held.

Is the applicant presently on parole or probation for any criminal violations.

A brief explanation of the nature of the merchandise to be sold or other activity that requires a license under this article.

The names, business addresses, business telephone numbers, residence addresses, and residence telephone numbers of all individuals employing and/or supervising the applicant.

If the applicant is a foreign corporation or an employee of such corporation state in writing the name, address and telephone number of an agent for process residing in the State of Colorado.

Number of permits requested and names and addresses of all those who may use such permit, not to exceed twenty-five (25) permits.

Permit Application Contents: A permit application shall contain the same questions as a license application except that item 18-5-5(A)(1)(n) may be omitted.

[Source: Ord. 660, 1982]

Section 18-5-6. License or Permit--Grounds for Denial.

The City Clerk may deny the issuance of a license or permit for the following reasons:

Any misrepresentation, fraud, deception, breach of warranty, or breach of contract in the City or elsewhere;

Failure to comply with this ordinance or violation of any ordinance applicable to his permitted activities;

Failure to obtain a sales tax license as required by the City or failure of the applicant, his supervisor, or his employer to remit any sales tax due the City.

Felony convictions for crimes against the person or property of another, or institutionalization for mental illness which caused acts of violence against the person or property of another; provided, however, that such felony convictions or institutionalization occurred within the five (5) years preceding the date of application.

For purposes of this Section 18-5-6:

Crimes or acts of violence against the person of another shall include homicide, attempted homicide, rape, attempted rape, sexual assault, assault, battery, and other similar felonies involving moral turpitude by whatever name; and

Crimes or acts against the property of another shall include theft, burglary, breaking and entering, larceny and other similar felonies involving moral turpitude by whatever name.

Persons whose applications for licenses or permits have been denied shall be notified in writing the reason for such denial, and upon written request to the City Clerk, are entitled to an administrative, quasi-judicial hearing pursuant to Chapter 3, Article 7 of the Northglenn Municipal Code, with the City Clerk, or another hearing officer as designated by the City Clerk, serving as presiding officer. The presiding officer shall determine whether the reasons for license or permit denial in Section 18-5-6(a), and further specified in Section 18-5-6(b), in fact exist.

[Source: Ord. 647, 1982; 892, 1987]

Section 18-5-7. Transfer of License and Permits.

No person shall transfer or attempt to transfer his license to any other person, and no person shall use a license issued to any other person.

Permits may be transferred from person to person, but each person in possession of and using such permit to engage in door-to-door sales shall be previously registered according to the provisions of Section 18-5-5.

[Source: Ord. 647, 1982]

Section 18-5-8. Records. The City Clerk shall maintain records showing each license or permit issued and the alleged violations of this ordinance.

[Source: Ord. 647, 1982]

Section 18-5-9. Appeal. At his election, an applicant may appeal any decision relating to his license or permit by the City Clerk to the City Council. If the applicant requests, the Council shall hold a hearing pursuant to the procedures set forth in the City Charter and ordinances of the City of Northglenn. Council's decision shall be by a majority of a quorum of the Council.

[Source: Ord. 647, 1982]

Section 18-5-10. Expiration of License or Permit. Each license or permit shall expire on the date specified on the license or permit, and the City Clerk shall issue no license or permit for a period longer than one year. On the expiration of a license or permit, any person may apply for the issuance of a new license or permit.

[Source: Ord. 647, 1982]

Section 18-5-11. Violation--Penalties. It shall be a violation of this ordinance for any person who employs any other person to engage in door-to-door sales for a salary, commission, or other remuneration in the City, without causing such employee to comply with this ordinance, and they shall be guilty of a misdemeanor and, on conviction, shall be punished as provided in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 1130, 1995]

Section 18-5-12. Revocation of License or Permit. If the City Clerk finds that any of the grounds stated in Section 18-5-6 exist or that an applicant has made a false statement in his application, the City Clerk shall revoke the license and permit, or for other just cause, communicated to the person, related to the health, safety, or welfare of the citizens of the City or related to the person's business integrity or responsibility, the City Clerk may revoke the license and permit, in accordance with the provisions of Article 1 of Chapter 18 of the Municipal Code.

[Source: Ord. 647, 1982]

Section 18-5-13. Identification Cards. The City Clerk shall issue to each person at the time of the delivery of his permit, an identification card or badge bearing the words "Licensed Person" the period of time for which the permit is issued, and the number of the permit, in plainly discernible letters and figures. Each person shall conspicuously display such identification card or badge whenever he is engaged in door-to-door sales except when so engaged by telephone. The City Clerk may cause the same document to be used as the identification card and the permit.

[Source: Ord. 647, 1982]

Section 18-5-14. Exhibition of Permit. Whenever requested by any police officer or by any customer or prospective customer, a person shall exhibit his identification card and his permit.

[Source: Ord. 647, 1982]

Section 18-5-15. Construction. It is the intent of the City Council that not only each person who engages in door-to-door sales in the City, but also each principal on behalf of whom such individual is acting shall be licensed as required by this ordinance.

[Source: Ord. 647, 1982]

Section 18-5-16. Exemptions.

The following classes of persons shall not be required to obtain a license or permit otherwise required by this ordinance:

Deliverymen or routemen who are engaged in the business of servicing and soliciting in connection with sales and delivery routes of newspapers, milk, bread, firewood, and farm produce.

Persons soliciting lawn or garden work and shoveling of snow.

Persons authorized by civic, religious, charitable or political organizations.

All companies that have a franchise agreement with the City of Northglenn.

Notwithstanding the exemption herein contained, such exempt persons shall be required to obtain an identification card as described in Section 18-5-13 hereof prior to engaging in door-to-door sales or solicitation of contributions, and shall pay the cost of preparing such identification card as established by the City Clerk.

[Source: Ord. 706, 1983]

Section 18-5-17. Misdemeanor--Penalties.

It shall be unlawful for any person to engage in door-to-door sales without a license, a permit, or an identification card as required by this ordinance.

Any person who violates any of the provisions of Article 5 of Chapter 18 of the Northglenn Municipal Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1-1-10(a)(2) of this Code.

Each violation of any section of this ordinance shall be deemed a separate offense.

[Source: Ord. 1130, 1995]

Section 18-5-18. Severability Clause. If any provision of this article or the application of any provision of this article to any person or circumstance be held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.

[Source: Ord. 647, 1982]