§ 32-50. Solicitation.

(a)

Definitions. The following words and terms, when used in this section shall have the following meaning, unless the context clearly indicates otherwise.

(1)

Canvasser. An individual who goes from place to place, including private property and private residences, without an invitation from the owner or occupant, for the purpose of asking for votes, opinions, signatures, membership, etc., or distributing or dispersing information, data, opinions, messages, etc. Canvassers also include persons who seek to obtain funds, contributions or donations as a secondary purpose to their canvassing.

(2)

Residence. One or more rooms arranged for residential use containing cooking, living, sanitary and sleeping facilities and physically separated from any other rooms or dwelling units which may be in the same structure.

(3)

Exempt organization identification. Identification card, business card or other documentation, including printed information on the order sheet, sales receipt, invoice or on the goods being offered for sale, which identifies the exempt organization on whose behalf the hawking, peddling or transient merchant sales are being conducted with sufficient specificity to enable follow-up verification by the parish of the organization's tax exempt status.

(4)

Exempt organizations. Tax-exempt, nonprofit, charitable, religious and educational organizations pursuant to Section 501(c) of the Internal Revenue Code or tax-exempt political organizations under Section 527 of the Internal Revenue Code as it may be amended from time to time. Exempt political solicitors also include candidates for public office, members of a candidate's election committee or persons working on behalf of a candidate or any political issue, including without limitation, any ballot item at a forthcoming election.

(5)

Regulated activity. Going from place to place:

a.

Advertising or selling any product, service or procuring orders for the sale of merchandise or personal services for future delivery or future performance; or,

b.

Seeking donations of money or property on behalf of any person, organization or cause; and,

c.

Including the door-to-door activity of canvassers and exempt organizations.

(6)

Parish. The Parish of Caddo except for those portions which are contained within a municipality.

(7)

Solicitor. An individual who goes from place to place, including private property and private residences, without an invitation from the owner or occupant, for the purpose of:

a.

Advertising, promoting, selling, leasing, installing or explaining any product, service, organization or cause; and

b.

Seeking donations of money or property on behalf of any nonprofit, political or educational organization or for the purpose of procuring orders for the sale of merchandise or personal services for future delivery or future performance, whether or not the individual has a sample of the merchandise or is collecting advance payments for the orders.

Solicitor shall also include the activity which has as its ultimate purpose the obtaining of orders.

(b)

License required. No individual shall engage in the regulated activity within the parish without first being duly licensed in accordance with this section.

(c)

Exceptions. Individuals engaging in canvassing shall not be required to be licensed pursuant to this section but must have on them at all times while canvassing some form of exempt organization identification as defined in this section. Individuals who are going door to door on behalf of an exempt organization shall not be required to be licensed pursuant to this section but must identify the exempt organization to the occupant of the residence.

(d)

License application. An applicant for a license pursuant to this section shall provide the following information to the Parish of Caddo Finance Department at least ten business days before the regulated activity is to commence within the parish:

(1)

Name and physical description of the applicant;

(2)

Complete home and business address of the applicant;

(3)

A brief description of the proposed solicitation and the merchandise or service to be solicited;

(4)

The dates and hours of the day during which the solicitation will be conducted;

(5)

Name and permanent physical and mailing address of the firm or business on whose behalf the orders are solicited, together with credentials establishing the applicant's relationship to the firm or business;

(6)

Whether or not the applicant has been convicted of any crime other than traffic violations; the nature, time and location of each such offense; and the punishment or penalty imposed;

(7)

The last localities, not exceeding five, where the applicant conducted the solicitation immediately preceding the date of the application and where within those areas the activity took place;

(8)

Make, model, year, color and state license number of each motor vehicle to be used in connection with the proposed solicitation;

(9)

Date of birth, and, if the applicant is of sufficient age, a state driver's license or identification card number of the applicant;

(10)

The name, location, and telephone number of the nearest supervisor or manager overseeing the solicitation in the parish;

(11)

Whether the applicant or the firm employing the applicant has been the subject of an investigation by a consumer protection agency or law enforcement agency, and the dates and outcome of such an investigation;

(12)

A recent photograph of the applicant depicting the head and shoulders of the person in a clear and distinguishable manner;

(13)

An executed consent form authorizing the release of criminal history information for the applicant;

(14)

Whether the applicant or any officer, partner or subcontractor of the applicant has previously had a business license or registration denied, revoked or suspended by any governmental unit, identifying that governmental unit;

(15)

The names, addresses and telephone numbers of any installer or subcontractor involved in the installation, monitoring or operation of the merchandise to be sold, leased or installed by the applicant.

(e)

License fees. Fees shall be charged for the licensing of solicitors as set forth in section 35-1 of this Code and paid in full before the application for a license is considered to cover the cost to the parish of processing the application.

(f)

License application verification. Applications for a license under this section shall be submitted to the Parish of Caddo Finance Department. That department is authorized to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant.

(g)

License application consideration. No later than five working days after the submission of a fully completed license application, the parish shall accept or deny the license application in accordance with this section. If the application is denied, the department shall notify the applicant in writing. The written notice shall be mailed to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within 20 days of receipt of the notice by the applicant, to request an appeal of the adverse determination to the parish commission. If an appeal to the parish commission is timely received, the hearing before the parish commission shall take place within 45 days of the receipt of the appeal by the issuing authority.

(h)

Persons ineligible for a license. No license shall be granted if the applicant:

(1)

Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States;

(2)

Is not legally allowed to work under federal or state child labor laws;

(3)

Has been convicted of a crime of violence or domestic abuse which has not been expunged or for which a pardon has not been granted;

(4)

Has been the subject of an investigation by a consumer protection agency or law enforcement office and such investigation has indicated a pattern of disregard of consumer rights in the conduct of the business;

(5)

Has had a registration, license and/or identification card for solicitation revoked by the parish or any other governmental body within three years before the application date;

(6)

Has been denied a registration or license for solicitation by the parish or any other governmental body because of circumstances which occurred within three years before the application date;

(7)

Has violated, or is currently affiliated with a firm that has violated any provision of this section within three years before the application date, or has violated any provision of this section during the application period pending issuance of the license;

(8)

Has knowingly falsified or misrepresented information on the license application; or

(9)

Owes taxes or assessments to the state, parish, city, or other political subdivision that are due and delinquent.

(i)

Restrictions on solicitation.

(1)

Valid license required. No person shall engage in the regulated activity within the parish unless the person is carrying a valid parish solicitation license and identification card identifying the person.

(2)

Transfer of license prohibited. A licensed solicitor shall not transfer his or her license and identification card to another individual.

(3)

Use of license. A licensed solicitor shall not use a license and identification card issued to someone other than that individual.

(4)

Purpose of license. The license and identification card shall be displayed only while engaging in the regulated activity within the parish and shall be used for no other purpose and in no other location. A licensed solicitor must display the parish-issued license and identification card upon the request of any person solicited.

(5)

Effect of no trespassing signs. No solicitor or canvasser shall go onto private property for the purpose of engaging in the regulated activity when there are signs prominently posted indicating that trespassing is prohibited or when there are placards prohibiting solicitors in compliance with this section.

(6)

Health or safety hazards. No solicitor or canvasser shall engage in the regulated activity in a manner that creates a health or safety hazard.

(7)

Untruthful statements prohibited. No solicitor or canvasser shall make untrue statements to the people contacted regarding the purpose of the contact or the goods and services offered.

(8)

Effect of registration card. A licensed solicitor or canvasser shall not make statements to individuals he or she contacts indicating or implying that the parish license and identification card constitutes an endorsement of their activities or products by the parish.

(9)

Hours of solicitation. No solicitor shall engage in the regulated activity at any residence between the hours of 7:00 p.m. and 10:00 a.m.

(10)

Compliance with state and federal laws. All solicitors or canvassers and their affiliated firms or organizations shall obey all state and federal laws and regulations.

(11)

Aggressive sales techniques. No solicitor or canvasser shall enter any individual residence without the express permission of its owner or occupant. All solicitors must refrain from aggressive sales tactics and must immediately cease solicitation and depart the private property of another upon demand of the owner, occupant or any agent thereof and not return to the premises for a period of 30 days unless expressly invited back by the owner or occupant. A solicitor or canvasser must conduct the regulated activity in a reasonably courteous manner at all times, and must not engage in offensive, obscene or abusive language.

(12)

Panhandling. No solicitor or canvasser shall solicit contributions of money or property other than in exchange for merchandise or personal services or on behalf of a nonprofit, religious, political or charitable organization.

(j)

License period. A license issued pursuant to this section is valid for six months from the date of issuance. A separate, original application shall be completed and approved pursuant to this section if the regulated activity is to continue beyond six months. The fees will not be prorated for periods of less than six months.

(k)

Sanctions for license violations. Suspension or revocation of license. The parish commission may suspend or revoke a license issued pursuant to this section for a violation of:

(1)

Fraud, misrepresentation or false statement contained in an application or a renewal application;

(2)

Fraud, misrepresentation or false statement made in the course of carrying on the licensed occupation or business;

(3)

Any violation of this section or state law;

(4)

A licensee's criminal conviction provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business; or

(5)

Conducting the business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community.

(l)

Notice and hearing. A revocation or suspension by the parish commission shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application.

(m)

Placard prohibiting solicitors. Any individual who wishes to exclude solicitors or canvassers from a residence occupied by the individual may prominently place upon or near the entrance to such residence a printed placard or sign bearing a notice indicating that solicitors are prohibited. No solicitor shall enter upon any premises, ring any doorbell or knock on any door where a placard or sign is posted, unless the solicitor has been previously invited by the individual occupying the residence.

(n)

Penalty. A violation of this section shall be punishable as a violation of the Code of Ordinances as provided in section 1-8. However, nothing in this section shall be construed to limit the parish's other available legal remedies for any violation of the law, including without limitation, licensing sanctions, criminal, civil and injunctive actions. In addition, violations or failure to pay civil fines may result in future license ineligibility.

(Code 1985, § 15-6.1; Ord. No. 4765, 5-8-2008; Ord. No. 5604 , 8-18-2016; Ord. No. 5623 , 10-6-2016)