HomeMy WebLinkAboutord1990-062WHATCOM COUNTY COUNCIL AGENDA BILL NO. 90 -207
I-IT 7-1 A D A ATl110 O.
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SUBJECT.•
Date Date Received in Councit Office: A enda Date: Assi ned To:
ro, E 6 4 UU g E � W 2 D 6126190 Council /Intro
\J 7/10/90 PS /C00cil
JUN 2 0 1990
WHATCOM COUNTY
COUNCIL
Ordinance amending Whatcom County Code Section 5.22, changing the procedure for granting permits
to solicitors and canvassers
ATTACHMENTS:
Ordinance
SUMMARY STATEMENT.•
Public Hearing Needed? Yes / / No /xx/
Solicitors licenses are granted to magazine salesmen, among others (for temporary or annual use).
Existing language needs to be changed for two reasons. Firstly, it refers to "board of county
commissioners. Secondly, the procedure encourages the "Courthouse shuffle," sending people from the
Sheriff, to the Treasurer, to the Council Office, to the Sheriff,- and other places to get this minor
permit. As is the case with many of our . procedures, once the person arrives at one of these
departments it is difficult to determine what to do with the applicant.
The Sheriffs Office has graciously offered to handle most of the processing of the permits, making it
easier for the public and eliminating work for other departments. The Treasurer, Undersheriff, and
Executive have reviewed the proposed changes and agree they should be made. .
ORIGINATOR'S RECOMMENDED ACTION.•
Council staff recommends the ordinance be adopted.
COMMITTEE ACTION (including dates):
7 -10 -90 Recommended approval
COUNCIL ACTION (including dates):
7 -10 -90 Passed
Related File Numbers. Ordinance or Resolution Number. Ord 90 -6Q
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solicit.ord INTRODUCED BY: Consent
PROPOSED BY: Council Staff
DATE: 6 -26 -90
ORDINANCE NO. 90 -62
AMENDING WHATCOM COUNTY CODE SECTION 5.52,
CHANGING THE PROCEDURE FOR GRANTING
PERMITS TO SOLICITORS AND CANVASSERS
WHEREAS, Whatcom County Code Section 5.52 sets forth the procedure for
reviewing and granting permits and licenses for solicitors and canvassers; and
WHEREAS, some portions of Section 5.52 refer to the 'Board of County
Commissioners," a body no longer existing in Whatcom County, and those portions
also contain unclear directions; and
WHEREAS, the issuance of such permits and licenses is an administrative
function; and
WHEREAS, Chapter 36.71.020 of the Revised Code of Washington indicates
only that the issuance of such permits and licenses is the responsibility of "the
appropriate county official," without specifying further which official that would be;
and
WHEREAS, it would be in the best interest of County staff and-the public to
simplify, clarify and update this section;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that Whatcom County Code Section 5.52 is hereby amended as indicated:
5.52.030 Permit and license -- Application. Applicants for permit and license
under this chapter must file with the Whatcom County treasurer a sworn
application in writing (in duplicate) on a form to be furnished by the Whatcom
County treasurer §DM which shall give the following information:
35 sold;
A. Name and description of the applicant;
B. Permanent home address and full local address of the applicant;
C. A brief description of the nature of the business and the goods to be
SOLICMORD, 6/19/90, Page 1
1 D. If employed, the name and address of the employer, together with
2 credentials establishing the exact relationship;
3 E. The length of time for which the right to do business is desired;
4 F. The place where the goods or property proposed to be sold, or orders
5 taken for the sale thereof, are manufactured or produced, where such goods or
6 products are located at the time the application is filed, and the proposed method of
7 delivery;
8 G. The fingerprints of the applicant and the names of at least two reliable
9 property owners of the state of Washington, who will certify as to the applicant's good
10 character and business responsibility, or, in lieu of the names of references, such other
11 available evidence as to the good character and business responsibility of the applicant
12 as will enable an investigator to properly evaluate such character and business
13 responsibility;
14 H. A statement as to whether or not the applicant has been convicted of
15 any crime, misdemeanor, or violation of any municipal ordinance, the nature of the
16 offense and the . punishment or penalty assessed therefor; and
17 I. At the time of filing the application, a fee of ten dollars shall be paid to
18 the Whatcom County treasurer €ff to cover the cost of investigation of the facts
19 stated therein, if applicant is unknown locally, and not a bona fide resident of
20 Whatcom County.
21
22 5.52.040 Permit and license -- Investigation and issuance.
23 A. Upon receipt of such application, the original shail be referied to the
24 Whatcom County Sheriff—,Mho shall cause such investigation of the applicant's business
25 and moral character to be made as he deems necessary for the protection of the
26 public good.
27 B. If, as a result of such investigation, the applicant's character or business
28 responsibility is found to be unsatisfactory, the Whatcom County Sheriff shall endorse
29 on such application his disapproval and his reasons for the same, and return the
30 application to the NVhatcom E3ounty treasuirei, who shall notify the applicant that his
SOLICMORD, 6/19/90, Page 2
1 application is disapproved and that no permit and license will be issued.
2 C. If, as a result of such investigation, the character and business
3 responsibility of the applicant are found to be satisfactory, the Whatcam County
4 Sheriff shall endorse on the application his approval, execute a permit addressed to
5 the applicant for the carrying on of his business applied for, permit
6 , W upon
7 payment of the prescribed license fee, deliver to the applicant his permit and issue a
8 license. Such license will contain the signaturet-=d seal of the board of couintyp
9 conunissioneis . and shall show the name, address and
10 photograph of the licensee, the class of license issued, the kind of goods to be sold
11 thereunder, the amount of fee paid, the date of issuance and the length of time the
12 same shall be operative, as well as the license number and other identifying
13 description of any vehicle used in such soliciting or canvassing. The i' hatcoln County
14 Sheriff shall keep a permanent record of all licenses issued.
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16 5.52.050 License fees. A. The license fee which shall be charged for such
17 license, shall be the sum of forty dollars per year, and shall be assessed on a calendar
18 year basis. The fee, however, for January to July 1st, or any pert of said period, or
19 from July 1st to December 31st, or any part of said period, shall be sixty percent of
20 the annual license fee; provided, that one temporary thirty -day license may be issued
21 on payment of a fee of fifteen dollars. Said fifteen - dollar fee may, however, apply on
22 a current, annual or semiannual license that may be issued thereafter at the same rate
23 provided in this subsection; provided, the temporary thirty days occurs during the
24 same annual or semiannual period for which the total fee is paid.
25 B. None of the license fees provided for by this chapter shall be so applied as
26 to occasion an undue burden upon interstate commerce. In any case where a license
27 fee is believed by a licensee, or applicant for license, to place an undue burden upon
28 such commerce, he may apply to the chairman of the board of county conur,4ssion
29 Pq uti for an adjustment of the fee so that it shall not be discriminatory,
30 unreasonable, or unfair as to such commerce.. Such application may be made before,
SOLICIT.ORD, 6/19/90, Page 3
1 at, or within six months after payment of the prescribed license fee. The applicant
2 shall, by affidavit and supporting testimony, show his method of business and the gross
3 volume or estimated gross volume of business -and such other information as the
4 board of county co *--* � CMW§§M may deem necessary in order to
5 determine the extent, if any, of such undue burden on such commerce. The board o
6 tV shall then conduct an investigation comparing
7 applicant's business with other businesses of like nature and shall make findings of
8 fact from which it shall determine whether the fee fixed by this chapter is unfair,
9 unreasonable or discriminatory as to the applicant's business, and shall fix as the
10 license fee for the applicant an amount that is fair, reasonable and nondiscriminatory,
11 or, if the fee has already been paid, shall order a refund of the amount over and
12 above the fee so fixed. In fixing the fee to be charged, the board of eetm
....
13 co=fissioners r shall have the power to base the fee upon a percentage
14 of gross sales or any other method which will assure that the fee assessed shall be
15 uniform with that assessed on businesses with that assessed on businesses of like
16 nature, so long as the amount assessed does not exceed the fees as prescribed in
17 subsection A of this section. Should the chaitman of the board of county
�...
18 lr' determine the gross sale measure of the fee to be the
19 fair basis, he may require the applicant to submit, either at the time of termination of
20 applicant's business in the county of Whatcom, or at the end of each three month
21 period, a sworn statement of the gross sales and pay the amount of fee therefor;
22 provided, that no additional fee during any one calendar year shall be required after
23 the licensee shall have paid an amount equal to the annual license as prescribed in
24 subsection A of this section.
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26 5.52.060 Exhibition of license. Solicitors and canvassers are required to exhibit
27 their licenses at the request of any citizen.
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29 5.52.070 Exemptions. This chapter shall not be construed as applicable to
30 insurance men, advertising salesmen or salesmen calling on the retail or wholesale
SOLICTr.ORD, 6/19/90, Page 4
1 trade and, to encourage the dissemination of news and information, it shall not be
2 construed as applicable to daily newspaper salesmen, whether subscriptions are taken,
3 or not.
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5 5.52.080 Partial exemptions. Whatcom County residents representing local
6 religious organizations selling Bibles, religious books or religious literature, are exempt
7 from the payment of any fees under the terms of this chapter, but all such persons
8 are included in, and subject to, the other provisions of this chapter.
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10 5.52.090 Bond required. Every applicant, not a resident of Whatcom County,
11 or who, being a resident of Whatcom County, represents a firm that does not have a
12 permanent place of business in the state of Washington, shall find with the board o f
13 county C rs ... a surety bond running to the county of Whatcom
14 in the amount of one thousand dollars, with surety acceptable to, and approved by,
15 the boaird of county cormnissionets . conditio ned that the applicant
16 shall comply fully with all the provisions of the ordinances of the county of Whatcom,
17 and the statutes of the state of Washington, regulating and concerning the business of
18 solicitor and guaranteeing to any citizen of the county of Whatcom that all money
19 paid as a down payment will be accounted for and applied according to the
20 representations of the solicitor. Action on such bond may be brought in the name of
21 the county to the use or benefit of the aggrieved person.
22
23 5.52.100 Revocation of permit and license -- Causes -- Notice of hearing. A.
24 Permits and licenses issued under the provisions of this chapter may be revoked by
25 action of the boa., d of county en fi#xf£ of the county of Whatcolult
26 after notice and hearing for any of the following causes:
27 1. Fraud, misrepresentation, or false statement contained in the application
28 for license;
29 2. Fraud, misrepresentation, or false statement made in the course of
30 carrying on his business as solicitor or as canvasser;
SOLICrF.ORD, 6/19/90, Page 5
1 3. Any violation of this chapter;
2 4. Conviction of any crime or misdemeanor involving moral turpitude;
3 5. Conducting the business of soliciting, or of canvassing, in an unlawful
4 manner or in such a manner as to constitute a breach of the peace or to constitute a
5 menace to the health, safety, or general welfare of the public.
6 B. Notice of the hearing for revocation of a license shall be given in
7 writing, setting forth specifically the grounds of complaint and the time and place of
8 hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last
9 known address at least five days prior to the date set for the hearing.
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11 5.52.110 Revocation of permit and license -- Appeal. Any person aggrieved by
12 the action of the Sheriff in the disapproval of a permit or license as provided in
13 Section 5.52.040 shall have the right of appeal to the board of county con=tissioners
14t' > >t# Such appeal shall be taken by filing with the board
15 ttt, within fourteen days after notice of the action complained
16 of has been mailed to such person's last known address, a written statement setting
17 forth fully the grounds for the appeal. The board ft shall set a time
18 and place for a hearing on such appeal and notice of such hearing shall be given to
19 the appellant in the same manner provided for in 5.522.100 for notice of hearing on
20 revocation. The decision and order of the bow d on on such
21 appeal shall be final and conclusive.
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23 5.52.120 Duty of Sheriff to enforce. It shall be the duty of the Sheriff or any
24 deputy Sheriff of the county of Whatcom to require any person seen soliciting or
25 canvassing, and who is not known by such officer to be duly licensed, to produce his
26 solicitor's license or canvasser's license and to enforce the provisions of this chapter
27 against any person found to be violating the same.
28
29 5.52.130 Records. The goo Sheriff shall
report to the
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SOLICrEORD, 6/19/90, Page 6
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5.52.140 Violation -- Penalty. Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be punished by a fine not to exceed one
hundred dollars, or by imprisonment in the county jail for a period not to exceed sixty
days.
ADOPTED this 10th day of July, 1990.
ATTEST:
Ramona Reeves, Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
[NGTON
(✓Approved ( ) Denied
06"
Shirley Van Z Then, Eiikutive
Date: -7
SOLICrEORD, 6/19/90, Page 7