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2023-12 Code Amendment - Peddlers or Solicitors(' ORDINANCE NO. 2023-12 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES; AMENDING ARTICLE II, "LOCAL BUSINESS TAX," BY AMENDING SECTION 17-33, "BUSINESS TAX SCHEDULE," TO REMOVE THE ANNUAL TAX FOR CANVASSERS AND SOLICITORS; AMENDING ARTICLE VIII, "PEDDLERS AND SOLICITORS," BY AMENDING SECTION 17-88, "LIMITATION ON HOURS FOR PEDDLING OR SOLICITATION," TO MODIFY THE PERMISSIBLE HOURS AND SECTION 17-90, "NOTICE BY PROPERTY OWNERS," TO CLARIFY THE ENFORCEMENT ON PRIVATE PROPERTY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council wishes to revise its regulations governing the regulation of peddlers and solicitors to comply with current legal requirements applicable to such activities, namely, removal of the requirement for payment of a business tax; extension of the hours during which such activities are permitted; and removal of Village enforcement of association rules prohibiting such activities; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article II, "Local Business Tax," of Chapter 17, "Licenses and Miscellaneous Business Regulations," of the Village Code of Ordinances by amending Section 17-33 to read as follows (deleted language str-ieke +b,,.,,,gh : Sec. 17-33. Business tax schedule. The amount which shall be paid by the several firms, persons or associations engaging in or managing businesses, professions, or occupations for which a receipt is required is hereby fixed as follows: RETAIL TRADE Page 1 of 6 Non -store retail Solicitor/canvasser each: Each solicitor/canvasser ... $115.50 Section 3. The Village Council hereby amends Article VIII, "Peddlers and Solicitors," of Chapter 17, "Licenses and Miscellaneous Business Regulations," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language s rieke +h,.,,,,gh : ARTICLE VIII. PEDDLERS AND SOLICITORS Sec. 17-81. Purpose. The purpose of this article is to protect the citizens of the village and their property by adequately investigating the character and responsibility of itinerant merchants and peddlers traveling from house to house soliciting services and goods and to preserve peace and tranquility for village residents. Sec. 17-82. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Peddler shall mean any itinerant or traveling vendor or trader who carries goods, merchandise or personal property with him and travels about the village for the purpose of selling same to purchasers at their homes or in public places within the village. This definition shall not include vendors who sell their goods from a fixed place of business within the village. Solicitor shall mean any individual, whether a resident of the village or not, traveling by foot, motor vehicle or other conveyance from place to place or house to house in taking or attempting to take orders for the sale of goods, merchandise, personal property of any kind or nature for future delivery, or for services either furnished or to be furnished in the future, whether or not any advance payment for such sales or service is being collected. As used in this article, the terms peddler and solicitor shall not include: (1) individuals engaged in the sale of goods or services who meet with village residents by appointment at the request of the resident; or (2) residents under the age of sixteen (16) selling cookies, candy, lemonade or similar items. Page 2 of 6 Sec. 17-83. Permit required. It shall be unlawful for any peddler or solicitor to engage in such business or activity within the corporate limits of the village without first obtaining a permit pursuant to this article. Sec. 17-84. Application for permit or license. (a) Applicants for issuance of a permit pursuant to this article must file with the community development director a sworn application in writing, which shall be accompanied by the application fee established by the village council. The application shall, at a minimum, include the following information: (1) Applicant's name, permanent address and local address (if different); (2) Applicant's age, sex, height, weight and other identifying characteristics; (3) Brief description of the nature of the business and the goods or services to be sold; (4) Name and address of the applicant's principal or employer organization, together with credentials establishing the relationship between the applicant and the applicant's principal or employer; (5) Length of time desired for conducting business (not to exceed one year); (6) Place where the goods or merchandise involved are produced, stored or located, and proposed method of delivery; (7) A current photographic likeness of the applicant sufficient to establish identification; (8) The license tag number and description of any vehicle to be used by the applicant; (9) Whether the applicant has been convicted of a crime and if so, the nature of the crime; (10) Written authorization for the village to conduct a background check; and (11) Written statement that the applicant will observe and comply with the provisions of this article. Page 3 of 6 (b) An applicant who has been adjudicated guilty or pled nolo contendere to any of the following offenses shall be prohibited from peddling or soliciting within the village: (1) Any felony involving violence, regardless of the time elapsed; (2) Any crime against children, regardless of the time elapsed; (3) Any drug offense regarding possession with intent to distribute, regardless of the time elapsed; (4) Any felony conviction within the prior seven (7) years; and (5) Any conviction involving moral turpitude within prior seven (7) years. Sec. 17-85. Granting or rejecting application. The community development director shall consider each application for - a permit filed pursuant to this article and with the consent of the village manager shall either grant or reject such application and give prompt notice of such action to the applicant. Sec. 17-86. Permit not transferable. Permits issued pursuant to this article shall not authorize any person or persons, except the persons named in the permit, to engage in any peddling or solicitation. Permits are not transferable. Sec. 17-87. Display of permit. Every person issued a permit pursuant to this_ article shall have the permit on display and readily visible at all times while engaging in peddling or solicitation activities within the village eaffy the pefmit o his ^r her- per -son an shall pro per -son to whem he or she is exhibiting his or- her- goods or- selling or- attempting to seil Sec. 17-88. Limitation on hours for peddling or solicitation. No person holding a permit issued pursuant to this article shall engage in any solicitation or peddling on Sundays and shall only engage in such activities within the hours of 10:00 9:00 a.m. and 400 8:00 p.m. the remainder of week (except by appointment or invitation of the person or occupant of a residence), unless specific authorization to the contrary is first obtained from the community development director Page 4 of 6 C" Sec. 17-89. Prohibited practices. It shall be unlawful for any peddler to carry on his or her business by selling his wares by crying them out, blowing a horn, ringing a bell or using any loud or unusual noise or to offer them for sale to the public in any of the public streets, alleys or places within the corporate limits of the village. Sec. 17-90: Notice by property owners. It shall be unlawful for any person holding a permit issued pursuant to this article to approach the private residence of any person within the village which has been posted by a legible sign at or near the front entrance with words similar to "No Peddling" or "No Soliciting" or to remain on the premises of any residence within the village after having been requested to leave by the occupant. Where a hemeo- more or streets are privately owned, the asseeiati^„ owner may post a clearly legible sign at each entrance er to the privately owned street entering the pr-opor- neiindicating that peddling or soliciting is prohibited. Sec. 17-91. Age restrictions. (a) It shall be unlawful for any person under the age of fourteen (14) to engage in peddling or solicitation. (b) It shall be unlawful for any person under the age of eighteen (18) to engage in peddling or solicitation without direct supervision by a person at least eighteen (18) years of age. Direct supervision means that the supervising adult shall at all times have the minor in sight and shall in no event be more than one hundred (100) feet away. Sec. 17-92. Revocation of permit. If a permit holder fails to comply with the provisions of this article or the community development director subsequently determines that information set forth in the application was false or misleading, the community development director with the consent of the village manager may revoke the permit and give prompt notice of such action to the permit holder. Sec. 17-93. Appeal. Any person aggrieved by the action of the community development director or village manager in the denial or revocation of a permit as provided by this article shall have the right to appeal to the village council by filing written notice thereof with the village clerk within fourteen (14) days of such denial or revocation and setting forth the grounds for the appeal. The council shall set a time and place for hearing on such Page 5 of 6 �-� appeal and shall so notify the applicant, by mail, not less than five (5) days prior to such scheduled hearing. Sec. 17-94. Enforcement. The provisions of this section shall be enforced in accordance with section 1- 8 of this code. Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach. Section 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. Section 6. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 27TH DAY OF JULY, 2023. PLACED ON SECOND, FINAL READING ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 7 VILLAGE ATTORNEY Page 6 of 6 >T52023.