Article II – Peddling and Soliciting

Division 1 – Solicitors

[Adopted 3-10-1978 as Ch. 15 of the 1978 Code (Ch. 137 of the 1993 Code)]

§ 11.2-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

SOLICITOR

A person who goes from door to door visiting multifamily or single-family dwellings for the following purposes:

A. To sell any goods, wares, merchandise or services or to accept subscriptions or orders therefor.

B. To accept or request donations for any charitable purpose.

§ 11.2-2 Registration required.

All persons, before entering into or upon residential premises within the County for the purpose of soliciting, shall register with the Sheriff and furnish him with the following information:

A. The name, local and permanent addresses, age, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant.

B. The nature or purpose for which solicitations will be made and the nature of the goods, wares, merchandise or services offered for sale.

C. The name and permanent address of the employer or organization represented.

D. A statement as to whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor, provided that in no case shall information be required to be disclosed regarding any arrest or criminal charge that has been expunged pursuant to § 19.2-392.3, Code of Virginia.

§ 11.2-3 Issuance of permit; term; display.

Upon furnishing the information required under § 11.2-2, the applicant shall be issued a permit, unless the information furnished in compliance with this article shows that the applicant has been convicted of a crime involving moral turpitude. A permit issued under this article shall be good for one year from the date of issuance, unless revoked. Permits issued hereunder shall be void upon conviction for a violation of this article. Every solicitor shall carry his permit with him at all times while engaged in soliciting and shall display the same to any person who shall demand to see the same while he is so engaged.

§ 11.2-4 Fee and license tax.

[Amended 7-12-1993]

A. A fee of $100 to cover the costs of investigation of the applicant and processing of the application shall be paid to the Sheriff when the application is filed and shall not be returnable under any circumstances. All such fees received shall be paid by the Sheriff to the County Treasurer for deposit in the County general fund.

B. In addition to the above-mentioned fee, a license tax of $500 shall be paid to the Treasurer.

§ 11.2-5 Prohibited acts.

No person shall:

A. Enter into or upon a residential premises in the County under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares, merchandise or services.

B. Remain in or on any residential premises after the owner or occupant has requested any such person to leave.

C. Enter upon any residential premises for soliciting when the owner or occupant has displayed a “No Soliciting” sign on such premises.

D. Engage in the practice of soliciting in the County without a permit as provided for in this article.

E. Knowingly give false information or fail to provide correct information in obtaining a permit.

§ 11.2-6 Exceptions.

The provisions of this article shall not apply to:

A. Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof.

B. Members or representatives of any civic or charitable organization who have an approved means of identification provided by the organization represented.

C. Newsboys soliciting subscriptions to any newspaper for home delivery within the County.

D. Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries.

E. Persons selling fresh farm products.

F. Persons licensed under the provisions of Title 38.2, Insurance, of the Code of Virginia. [Amended 7-12-1993]

§ 11.2-7 Violations and penalties.

A violation of this article shall constitute a Class 1 misdemeanor.

Division 2 – Peddlers and Itinerant Merchants

[Adopted 5-13-1983; amended in its entirety 7-12-1993 (Ch. 147, Art. XIII, of the 1993 Code)]

§ 11.2-8 License tax.

Every person who is a peddler or itinerant merchant, as defined in § 58.1-3717, Code of Virginia, as amended, who shall carry on business, peddle or barter in the County of Appomattox shall pay a license tax in the sum of $500.

§ 11.2-9 Violations and penalties.

Any peddler or itinerant merchant who shall carry on business, peddle or barter in Appomattox County without having first obtained the necessary license as required by this article shall be guilty of a Class 1 misdemeanor.