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Boulder Revised Code Home

1. Charter
2. Title 1 General Administration
3. Title 2 Government Organization
4. Title 3 Revenue and Taxation
5. Title 4 Licenses and Permits
1. Chapter 4-1 General Licensing Provisions
2. Chapter 4-2 Beverages License
3. Chapter 4-3 Auctioneer License
4. Chapter 4-4 Building Contractor License
5. Chapter 4-5 Circus, Carnival, and Menagerie License
6. Chapter 4-6 Contractor in the Public Right-of-Way License
7. Chapter 4-7 Dog License
8. Chapter 4-8 Electrical Contractor Registration
9. Chapter 4-9 Food Service Establishment and Food Vending Machine License (Repealed)
10. »Chapter 4-10 Itinerant Merchant License
11. Chapter 4-11 Mall Permits and Leases
12. Chapter 4-12 Repealed
13. Chapter 4-13 Mechanical Contractor License
14. Chapter 4-14 Mobile Home Park Permit and Mobile Home Installer's License
15. Chapter 4-15 Plumbing Contractor and Apprentice Plumber License
16. Chapter 4-16 Police Alarm Systems
17. Chapter 4-17 Secondhand Dealer and Pawnbroker License
18. Chapter 4-18 Street, Sidewalk, and Public Property Use Permits
19. Chapter 4-19 Taxi Driver License (Repealed)
20. Chapter 4-20 Fees
21. Chapter 4-21 Sign Contractor License
22. Chapter 4-22 Elevator, Dumbwaiter, Materials Lift, Escalator, and Moving Walk License
23. Chapter 4-23 Neighborhood Parking Zone Permits
24. Chapter 4-24 Parks and Open Space Parking Permits
25. Chapter 4-25 Fire Contractor License
26. Chapter 4-26 Cemetery Permits
27. Chapter 4-27 News Box Leases and Regulation
28. Chapter 4-28 Tree Contractor License
6. Title 5 General Offenses
7. Title 6 Health, Safety and Sanitation
8. Title 7 Regulation of Vehicles, Pedestrians, and Parking
9. Title 8 Parks, Open Space, Streets, and Public Ways
10. Title 9 Land Use Regulation
11. Title 10 Structures
12. Title 11 Utilities and Airport
13. Title 12 Human Rights
14. Title 13 Elections and Campaign Disclosures and Activities
15. Title 14 Arts
16. Index
17. Ordinances Pending Codification

Page Contents

• 4-10-1 Legislative Intent
• 4-10-2 Certain Sales Prohibited
• 4-10-3 License Required
• 4-10-4 License Application
• 4-10-5 Authority to Deny Issuance of License
• 4-10-6 License to Be Issued and Displayed
• 4-10-7 Term of License
• 4-10-8 Revocation and Suspension of License

Chapter 4-10: Itinerant Merchant License²³

4-10-1 Legislative Intent.

The purpose of this chapter is to protect the safety and welfare of the public by licensing persons who go door-to-door to sell goods or services and by prohibiting persons from going door-to-door to sell or solicit orders for the sale of goods or services for future delivery when the persons require a prepayment from the purchaser. Prohibiting such door-to-door solicitations is necessary to protect the residents of the city from fraud and misrepresentation. Licensure of all other persons going door-to-door to sell goods or services is also necessary to provide information about such sales persons to residents of the city and law enforcement officers. Nonprofit organizations with exemptions from federal income tax under 26 U.S.C. 501(c)(3) must obtain licenses, but will be exempt from any license fee and be granted perpetual licenses if they retain their federal tax exemptions and if they register the names of the people responsible for their sales personnel with the city manager at the beginning of each solicitation drive. Persons distributing information in the exercise of their first amendment rights and businesses such as newspaper and milk deliveries, trash collection, and linen services that are engaged in selling and delivering goods or services by vehicle over a fixed route from previous orders or on a regular schedule are exempt from the license requirement.

4-10-2 Certain Sales Prohibited.

No person in the city other than a nonprofit organization exempt from federal income tax under 26 U.S.C. 501(c)(3) shall go to any private residence to sell goods or services or solicit orders for the sale of goods or services for delivery at any subsequent time when such person requires a prepayment from the purchaser, without having been requested or invited to do so by the owner or occupant of the private residence.

4-10-3 License Required.

(a) No person shall sell merchandise or services or solicit orders for the sale and future delivery of merchandise or services on a door-to-door basis in the city without first obtaining a license from the city manager under this chapter.

(b) Nothing in this chapter shall be deemed to apply to any person engaged in the business of selling and delivering goods or services directly to residents of the city who usually employs a vehicle for such deliveries over a regularly defined route and ordinarily sells from orders previously placed with such residents or regularly delivered on a schedule.

(c) Nothing in this chapter shall be deemed to apply to any person engaged in distribution of information in the exercise of such person's First Amendment rights under the United States Constitution.

4-10-4 License Application.

(a) An applicant for a license under this chapter shall apply on forms furnished by the city manager that include the name, age, and address of the applicant; the names and addresses of all partners, if a partnership, or officers and directors and shareholders of more than ten percent of the stock, if a corporation, and all solicitors and sales personnel of the applicant; the types of goods or services sold or for which orders are taken; and the name and address of the supplier of goods or services to be delivered or furnished.

(b) Any applicant that does not have an exemption from federal income tax under 26 U.S.C. 501(c)(3) shall pay the fee prescribed by section 4-20-10, "Itinerant Merchant License Fee," B.R.C. 1981.

4-10-5 Authority to Deny Issuance of License.

(a) The city manager may deny an application for a license under this chapter upon a finding of any of the conditions prescribed by subsection 4-1-9(a), B.R.C. 1981, or upon a determination that:

(1) The applicant has had an itinerant merchant license revoked or suspended; or

(2) The applicant has previously failed to comply with the ordinances and regulations of the city relating to conducting any itinerant merchant business licensed by this code.

(b) If the city manager denies a license application under this section, the manager shall follow the procedures prescribed by subsection 4-1-9(b), B.R.C. 1981.

4-10-6 License to Be Issued and Displayed.

(a) When the applicant has complied with the requirements of this chapter, the city manager shall issue a license to the applicant and to each salesperson or solicitor named in the application that states the type of sale or solicitation; the individual solicitor's or salesperson's name; the license expiration date; and the fact that the person is licensed by the city to solicit orders or sell goods but that the city does not endorse the activity or goods sold in any way; and, if the licensee is exempt from the fee required by subsection 4-10-4(b), B.R.C. 1981, that the licensee is nonprofit.

(b) Each licensee under this chapter shall display the license at all times that the person is engaged in selling goods or soliciting orders in the city.

4-10-7 Term of License.

The license term is twelve months or such shorter term as the licensee requests and as is set forth on the face of the license.

4-10-8 Revocation and Suspension of License.

The city manager may suspend or revoke a license issued under this chapter for the grounds and under the procedures prescribed by section 4-1-10, "Revocation of Licenses," B.R.C. 1981.

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²³ Adopted by Ordinance No. 4637. Derived from Ordinance Nos. 2899, 3466.

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