VI (A1) Ordinance No. 96-21, Relating to Solicitors, Peddlers and Open-air vendors AGENDA 10-02-96
F O LEY & L A R D N E R Item VI A l
ATTORNEYS AT LAW
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JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO
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SACRAMENTO FACSIMILE(407)648-1743 WEST PALM BEACH
WRITER'S DIRECT LINE
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee /�
FROM: Paul E. Rosenthal, Esq. , City Attorney , W
DATE: September 27, 1996 I
RE: Ordinance No. 96-21: Ordinance Relating to Solicitors,
Peddlers and Open Air Vendors
Attached hereto is proposed Ordinance No. 96-21 relating
to solicitors, peddlers and open air vendors. The proposed
Ordinance revises the current provisions of Section 119-27 of the
City Code with respect to this subject and the definitions related
thereto. For your convenience, I am also attaching a copy of the
current City Code provisions with respect to this subject.
Our review of Section 119-27 began as a result of
correspondence received from Mathew Stayer of Liberty Counsel. On
September 19th, we provided Mr. Stayer with a draft of the proposed
substantive text of the Ordinance. On September 25th, we were
advised that they intended to comment on the proposed revisions,
but that the review time provided to meet the agenda deadline was
unreasonable. Rather than delay City Commission consideration of
this matter, we will forward to Mr. Stayer a copy of this
memorandum and provide him with the opportunity to submit proposed
amendments at the public hearing. If we are provided with advance
information regarding any proposed amendments, we will also provide
you with our recommendations with respect thereto.
In preparing the proposed Ordinance we have reviewed the
International Municipal Lawyers Association Model Ordinance on this
subject. While various provisions of the Model Ordinance have been
incorporated, we have only utilized those provisions consistent
with the intent and scope of the current ordinance.
The following is a highlight of the differences between
the proposed Ordinance and the existing provisions of Chapter 119
relating to solicitors, peddlers and open air vendors:
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,PARIS,SINGAPORE,STUTTGART AND TAIPEI
The Honorable Mayor and City Commissioners
of the City of Ocoee
September 27, 1996
Page 2
(1) The definitions of peddler and solicitor have been
revised and substantially follow the Model Ordinance, except
that they do not include persons soliciting donations for
political, charitable, religious and other non-commercial
purposes. The reference to "agent" has been eliminated and
incorporated into the definitions of solicitor and peddler.
(2) All references to the phrase "canvass" or "house-to-
house canvass" have been deleted.
(3) Permitting responsibility has been shifted from the
Chief of Police to the Building Official. In practice, the
Building Official has been issuing -the permits under the
current Code.
(4) Specific standards are established for denial of a
permit. All references to "good moral character" have been
deleted. However, specific authority is granted to deny the
issuance of a permit to a person who has been convicted of a
sex offense, trafficking in controlled substances or any
violent acts against persons or property within five years
from the date of application. Authority is also granted to
deny a permit to a person who has been convicted of fraud,
deceit or misrepresentation within the past five years.
(5) Specific standards are established for revocation of
a permit. These standards are similar to the standards for
issuance of a permit.
In addition to the changes set forth above, the proposed
Ordinance addresses other subjects related to peddling and
soliciting within the City. The following is a highlight of these
additional changes:
(1) Peddling and soliciting between the hours of
9: 00 p.m. and 9: 00 a.m. is prohibited.
(2) A permit is only required to be obtained by persons
18 years of age or older. This is consistent with the current
practice which does not require that a permit for groups such
as the Girl Scouts who sell cookies door to door. However,
the prohibitions on certain activities of solicitors and
peddlers set forth in Section 119-27.A would be applicable
without regard to the age of the solicitor or peddler (i.e. ,
they cannot enter premises during prohibited hours) .
The Honorable Mayor and City Commissioners
of the City of Ocoee
September 27, 1996
Page 3
(3) The information requested in the application form
has been expanded to identify those persons who may be denied
a permit.
(4) An application fee of $5. 00 is established.
Peddlers and solicitors will also have to obtain an
occupational license and pay the applicable occupational
license fee unless exempt under other Code provisions.
Currently, occupational licenses are not required of
charitable, religious, fraternal, youth, civic or service
organizations making occasional sales when the projects are
performed exclusively by the members and the proceeds are used
exclusively for non-profit activities of the organization.
However, under the proposed Ordinance, a permit would be
required for members over the age of 18 involved in such
selling activities if they are going, without invitation, to
private residences.
(5) The duration of the permits will track the duration
of annual occupational licenses.
(6) Appeals will be to the Board of Adjustment in the
event of denial or revocation of a permit. Also, persons may
present information to the Building Official regarding the
basis for any claimed exemption.
(7) No permit is required for (i) conducting charitable,
religious, political or other non-commercial activities which
do not involve the sale of goods, wares, merchandise, personal
property or services, and (ii) persons requesting
contributions of funds for charitable, religious, political or
other non-commercial purposes. While these activities are not
included within the definition of peddler and solicitor, we
have added -an express exemption to avoid any possibility that
the proposed Ordinance could be misinterpreted to apply to
such activities. This is consistent with the current Code
which does not require a permit for such activities. It
should be noted that the Model Ordinance requires a permit for
persons going on private property to request contributions of
funds for political, charitable, religious or other non-
commercial activities.
(8) Specific penalties are now provided for violations
of the Ordinance.
The Honorable Mayor and City Commissioners
of the City of Ocoee
September 27, 1996
Page 4
The proposed Ordinance does require a permit for
charitable, religious, political and other non-commercial
activities undertaken by persons over the age of 18 who are engaged
in the sale of goods, wares, merchandise, personal property or
services. For example, a person going upon a private residence to
sell religious materials (or offer religious materials which are
only provided on the condition that a "donation" is made) would be
required to obtain a permit even if that person was also conducting
non-commercial religious activities in connection therewith. While
it is our opinion that a permit may lawfully be required under such
circumstances, Liberty Counsel may continue to challenge the
proposed Ordinance based upon this requirement. If the City
continues to require a permit for such activities, it is possible
that a court may ultimately be called upon to decide whether a
permit can be required. We believe that the proposed Ordinance
will withstand judicial scrutiny since a permit would not be
required if religious materials were unconditionally being
distributed and donations were being solicited in connection with
such distribution. Also, the Model Ordinance requires a permit for
religious groups soliciting donations and the proposed Ordinance is
more narrowly drafted.
Finally, as a result of recent events involving the
litigation brought by Liberty Counsel, the City Manager. has
requested that we review the legal authority of the City to require
an identification badge and impose reasonable restrictions (i.e. ,
prohibiting activities between 9: 00 p.m. and 9 : 00 a.m. ) for all
persons who propose to enter upon a private residence, without
invitation, for any purpose, including ' the conducting of
charitable, religious, political or other non-commercial activities
which do not require an occupational license or a peddlers or
solicitors permit under Section 119-27 of the City Code. Concerns
have been expressed regarding the need to provide a higher level of
security and protection for private residences being approached by
uninvited visitors. Any such ordinance would be unrelated to the
issuance of occupational licenses and the conducting of business
activities within the City. We are currently researching the legal
authority of the City with the goal of placing this subject on the
agenda for separate discussion at the City Commission meeting of
October 15th. We will not prepare an ordinance on this additional
subject unless first directed to do so by the City Commission.
The City Manager, Building Official and the Chief of
Police have reviewed the proposed Ordinance and, along with the
City Attorney, recommend its approval by the City Commission.
The Honorable Mayor and City Commissioners
of the City of Ocoee
September 27, 1996
Page 5
RECOMMENDATION:
It respectfully is recommended that the City Commission
adopt Ordinance No. 96-21 and authorize execution thereof by the
Mayor and City Clerk.
PER:dh
encl.
C:\WP51\DOCS\OCOE\MEMOS\ORDINA.MEM 1927/96 1 DEBBIEH I PER:dh
ORDINANCE NO. 96-21
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO SOLICITORS, PEDDLERS AND OPEN-AIR
VENDORS; AMENDING SECTION 119-3 OF THE OCOEE
CITY CODE BY ADOPTING NEW DEFINITIONS OF
PEDDLER AND SOLICITOR AND BY REPEALING THE
DEFINITION OF AGENT; REPEALING SECTION 119-27
OF THE OCOEE CITY CODE IN ITS ENTIRETY AND
ADOPTING A NEW SECTION 119-27 OF THE OCOEE
CITY CODE REGARDING SOLICITORS, PEDDLERS AND
OPEN-AIR VENDORS, SAID SECTION PROVIDING FOR
THE PROHIBITION OF CERTAIN ACTIVITIES, A
PERMIT APPLICATION, THE ISSUANCE, EXPIRATION
AND EXHIBITION OF PERMITS, DURATION AND
VALIDITY OF PERMITS, DENIAL AND REVOCATION OF
PERMITS, APPEALS, EXEMPTIONS FROM PERMIT FEES,
CLAIMS OF EXEMPTION AND EXEMPTIONS FROM
PERMITTING REQUIREMENTS AND PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee has
the authority to adopt this Ordinance pursuant to Article VIII of
the Constitution of the State of Florida and Chapter 166, Florida
Statutes.
SECTION 2 . The definitions of "agent" , "peddler" and
"solicitor" set forth in Section 119-3 of Chapter 119 of the Code
of Ordinances of the City of Ocoee, Florida are hereby repealed.
SECTION 3. Section 119-3 of Chapter 119 of the Code of
Ordinances of the City of Ocoee, Florida is hereby amended by the
addition of new definitions of "peddler" and "solicitor" as
follows:
1. Peddler means any person who goes upon the
premises of any private residence in the city,
not having been invited by the occupant
thereof, carrying or transporting goods,
wares, merchandise or personal property of any
nature and offering the same for sale. This
definition also includes any person who
solicits orders and as a separate transaction
makes deliveries to purchasers as part of the
scheme to evade the provisions of this
Chapter.
2 . Solicitor means any person who goes upon the
premises of any private residence in the city,
not having been invited by the occupant
thereof, for the purpose of taking or
attempting to take orders for the sale of
goods, wares, merchandise, or other personal
property of any nature for future delivery, or
for services to be performed in the future. .
This definition also includes any person who,
without invitation, goes upon private
property, to sell goods, wares, merchandise,
personal property or services for political,
charitable, religious, or other non-commercial
purposes.
SECTION 4. Section 119-27 of Chapter 119 of the Code of
Ordinances of the City of Ocoee, Florida is hereby repealed in its
entirety.
SECTION 5. A new Section 119-27 of Chapter 119 of the
Code of Ordinances of the City of Ocoee, Florida is hereby adopted
as follows:
§ 119-27. Solicitors, peddlers and open-air vendors.
A. Prohibitions. Subject to the provisions of Section 119-
27 .K hereof, it is unlawful for any individual solicitor
or peddler to:
(1) Enter the premises of a private residence when a
"No Solicitors" sign, or a sign with words of
similar import, is posted.
(2) Remain upon the premises of a private residence
after the owner or occupant requests the solicitor
or peddler to depart.
2
(3) Approach the back or rear doors or the sides or
rear of any private residence.
(4) Conduct the activities of a peddler or solicitor,
whether licensed or unlicensed, between the hours
of 9 : 00 p.m. and 9: 00 a.m.
• (5) Peddle or solicit in the city unless and until any
person so desiring to peddle or solicit shall have
complied with each and every of the applicable
terms and conditions of this section.
B. Permit required.
(1) Subject to the provisions of Section 119-27 .K
hereof, solicitors, peddlers and open-air vendors
who are eighteen (18) years of age or older shall
obtain from the Building Official a written permit
to conduct business within the city prior to
engaging in peddling, soliciting or open-air
vending activities within the city. This permit is
in addition to any occupational license which may
be required under the provisions of this Chapter.
(2) A peddler or solicitor who has a city occupational
license for another occupation category listed in
Section 119-5 shall be required to obtain a permit
under Section 119-27 .B(1) hereof, but shall not be
required to obtain an occupational license as a
peddler or solicitor so long as the peddling or
soliciting activities relate to the occupation
category for which the occupational license has
been issued.
(3) In addition to all other information required for
an occupational license, open-air vendors must also
provide the Building Official with specific
information regarding the location the open-air
vendor will have his goods, wares or merchandise
for sale and proof of the owner' s permission to use
the property, a description of the goods, wares or
merchandise, the number of days and the daily hours
the open-air vendor will be on the property selling
and other appropriate information as requested by
the Building Official on the application form.
C. Permit application; contents.
(1) Any person desiring to secure a permit required by
Section 119-27 .B hereof shall first make written
application to the Building Official on forms
3
provided by the Building Official, and such
application shall state at least the following:
(a) The name, local address, permanent address
if different from the local address, and age
of the applicant.
(b) If employed, the name and address of the
person by whom such applicant is employed or
who such applicant represents; or if acting
as an agent, the name and address of the
principal who is being represented, with
credentials in written form establishing the
relationship and the authority of the
employee or agent to act for the employer or
principal, as the case may be.
(c) If employed, the length of time such
applicant has been so employed.
(d) The place of residence and nature of
employment of the applicant during the
preceding year.
(e) The nature and character of the goods,
wares, merchandise, personal property or
services to be offered by the applicant and
the hours during which the applicant intends
to peddle or solicit.
(f) The personal description of the applicant.
(g) The federal employer identification number
or Social Security number of the applicant.
(h) A statement as to whether or not the
applicant has been convicted of a felony,
misdemeanor or ordinance violation involving
a sex offense, trafficking in controlled
substances, or any violent acts against
persons or property, such conviction being
entered within the five (5) years preceding
the date of application.
(i) A statement as to whether or not a judgment
based upon, or conviction for, fraud, deceit
or misrepresentation has been entered
against the applicant or the applicants
employer within the five (5) years
immediately preceding the date of
application.
4
(j ). If applicable, the number of the valid City
of Ocoee occupational license and the name
issued to.
(k) Description and license number of vehicle to
be used in connection with the soliciting or
peddling activities within the city.
(2) Each application shall be also accompanied by a
photograph of the applicant and, except as provided
in Section 119-27.I, a non-refundable application
permit fee in the amount of $5. 00.
(3) The applicant shall also be required to show proof
of the applicant's age, address and identification
through the applicant's driver's license or other
legally recognized form of identification.
D. Issuance; expiration; exhibition of permit.
(1) Upon receipt of an application, the Building
Official, or his authorized representative, shall
review the application and shall endorse his
approval on the application and shall deliver the
required permit to the applicant unless there is a
basis to deny the permit under the provisions of
Section 119-27 .F hereof.
(2) The permit shall show the name, address and
photograph of the permittee, the kind of goods,
wares, merchandise, personal property or services
to be sold or delivered, the date of issuance, and
the length of time that the permit shall be in
effect. The permit shall also show the permit
number and identifying description of any vehicle
to be used in carrying on the business for which
the permit is issued.
(3) The permit shall be worn by the permittee in such a
way as to be conspicuous at all times while the
permittee is soliciting or peddling in the city.
E. Duration and validity.
(1) All permits issued pursuant to this section shall
be valid for the twelve-month period beginning on
October 1 of each year and ending on September 30
of the following year.
(2) A permit issued pursuant to this section is not
transferable. When a permittee changes employers
his permit is automatically voided.
5
F. Denial of Permit.
(1) Upon review of the application, the Building
Official may deny a permit to the applicant under
this Section for any of the following reasons:
(a) An investigation reveals that the applicant
falsified information on the application;
(b) The applicant has been convicted of a
felony, misdemeanor or ordinance violation
involving a sex offense, trafficking in
controlled substances, or any violent acts
against persons or property, such conviction
being entered within the five (5) years
preceding the date of application;
(c) The applicant or the applicants employer is
a person against whom a judgment based upon,
or conviction for, fraud, deceit or
misrepresentation has been entered within
the five (5) years immediately preceding the
date of application;
(d) There is no proof as to the authority of the
applicant to serve as an agent to the
principal; or
(e) The applicant has been denied a permit under
this section within the immediate past year,
unless the applicant can and does show to
the satisfaction of the Building Official
that the reasons for such earlier denial no
longer exist.
(2) The Building Official 's denial and the reasons for
denial shall be noted on the application, and the
applicant shall be notified that the application is
denied and that no permit will be issued. Notice
shall be mailed to the applicant at the address
shown on the application form, or at the
applicant' s last known address.
G. Revocation of permit.
(1) Permits issued as provided in this section may be
revoked by the Building Official, after notice and
hearing, for any of the following offenses:
(a) Fraud, misrepresentation or a false
statement in the application.
6
(b) Fraud, misrepresentation or a false
statement in the conduct of business.
(c) Violation of any condition, provision or
qualification provided in the application.
(d) Conviction, nolo contendere plea or
forfeiture resulting from or involving a sex
offense, trafficking in controlled
substances, or any violent acts against
persons or property or a judgment based upon
fraud, deceit or misrepresentation.
(e) Any violation of this section.
(f) Conducting business in an unlawful manner or
in such manner as to threaten a breach of
the peace or menace, public health, safety
or welfare.
(2) Written notice of revocation, and the grounds
therefor, shall be mailed to a permittee at least
five (5) days before the date set for a hearing.
Such notice shall be mailed to the applicant at the
address shown on the application form, or at the
applicant' s last known address.
H. Appeals. An applicant denied a permit or a holder of a
revoked permit aggrieved by the action of the Building
Official may appeal to the Board of Adjustment by filing
a written statement with the City Clerk within fourteen
(14) days after notice of denial or revocation has been
mailed to the applicant. The Board of Adjustment shall
set a time and place for hearing and its decision shall
be final.
I. Exemptions from permit fee. A solicitor or peddler shall
not be required to pay the application fee set forth in
Section 119-27 .0 if the solicitor or peddler (i) intends
to peddle or solicit on behalf of a religious
institution, educational institution or charitable
institution, as defined in Section 119-3 , or (ii) is
exempt from the requirement to obtain an occupational
license pursuant to the provisions of Section 119-6.C;
provided, however, that the foregoing shall not create an
exemption from the permitting requirements set forth in
Section 119-27.B.
•
J. Claims of Exemptions. Any persons claiming to be legally
exempt from the permitting requirements of this section
shall cite to the Building Official the statute or other
legal authority under which the exemption is claimed and
7
shall present to the Building Official proof of
qualification for such exemption.
K. Exemptions. This section is not intended to and shall
not be construed to require a permit for or prohibit a
person from going to any private residence in the city
for the purpose of (i) conducting charitable, religious,
political or other non-commercial activities so long as
such activities do not involve the sale or the taking of
orders for the sale of any goods, wares, merchandise,
personal property or services, or (ii) requesting
contributions of funds or anything of value for
charitable, religious, political or other non-commercial
purposes.
L. Penalty. Any person violating any provision of this
section shall, upon conviction, be punishable as provided
in Section 1-12 of Article II of Chapter 1, General
Provisions, of the Code of the City of Ocoee. Each day
such violation is committed or permitted to continue
shall constitute a separate offense.
SECTION 6. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 7. Codification. It is the intention of the
City Commission of the City that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City; and that sections of this Ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "chapter" ,
"section", "article", or such other appropriate word or phrase in
order to accomplish such intentions; and regardless of whether such
inclusion in the code is accomplished, sections of this Ordinance
may be renumbered or relettered and the correction of typographical
8
errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION S. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1996.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 1996
READ FIRST TIME
1996
READ SECOND TIME AND ADOPTED
, 1996
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1996 .
FOLEY & LARDNER
By:
City Attorney
C:\WPS I\DOCS\OCOE\PEDDLERS.ORD I9R7196'DEBRIEF!I PER:dH
9
§ 119-1 OCOEE CODE § 119-3
§ 119-28. Home occupational licenses.
[HISTORY: Adopted by the City Commission of the City of Ocoee
8-15-1995 by Ord. No. 95-20.1 Amendments noted where applicable.]
GENERAL REFERENCES
Land development regulations—See Ch. 180.
§ 119-1. Levy of tax.
The City of Ocoee hereby levies an occupational license tax upon every
person exercising the privilege of engaging in or carrying on any business,
profession or occupation within the city and authorizes the issuance of
occupational licenses as authorized by Chapter 205 of the Florida Statutes or
any successor provision thereto.
§ 119-2. Engaging in business without license.
It shall be unlawful for any person to engage in any business, occupation or
profession within the city without a license issued hereunder or upon a license
issued upon false statements made by any person or on behalf of such person.
In any prosecution under this section, the fact that such person is conducting
such business shall be prima facia evidence of a violation hereof.
§ 119-3. Definitions.
For the purpose of this chapter, the following words shall have the meanings
ascribed to them in this section unless the context requires otherwise:
AGENT— A person engaged in a house-to-house canvass,
demonstrating or taking orders for any goods, wares or merchandise
or taking orders from samples where goods are to be delivered later in
the same manner, not in interstate commerce. Goods, wares and
merchandise, as used in this chapter, shall be held to include a
1 Editor's Note:This ordinance also repealed former Ch. 119,Occupational Licenses,adopted 6-20-1995 by Ord. No.
95-18.
11902 5—1—96
§ 119-3 OCCUPATIONAL LICENSES § 119-3
photograph and coupons or tickets good in whole or in part for a
photograph or other merchandise.
BUILDING OFFICIAL— The Building Official of the City of Ocoee or
his designee.
CHARITABLE INSTITUTIONS — Nonprofit corporations operating
physical facilities in Florida at which are provided charitable services, a
reasonable percentage of which shall be without cost to those unable
to pay.
EDUCATIONAL INSTITUTIONS — State tax-supported or parochial,
church and nonprofit private schools, colleges or universities
conducting regular classes and courses of study required for
accreditation by or membership in the Southern Association of
Colleges and Schools, Department of Education or the Florida Council
of Independent Schools. Nonprofit libraries, art galleries and museums
open to the public are defined as "educational institutions" and eligible
for exemptions.
EMPLOYEE — All full-time or part-time personnel, including
nonprofessionals, principals and partners, contract workers,
subcontractors and consultants who worked for the business,
occupation or profession during the prior twelve-month period
beginning on May 1 of the previous calendar year and ending on April
30 of the current calendar year. Issuance of a paycheck shall be
conclusive evidence that an individual is an employee.
INVENTORY— Only those chattels consisting of items commonly
referred to as "goods, "wares" and "merchandise" which are held for
sale or lease to customers in the ordinary course of business,
including supplies and raw materials to the extent that they are
acquired for sale or lease to customers in the ordinary course of
business or will physically become a part of merchandise intended for
sale or lease to customers in the ordinary course of business. All
livestock shall be considered "inventory." Items of inventory held for
lease to customers in the ordinary course of business, rather than for
sale, shall be deemed "inventory" only prior to the initial lease of such
items.
LICENSE TAX CERTIFICATE and LICENSE CERTIFICATE — The
certificate or document to be issued by the Building Official evidencing
11903 5-1-96
§ 119-3 OCOEE CODE § 119-3
payment of the license tax initially imposed and required for the
issuance thereof.
LICENSE YEAR or YEAR — The twelve-month period beginning on
October 1 of each year and ending on September 30 of the following
year.
MERCHANDISE — Any goods, wares, commodities or items more
specifically enumerated hereinbelow bought, sold or rented in the
usual course of business or trade.
MERCHANT— Any person engaged in the business of selling
merchandise at retail or wholesale. For the purpose of this chapter, the
term "merchant" shall not include the operators of bulk plants or
service stations engaging principally in the sale of gasoline and other
petroleum products; those conducting distress sales; installation
contractors; operators of manufacturing or processing plants selling
only the products manufactured or processed therein; milk and dairy
product distributors; sellers of motor vehicles; peddlers of fuel oil,
gasoline, LP gas or produce; and operators of restaurants, cafes,
cafeterias, caterers or hotels.
NUMBER OF EMPLOYEES — Determined by adding the total number
of paychecks issued for all full-time and part-time personnel, inclusive
of nonprofessionals, principals and partners, contract workers,
subcontractors and consultants who worked for the business,
occupation or profession during the prior twelve-month period
beginning May 1 of the previous calendar year and ending on April 30
. of current calendar year. A new business shall be taxed based on the
number of employees as of opening day who are entitled to receive
paychecks.
OPEN-AIR VENDOR — Any person who has goods, wares or
merchandise for sale in a commercial zone in a location which is not
completely enclosed.
PEDDLER — A person who sells goods, wares or merchandise and
the goods, wares or merchandise are not sold in original packages in
interstate commerce but at retail, in small quantities, by means of
house-to-house or place-to-place canvass.
PERSON — Any individual, firm, partnership, joint venture, syndicate
or other group or combination acting as a unit, association,
corporation, estate, trust, business trust, trustee, executor,
11904 5-1-96
§ 119-3 OCCUPATIONAL LICENSES § 119-4
administrator, receiver or other fiduciary, and includes the plural as
well as the singular.
REGISTERED VEHICLE — Any motor vehicle as defined in Chapter
320, Florida Statutes, used in connection with or in furtherance of any
business, profession or occupation.
RELIGIOUS INSTITUTION — Churches and ecclesiastical or
denominational organizations or established physical places for
worship at which nonprofit religious services and activities are
regularly conducted and carried on, and shall also mean church
cemeteries.
RETAIL MERCHANT— Any merchant who sells to the consumer for
any purpose other than resale, provided that sales to manufacturers
and sales to the United States government or the State of Florida or
any of their political subdivisions shall be considered wholesale sales.
SALE — The transfer of ownership or title or possession, transfer,
exchange or barter, whether conditional or otherwise, for
consideration.
SOLICITOR —Any agent or peddler who is otherwise permitted to do
business in the city whether or not such agent or peddler is engaged
in interstate commerce, and shall include all servicemen or repairmen
who engage in any activity as an agent or peddler, as defined in this •
section.
WHOLESALE MERCHANT— Any merchant who sells to another for
the purpose of resale.
§ 119-4. Conditions of payment of tax.
A. License taxes required under the provisions of this chapter shall
become due and payable on September 30 of each year unless
otherwise provided in this chapter.
B. Unless otherwise provided in this chapter, a business, occupation or
profession first commencing operation after April 1 and before
October 1 may obtain a license upon payment of one-half (1/2) of the
annual license fee imposed upon such business, occupation or
profession under § 119-5 hereof. Businesses, occupations and
professions commencing operations before April 1 and after
•
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§ 119-27 OCOEE CODE § 119-27
§ 119-27. Peddlers, solicitors and itinerant vendors.
A. Prohibitions. It is unlawful for any individual solicitor, agent or peddler
to:
(1) Enter the premises of a private residence or business
establishment for the purpose of selling or soliciting orders for
goods, wares or merchandise, personal services or information
when a "No Solicitors" sign is posted.
(2) Remain upon any premises after the owner or occupant requests
the solicitor to depart.
(3) Approach back or rear doors or the sides or rear of residential
premises.
• B. Permit required.
(1) In addition to the occupational license required by § 119-5,
agents, peddlers, canvassers, solicitors and open-air vendors shall
obtain from the Chief of Police a written permit to conduct
business within the city.
(2) In addition to all other information required for an occupational
license, open-air vendors must provide the Building Official with
specific information regarding the location the vendor will have
his wares for sale and proof of the owner's permission to use the
property, a description of the goods, wares or merchandise, the
number of days and the daily hours the vendor will be on the
property selling and other appropriate information as requested
by the Building Official.
C. Permit application; contents.
(1) Any person desiring to secure a permit required by Subsection B
hereof shall first make written application to the Chief of Police
on forms provided by the city, and such applications shall state at
least the following:
(a) The name and address of the applicant.
(b) The name and address of the person by whom such applicant
is employed or who such applicant represents.
(c) The length of time such applicant has been so employed.
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§ 119-27 OCCUPATIONAL LICENSES § 119-27
(d) The place of residence and nature of employment of the
applicant during the preceding year.
(e) The nature and character of the goods, wares, merchandise
or services to be offered by the applicant.
(f) The personal description of the applicant.
(g) Permit fee as required by § 119-5.
(h) The federal employer identification number or Social Security
number of the applicant.
(2) Such application shall be also accompanied by credentials and
other personal references and identification as may be reasonably
required by the City Commission, including fingerprinting and
photographing.
D. Issuance; expiration; exhibition of permit. If, upon investigation
reasonably made, the Chief of Police ascertains and determines that
the applicant for a permit required by Subsection B is a person of good
moral character and proposes to engage in a lawful, commercial or
professional enterprise, the Chief of Police shall then issue the permit.
Such permit shall be worn at all times by the applicant to whom issued
when soliciting or canvassing in the city and shall be exhibited by any
such applicant whenever requested so to do by any police officer, city
official or any person solicited.
E. Revocation of permit. All permits issued shall be conditioned upon
compliance by the permittee with the Charter and Code of the city. For
violation thereof the permit shall, be suspended or revoked in the
manner prescribed.
F. Door-to-door peddlers and solicitors; compliance required. It shall be
unlawful for any person to peddle, solicit and/or canvass from door to
door and/or to any homes, residences or business establishments in
the city unless and until any person so desiring to peddle, solicit or
canvass shall have complied with each and every of the terms and
conditions of Subsections C through E.
G. Exemptions from permit fee. All religious institutions, educational
institutions and charitable institutions defined in § 119-3 are not
required to pay a permit fee but are required to obtain a permit as
required in Subsections A through F.
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