2-5A-1: PURPOSE AND INTENT; LICENSE REQUIRED; ISSUANCE PROHIBITED TO DESIGNATED PERSONS:
A. The city council declares that this article is an exercise of the regulatory powers delegated to the council by the state of Nevada pursuant to Nevada Revised Statutes 268.095(1)(a), inter alia.
B. This article is to protect against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise preserve the public health, safety and welfare, by regulating door to door solicitors, peddlers and canvassers. (Ord. 405, 7-22-2008, eff. 8-15-2008)
The following words, terms, and phrases, and their derivations, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CANVASSER: Any natural person who is not in the business of selling goods and who makes or attempts to make personal contact with a resident at his residence, without prior specific invitation or appointment from the resident, for the primary purpose of: a) enlisting or attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money or anything of value for or against such cause, b) distributing or attempting to distribute a handbill or flier advertising a noncommercial event or service or c) making or attempting to make noncommercial surveys for research purposes, analysis, opinion polls and any similar work.
CHARITABLE PURPOSE: Any benevolent, philanthropic, patriotic, religious or eleemosynary group, partnership, association or corporation which solicits and collects funds for charitable purposes and is classified in one of the categories defined in section 501 of the United States internal revenue code as being exempt from payment of federal income tax as evidenced by the organization's 501 registration number or is duly organized pursuant to Nevada Revised Statutes chapters 81, 82, 84 or 86.
DEPARTMENT: The department of finance business license division.
DIRECTOR: The city manager or his designee in the business license division of the city.
PEDDLER: Any natural person other than a mobile food vendor who goes upon the premises of any private residence in the city, not having been invited by the resident or occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering or attempting to offer the same for sale. "Peddler" does not include a natural person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good, or service that is offered to a resident for purchase at a location away from his residence or at a time different from the time of visit.
SOLICITOR: Any natural person other than a mobile food vendor who goes upon the premises of any private residence in the city, not having been invited by the resident or occupant thereof, for the primary purpose of taking or attempting to take orders for the sale of goods, merchandise, wares or other personal property of any nature for future delivery, or for services to be performed in the future. "Solicitor" includes any natural person who distributes a handbill or flyer advertising a commercial event, good, or service. This definition also includes any natural person who, without invitation, goes upon private residential property for the primary purpose of requesting a donation for political, charitable, religious purposes or other noncommercial purpose, even if incidental to such purpose the solicitor offers or provides goods or services. (Ord. 405, 7-22-2008, eff. 8-15-2008)
It shall be unlawful for any natural person eighteen (18) years of age or older to engage in any peddling or solicitation activities within the city without first obtaining a license issued by the department. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. Information Required: Applicants for a permit and license under this article must file with the city manager a sworn application in writing in duplicate on a form to be furnished to the city manager, which shall give the following information:
1. Name Of Applicant: Name and description of the applicant.
2. Address: Permanent home and full local address of the applicant.
3. Description Of Business: A brief description of the nature of the business and the goods to be sold.
4. Name And Address Of Employer: If employed, the name and address of the employer, together with credentials establishing the exact relationship.
5. Duration Of Business: The length of time for which the right to do business is desired.
6. Information Regarding The Goods To Be Sold: The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, location of such goods or products at the time such application is filed, and the proposed method of delivery.
7. Photograph Of Applicant: A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be approximately two inches by two inches (2" x 2") showing the head and shoulders of the applicant in a clear and distinguishing manner.
8. References: The names of at least two (2) reliable property owners in the city who will certify the applicant's good character and business respectability, or in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
9. Statement Regarding Former Convictions: A statement regarding whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal law, the nature of the offense and the punishment or penalty assessed.
10. Additional Information: The city manager may require such additional questions to be answered by each applicant as he deems proper and necessary.
B. Investigation Of Applicant; Fee:
1. Fingerprint Based Background Checks: All applicants applying for a permit or license pursuant to this article, all employees of applicants who engage in the activity of a door to door solicitor or peddler, and all persons who directly, in this city, supervise or control the activities of said employees shall provide the city of Mesquite with a full set of fingerprints. Fingerprinting shall be completed at the Mesquite police department. Fingerprint data will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city of Mesquite. The city of Mesquite shall also investigate the character, reputation and financial condition of all applicants. Upon completion of the investigation, the city of Mesquite shall render a fitness determination regarding persons being investigated. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.
2. Payment Of Fee: Any person filing an application for a door to door solicitor or peddler license in the city, shall deposit with the city manager a nonrefundable investigation and fingerprinting fee of one hundred forty five dollars ($145.00) per applicant.
3. Forfeiture Or Return Of Fee: All investigation and fingerprinting fees shall be paid in full prior to investigation. In the event the applicant is denied a license after investigation, charges deposited or paid shall be forfeited. If the applicant withdraws his application prior to beginning any investigation, the investigation and fingerprinting fees shall be returned to the applicant.
4. Group Or Corporation: In the event the applicant shall be a group or corporation, there shall be required an investigation of each employee who engages in the activity of a door to door solicitor or peddler and also each person who directly, in this city, supervises or controls the activities of the employees; and a fingerprinting fee of forty five dollars ($45.00) shall be collected upon each such person.
5. Fees Paid Prior To Investigation: No investigation shall be made on any applicant prior to the payment by the applicant and receipt of such fee by the city manager and no license shall be issued until all such fees are paid.
C. Investigation Of Application:
1. Investigation: Upon receipt of the application and payment of fees, the original shall be referred to the city manager, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
2. Statement Of Prior Arrest: The application statement of prior arrest and/or conviction shall be forwarded to the police chief for verification. The police chief shall immediately report his findings to the city manager.
D. Denial Of License:
1. Upon the director's review of the application, the city manager shall refuse to issue a license to the applicant for any of the following reasons:
a. The applicant has been convicted of any felony, gross misdemeanor, or a misdemeanor involving a sex offense, trafficking in controlled substances, or any violent act against a person or property, such conviction having been entered within the ten (10) years immediately preceding the date of application;
b. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the ten (10) years immediately preceding the date of application.
2. The license application may also be denied for good cause as set forth in section 2-1-14 of this title.
3. The city manager's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no license will be issued. Notice shall be delivered personally or mailed to the applicant at the address shown on the application form, or at the applicant's last known address.
E. Approval Of Application: If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the city manager shall endorse on the application his approval thereof. The city manager shall then refer the application to the city council at its next regular meeting, together with the findings and all facts upon which the findings are based. The application may be acted upon by the city council at any regular or recessed regular meeting or at any special meeting duly called and noticed.
F. License Fee To Accompany Application: The required license fee for the applicable period of time shall accompany each application for issuance or renewal of a license and shall be paid to the city manager. The license fee shall be charged as outlined in section 2-1-13 of this title as may be amended or renumbered from time to time.
G. License Issuance; Contents Of Identification Card, Identification Exhibition:
1. Upon the approval of the city council after due investigation of the applicant's suitability, and upon receipt of the license fee, if required, the city manager shall issue a business license to the door to door solicitor or peddler.
2. An identification card for each door to door solicitor, peddler, or persons acting in supervisory positions above them shall be obtained from the police chief. The identification card, to be carried on the person of each such person at all times whenever he is so engaged in the city, shall include thereon his name and address, his right or left thumbprint, a photograph of the person, his description, the license and its number under which he is working, the date of its issuance, and the type of goods for which it was issued and the vehicle, if any, he commonly uses. Every natural person required to obtain a license and identification card under the provisions of this article shall allow inspection of the license and identification card upon request by any prospective customer, business license officer in the city or police officer. (Ord. 405, 7-22-2008, eff. 8-15-2008)
2-5A-7: LICENSEE RESPONSIBLE FOR ACTS OF EMPLOYEES AND AGENTS:
Any person or entity who employs, contracts, or otherwise engages another to conduct soliciting, peddling, or canvassing activities, is responsible for the acts or omissions of his employees or agents committed during the course of employment or performance of activities governed by this article. In any suspension, limitation, or revocation proceeding, the fact that the distributing service or person who employed, contracted, or engaged another did not have actual knowledge of the violations shall be no defense. (Ord. 405, 7-22-2008, eff. 8-15-2008)
It shall be unlawful for any natural person, while canvassing, peddling or soliciting, to enter upon any residential premises or to knock on the door, window or any other part of the residential structure, or ring the bell of any residential premises, or to do any other act calculated to attract the attention of anyone inside of the premises, where the owner, resident, occupant or person legally in charge of the premises has posted, at the entry, or any of the points of ingress to the premises, a sign with visible and legible letters at least three-fourths (3/4) of an inch in height bearing the words "No Trespassers", "No Canvassers", "No Peddlers", "No Solicitors", or words of similar import. A sign containing any of these or similar phrases is deemed to prohibit all activities governed by this article. This regulation shall apply to all groups of structures or complexes such as apartments, condominiums or private gated communities, which have posted such a sign or signs with letters at least one and a half inches in height at the entrance(s) or other point(s) of ingress regardless of whether any individual particular residence is posted. This section shall not apply, however, when the solicitor, peddler or canvasser has, despite the signage, been specifically invited by the owner, resident, occupant or person legally in charge of the premises. (Ord. 405, 7-22-2008, eff. 8-15-2008)
No person, while conducting the activities of a canvasser, peddler or solicitor, shall enter upon any private property, knock on doors, ring any bells, or otherwise disturb persons in their residences between the hours of nine o'clock (9:00) P.M. and eight o'clock (8:00) A.M. (Ord. 405, 7-22-2008, eff. 8-15-2008)
2-5A-10: RESTRICTION ON DISTRIBUTING, DEPOSITING, OR PLACING MATERIAL ON PROPERTY:
It is unlawful for any peddler, solicitor, or canvasser to distribute, deposit, place, throw, scatter or cast any material advertising their wares or any material advertising the cause for which they are soliciting or canvassing upon any private property, if requested by an owner, resident, occupant, or person legally in charge of the property, not to do so, or if there is placed on the property in a conspicuous position near the entrance thereof a sign with visible and legible letters at least three-fourths (3/4) of an inch in height bearing the words "No Trespassers", "No Canvassers", "No Peddlers", "No Solicitors", or any similar notice indicating in any manner that the occupants of the property do not desire to be molested, or to have their right of privacy disturbed, or to have any such advertising materials left upon such property.
This provision shall not apply, however, when the solicitor, peddler or canvasser has, despite the signage, been specifically invited by the owner, resident, occupant or person legally in charge of the property to leave the material.
Every person violating this provision shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00) or imprisonment of not more than six (6) months in jail, or by both such fine and imprisonment. (Ord. 450, 10-25-2011, eff. 11-17-2011)
Any license issued under this article may be revoked, limited or suspended for any of the reasons set forth in section 2-1-14 of this title or subsection 2-5A-4D of this article. Any inaction or correction by the licensee of any violations or conditions which resulted in a correction notice, or a provisional suspension of a license, does not preclude further disciplinary action by the city manager or council in accordance with this article and section 2-1-14 of this title. (Ord. 405, 7-22-2008, eff. 8-15-2008)
Appeal rights are the same as those set forth in section 2-1-14 of this title as amended or renumbered from time to time. Procedures for judicial review of final decisions are the same as those set forth in section 2-1-14 of this title as amended or renumbered from time to time. (Ord. 405, 7-22-2008, eff. 8-15-2008)
Any person violating any of the provisions of this article shall be guilty of a misdemeanor; and, upon conviction thereof, shall be punished as the law allows for a misdemeanor crime. Whenever in this article any act is prohibited, or is made or declared to be unlawful, or an offense or a misdemeanor, or whenever in this article the doing of any act is required, or the failure to do any act is made or declared to be unlawful, or an offense or misdemeanor, the doing of any such prohibited act, or the failure to do any such required act, shall constitute a violation of this article. Every day of violation of this article constitutes a separate offense. (Ord. 405, 7-22-2008, eff. 8-15-2008)