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8.2a.2 Door-to-Door SalesC I T Y 0 ~ SilLIni] City Manager · DENNIS M. KISSINGER City-County Building · 300 West Ash Street · P.O. Box 736 Salina, Kansas 67402-0736 TELEPHONE (913) 826-7250 · FAX (913) 826-7248 · TDD (913) 826-7333 CM Memorandum 97-15 TO: FROM: DATE: SUBJECT: City Commission Dennis Kissinger, City Manage~'¢' April 11, 1997 Door-to-Door Sales At last meeting, Commissioners provided a couple of questions for staff research prior to 2nd Reading of the ordinance regulating door-to-door sales. The City Clerk, City Attorney and I have reviewed and discussed these items and provide the following information: Q: Particularly in regard to food products sold door-to-door, should we be requiring the sellers to have insurance? Any city liability? There are no circumstances we can think of where the city might have liability for a defective or harmful product of any kind sold door-to-door or from a fixed business site. We did do some checking regarding food products. The Kansas Department of Health and Environment (KDHE) local office does inspect and regulate certain food sales (non- restaurant type). Of particular concern is food requiring refrigeration or freezing for health and safety reasons. A recent problem door-to-door sales case in Kansas involved fresh meat products. We discussed this with KDHE. We don't need to change the ordinance, but have added a section to our application requiring those selling refrigerated/frozen products to provide their KDHE inspection forms to get a license. This should effectively address the most prevalent concerns. We don't believe an insurance requirement is necessary nor advisable at this time. Q: Are there specified sizes or types of "NO SOLICITOR" signs required? Some homeowners are concerned about the aesthetics of this type of sign by their front door. A: We have not specified a size, type or specific location for "NO SOLICITING" or similar notice signs on homes. Nothing would prevent a homeowner from developing an effective notice different from the "standard" sign you might buy at a local discount or hardware store. For example, an attractive small brass sign placed next to a doorbell would likely work. The real question of size, type and location would be whether a "reasonable person" would see it and be able to comply by not ringing the doorbell or knocking. This would be a case-by-case determination found only if enforcement was required due to a violation. The City Attorney advises against any more specific size, type or location provisions in the ordinance in that they might present greater opportunities for finding "loopholes" to avoid prosecution in case of a violation, and would present difficulties in advising citizens for different types of doors, entryways, etc. Staff will be happy to provide further elaboration on these items at Monday's meeting. We have also included the latest drafts of permit application forms. Attachments Name APPLICATION FOR PEDDLER/SOLICITOR PERMIT Year Permit Number Permit Issued (First) Home Address (Middle Initial) (Last) Local Address (Street) (City) (State) (Zip) (Street) (City) (State) (Zip) Date of Birth I I Social Security No. Driver's Lic. State and No. Sex ~ Height Weight Hair Color Have you ever been convicted of any cdme, misdemeanor or felony other than traffic offenses? If yes, nature of offenses (Maiden) Phone Phone Eye Color City, State and date of conviction Name of Employer Employer Address Phone (Street) (city) (State) (Zip) C~,,,,act person at home office Local contact name, address and phone, if any Description of business or product to be sold Is the product perishable? Does the product require refrigeration or freezing (specify)? If refrigeration or freezing is necessary, type of equipment used Storage location of equipment and product Will product be delivered at time of sale? If no, method of delivery Area of town where sales are to be conducted Approximate number of days business is to be conducted in Salina Beginning and ending hours of sale each day To be submitted with this application: 1. Kansas Sales Tax Number or proof of exemption. 2. A copy of sales contract or receipt form, including the Notice of Cancellation form as required by K.S.A. 50-640, et seq., if any individual item is $25 or more. 3. State license, if required. 4 ';.redenfials from employer authorizing applicant to act as a representative for the company. 5. ,DHE inspection form for refrigeration or freezer equipment, if applicable. $15.00 Paid by Receipt No. Date Received by: OPERATING REGULATIONS 1. ID Badge Required- An ID badge, issued by the City Clerk, must be worn at all times mile.the applicant is soliciting or so that it can be clearly seen by customers. 2. Hours - A person may peddle or solicit between the hours of 8:00 a.m. and 9:00 p.m. only. 3. Primary Entrance - It is illegal to peddle or solicit at any entrance other than at the primary entrance to the residence. 4. No Solicitor Signs - It is illegal to attempt to peddle or solicit at any residence in the city where the owner or occupant has posted a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import. This includes knocking on the door or ringing the doorbell. 5. Aggressive Peddling - It is illegal to peddle or solicit in aggressive manner. This means either approaching a person at the residence or continuing to attempt to sell after the person has said no, whether before or after being invited inside the residence, in a manner that (1) is likely to cause a person to fear bodily harm or fear a criminal act to the person's property, or (2) is intended to or is likely to intimidate the person into purchasing. Aggressive peddling or soliciting is a Class B misdemeanor. 6. Selling from Street - It is illegal to peddle or solicit from any vehicle while the vehicle is located upon the improved portion of any street, avenue, boulevard or alley within the city. This section does not apply to the delivery of previously ordered merchandise or the sale of ice cream from vehicles registered to an ice cream street vendor. 7. Penalty - Unless otherwise stated, any person violating any of these regulations or the provisions of Salina Code Chapter 28 is guilty of a misdemeanor and could be punished by a fine of not more than $500 or imprisonment for not more than 6 months. I have read and agree to comply with all requirements of the Salina Code and regulations relating to the operation of such business. I understand the Kansas Consumer Protection Act (K.S.A. 50-640) pertaining to door-to-door sales. I agree my license may be revoked or suspended if I am found to have violated such requirements or regulations or if I have misrepresented any facts in this application. Date Signature Approved/Disapproved Date City Clerk Rev. 4/97 PEDD Year Permit Number { ~F Permit Issued VLl'n APPLICATION FOR JUVENILE PEDDLER/SOLICITOR PERMIT Sponsoring Organization Address Phone (Street) (City) (State) (Zip) Local Contact Name Phone Approximate number of events per year Number of juveniles participating Products to be sold Will product be delivered at time of sale? Area(s) of town where sales are to be conducted Approximate number of days business is to be COnducted in Salina (beginning and ending dates, if possible) ~eginning and ending hours of sale each day To be submitted with this application: 1. Kansas Sales Tax Number or proof of exemption. 2. A copy of sales contract or receipt form, if any individual item is $25 or more. I have read the operating regulations on the reverse side of this application and agree to comply with all requirements of the Salina Code and regulations relating to the operation of such business. I understand the Kansas Consumer Protection Act pertaining to door-to-door sales. I agree my license may be revoked or suspended if I am found to have violated such requirements or regulations or if I have misrepresented any facts in this application. Date Signature Approved/Disapproved Date City Clerk Rev. 4/97 PEDD OPERATING REGULATIONS 1. Hours - A person may peddle or solicit between the hours of 8:00 a.m. and 9:00 p.m. only. 2. Primary Entrance - It is illegal to peddle or solicit at any entrance other than at the primary entrance to the residence. 3. No Solicitor Signs - It is illegal to attempt to peddle or solicit at any residence in the city where the owner or occupant has posted a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import. This includes knocking on the door or ringing the doorbell. 4. Aggressive Peddling - It is illegal to peddle or solicit in aggressive manner. This means either approaching a person at the residence or continuing to attempt to sell after the person has said no, whether before or after being invited inside the residence, in a manner that (1) is likely to cause a person to fear bodily harm or fear a criminal act to the person's property, or (2) is intended to or is likely to intimidate the person into purchasing. Aggressive peddling or soliciting is a Class B misdemeanor. 5. Selling from Street - It is illegal to peddle or solicit from any vehicle while the vehicle is located upon the improved portion of any street, avenue, boulevard or alley within the city. This section does not apply to the delivery of previously ordered merchandise or the sale of ice cream from vehicles registered to an ice cream street vendor. 6. Penalty - Unless otherwise stated, any person violating any of these regulations or the provisions of Salina Code Chapter 28 is guilty of a misdemeanor and could be punished by a fine of not more than $500 or imprisonment for not more than 6 months.