§ 6-1. Solicitation permits.
(1)
Solicitation permit required.
(a)
No person, on their own behalf or on behalf of any organization, shall conduct solicitation, as defined herein, within the Village of Palmetto Bay without first obtaining a current solicitation permit, as provided herein, except as provided in subsection (2) herein.
(b)
The term "solicitation" as used in this section means an unsolicited request or petition intended to obtain something of value or information by a person who seeks such things or information by approaching residences or businesses at their residential or business location.
(c)
The permit for solicitation shall be carried at all times while conducting home solicitation, and the permit shall be produced and available for inspection at all such times by any Palmetto Bay Police Officer, Charter Officer, or Code Compliance Officer.
(d)
A person regarding whom there is reasonable belief that such person is engaging in solicitation may be asked by any Palmetto Bay Police Officer, Charter Officer, or Code Compliance Officer, to produce for inspection the required solicitation license or suitable identification if no solicitation license is produced upon request.
(2)
Exclusions. The following are excluded from the operation of this section:
(a)
Bona fide agents, business representatives, or sales persons making calls or soliciting orders at the usual place of business of a customer regarding products or services for use in connection with the customer's business.
(b)
Solicitors, sales persons, or agents making a call or business visit upon the express invitation, oral or written, of an inhabitant of the premises or his or her agent.
(c)
Telephone solicitors, sales persons, or agents making calls that involve transactions that are unsolicited by the customer and consummated by telephone and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services.
(d)
Solicitors, sales persons, or agents conducting a sale, lease, or rental of consumer goods or services by sample, catalog, or brochure for future delivery.
(e)
Minors under the age of 18 years conducting home solicitation sales under the supervision of an adult supervisor who holds a valid solicitation permit from the village. Minors excluded from the operation of this section must, however, carry personal identification that includes their full name, date of birth, residence address, name of employer or sponsoring entity, and name and solicitation permit number of the adult supervisor.
(f)
Those sellers or their representatives who are currently regulated as to the sale of goods or services by F.S. ch. 475 or ch. 497.
(g)
Solicitors, sales persons, or agents making calls or soliciting orders on behalf of a religious, charitable, scientific, educational, or veterans' institution or organization holding a sales tax exemption certificate under F.S. § 212.08(7).
(h)
Candidates for election to public office or their representatives.
(3)
Civil penalties.
(a)
Any person violating this section shall receive a civil citation pursuant to Palmetto Bay Code section 2-205(c).
(b)
Any civil citation issued pursuant to this section may be appealed under the procedures in the Palmetto Bay Code.
(c)
The civil fine and penalties for a violation of this section shall be as follows:
(i)
First offense for failure to have obtained a permit, $50.00 fine;
(ii)
Second and subsequent offenses for failure to obtain a permit, $150.00 for each offense thereafter; and, in addition, ineligibility to receive a solicitation permit for a period of one year following the second or subsequent offense(s);
(iii)
First offense for failure to carry or produce upon request an otherwise valid permit issued to the person, $20.00 fine;
(iv)
Second offense for failure to carry or produce upon request an otherwise valid permit issued to the person, $20.00 fine; and
(v)
For the third and each subsequent failure to carry or produce upon request an otherwise valid permit issued to the person, suspension of the permit for one year.
(4)
Permit application. Applicants for permits shall file a sworn application in writing with the department designated by the village manager. The permit application fee shall be $25.00. Each application shall be on a form specified by the village manager, containing the following as a minimum:
(a)
Full name of applicant;
(b)
Date of birth of the applicant;
(c)
Race and sex of applicant;
(d)
Permanent residence address of applicant;
(e)
Local residence address of applicant;
(f)
Name and address of the applicant's employer;
(g)
Two recent color photographs of applicant;
(h)
A statement as to whether or not the applicant has been convicted or has pleaded guilty or has pleaded nolo contendere or has had adjudication withheld, with respect to any crime (misdemeanor or felony) in any jurisdiction; and, if so, the nature of the offense and the penalty assessed therein; and
(i)
Two sets of fingerprints taken within six months by the Palmetto Bay Police Department or by an authorized law enforcement agency.
(5)
Permit revocation, suspension or denial. The village manager or the manager's designee may revoke, suspend, or deny the issuance of a solicitation permit, if it is determined that an applicant or permit holder has:
(a)
Misstated, misrepresented, withheld any material information, or failed to truthfully answer any question in the application;
(b)
Has warranted the penalty of suspension as provided in subsection (3)(c)(ii) above or has otherwise substantially failed to comply in any material respect with the requirements of this section; or
(c)
Has answered "yes" to any of the questions in subsection (4)(h) above regarding prior criminal activity, if the action reported is less than five years old for a felony charge and less than three years old for a misdemeanor charge.
(Ord. No. 2016-16, § 1, 6-6-2016)