§ 40-4. Registration requirements for door-to-door solicitation.

(a)

Registration. All persons desiring to engage in soliciting at residences in the city shall apply to the city for a monthly certificate of registration. The certificate, executed by the city clerk or his designee, shall be maintained by the city clerk and a legible copy shall be carried by the registrant at all times while soliciting. The fee charged for the monthly certificate of registration shall be paid in cash or cash equivalent and shall be in an amount as established by the city council from time to time. Upon request for inspection by an occupant of a residence, a police officer or a city license and tax examiner while the registered solicitor is transacting his business or seeking to transact his business at any residence, the registrant shall show his copy of the registration certificate. In addition to the registration fee, all other city ordinances levying business license fees and other license fees and taxes are applicable, including chapter 28 pertaining to business licenses, requiring commercial solicitors or transient vendors to obtain a business license.

(b)

Application for certificate. The city shall provide a standard form for use for registration of solicitors. The applicant for the registration certificate shall state in writing upon his oath or affirmation that the information is truthfully provided to the best of his knowledge and belief. The applicant shall supply with or upon the registration form the following information:

(1)

The applicant's true, correct, and legal name and the name of the organization for which he will be soliciting.

(2)

Address and phone number of the applicant's home and place of business.

(3)

The names and addresses of the corporate officers or the partners and the managers, if any, of the entity for which the applicant will be soliciting.

(4)

The purpose for which soliciting will be done.

(5)

A brief description of the method of presentation that will be made.

(6)

Whether a permit, license, or certificate of registration from any city in connection with soliciting has ever been revoked, explaining the circumstances.

(7)

A statement as to whether or not the applicant has ever been convicted of a misdemeanor or a felony.

(8)

Documentation that the person is authorized to solicit for the organization.

(9)

Two passport-sized photographs taken within 60 days of application.

(c)

Nonendorsement. In addition, the applicant shall certify on the application form that if his registration is granted, he will not state, imply, or represent to any person that the issuance of the certificate is an endorsement by the city of the product, service, solicitor, or the organization represented by the solicitor.

(d)

Proof of identification required. No certificate of registration shall be issued except upon proof of identification, including a photograph of the applicant, in one of the following forms:

(1)

A valid driver's license of any state in the United States.

(2)

A valid United States uniform service identification.

(3)

A valid passport.

(4)

A valid identification issued by any agency of a state for the purpose of identification of the holder.

(e)

Registration complete with issuance. Registration shall be complete when the city issues the certificate of registration, which shall be issued within two days of the submittal of a complete application and the required fee unless the city clerk or the clerk's designee finds one or more of the following:

(1)

That the applicant has, within the previous five years, been convicted of a felony or a misdemeanor involving an offense under chapter 6 ("offenses involving danger to the person"), chapter 7 ("offenses involving property damage and trespass"), chapter 8 ("offenses involving theft"), and/or chapter 9 ("forgery and fraudulent practices") of the Alabama Criminal Code or of comparable criminal laws of another state;

(2)

That any information provided on the application is untrue;

(3)

That the applicant has failed to provide the required identification;

(4)

That the applicant or organization on whose behalf he is soliciting has failed to purchase a business license.

(f)

Form of certificate. Each certificate shall be numbered, shall list the name of the individual solicitor and of all organizations on whose behalf he is authorized to solicit, shall have attached thereto a photograph of the applicant, the date on which the certificate will expire, and shall be dated and signed by the city clerk or his designee.

(g)

Maintenance of registry. The city shall maintain, available for public inspection during normal business hours, a record of every application received and acted upon, together with any information pertaining thereto, all certificates of registration issued, and all denials of applications. Each application shall be numbered in consecutive order as filed, and each certificate issued shall be assigned a number exclusive to the registrant. The registry that is available to the public shall not include the registrant's home address nor shall it include a copy of any identification document that bears a home address, social security number of state drivers' license number.

(h)

Expiration. Certificates shall be valid for one month and shall expire at 5:00 p.m. on the date one month from the date of issuance.

(i)

Nontransferability. Certificates of registration shall be issued only in the name of the applicant and the firms, corporations or associations on whose behalf he is authorized to solicit. Each natural person soliciting must obtain a certificate of registration. Certificates shall be nontransferable. It shall be a violation for a solicitor whose certificate authorizes soliciting on behalf of a firm named in the certificate to solicit on behalf of any other firm, organization, or association or for any purpose other than that specified on the application.

(Ord. No. 2010-04, § 4, 7-26-2010)