ARTICLE A. DOOR TO DOOR SOLICITORS, PEDDLERS AND CANVASSERS
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. 477, 12-10-2013, eff. 12-31-2013)
A. Information Required: Applicants for a permit and license under this article must file with the business license official a sworn application in writing in duplicate on a form to be furnished to the business license official, which shall give the following information:
1. Name Of Applicant: True and legal name and description of the applicant and any aliases used by 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 business license official 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 business license official 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 business license official 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 business license official, 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 business license official.
D. Denial Of License:
1. Upon the director's review of the application, the business license official 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 2-1-13 of this title.
3. The business license official'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 business license official shall endorse on the application the approval thereof.
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 business license official. 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 business license official after due investigation of the applicant's suitability, and upon receipt of the license fee, if required, the business license official 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. 477, 12-10-2013, eff. 12-31-2013)
A. No solicitor, canvasser, or peddler shall intentionally make any materially false or fraudulent statement in the course of soliciting.
B. A solicitor, canvasser, or peddler shall immediately disclose to the consumer during face to face solicitation: 1) the name of the solicitor, canvasser, or peddler; 2) the name and address of the entity with whom the solicitor, canvasser, or peddler is associated; and 3) the purpose of the solicitor, canvasser, or peddler's contact with the person and/or competent individual. This requirement may be satisfied through the use of the badge and an informational flier.
C. No solicitor, canvasser, or peddler shall use a fictitious name, an alias, or any name other than his or her true and correct name.
D. No solicitor or peddler shall represent directly or by implication that the granting of a business license certificate implies any endorsement by the city of the solicitor's or peddler's goods or services or of the individual solicitor or peddler. (Ord. 477, 12-10-2013, eff. 12-31-2013)
A. It is a violation of this article for any solicitor, canvasser, or peddler through ruse, deception, or fraudulent concealment of a purpose to solicit, to take action calculated to secure an audience with an occupant at a residence.
B. Any solicitor, canvasser, or peddler, who is at any time asked by an occupant of a residence or dwelling to leave, shall immediately and peacefully depart.
C. The solicitor, canvasser, or peddler, shall not intentionally or recklessly make any physical contact with, or touch another person without the person's consent.
D. The solicitor, canvasser, or peddler, shall not follow a person into a residence without their explicit consent.
E. The solicitor, canvasser, or peddler, shall not continue repeated soliciting after a person and/or competent individual has communicated clearly and unequivocally their lack of interest in the subject, goods or services of the solicitor, canvasser, or peddler.
F. The solicitor, canvasser, or peddler shall not use obscene language or gestures. (Ord. 477, 12-10-2013, eff. 12-31-2013)