§ 133-3. Application; fee., Chapter 133. Peddling and Soliciting, Part II. General Legislation, Code of Ordinances, Lockport, City

An applicant for a license shall execute an application form at the office of the City Clerk, which application form shall require the following:

(1)

The applicant's name, residence, places of residence previous to moving to present address, including out-of-state addresses, and business and local address, if any.

(2)

A physical description of the applicant, setting forth the applicant's age, sex, height, weight, complexion, color of hair and eyes and any other distinguishing physical characteristics. Each applicant must submit with the application two unmounted, unretouched photographs of self, two inches by two inches in size showing only head (uncovered), neck, and shoulders, taken within 30 days preceding the filing of the application. One photograph shall be attached to the permit when issued, and the other shall be filed with the application. The photograph shall be so attached to the permit that it cannot be removed and another photograph substituted without detection. When the application for a permit is denied, the photographs shall be returned to the applicant by the City Clerk.

(3)

The name and address or local principal office of the person, firm, organization or corporation, if any, for or through whom or under whose auspices the applicant is authorized to conduct such activity; if a partnership, the names and addresses of the partners; if a corporation, the names and addresses of the president, vice president, secretary and treasurer: or a statement that the applicant is engaged in such activity solely on his own behalf.

(4)

A brief description of the type or types of articles or services for which sales, purchases or orders are to be solicited.

(5)

A statement as to the approximate amount to be collected by the applicant and whether in full or partial payment.

(6)

The length of time during which the applicant intends to remain in the City of Lockport for the purpose of engaging in such activity.

(7)

A statement whether any license similar to or like that provided for in this chapter was issued or denied to the applicant within the current or prior calendar year, whether in Lockport or elsewhere, and, if issued, whether such license had, been revoked, setting forth the reasons for such revocation.

(8)

A statement as to whether the applicant has been convicted of any crime or misdemeanor, and, if so, the place where, the nature of the offense and the punishment or penalty assessed therefor, or if the matter is pending. Submission of a criminal background check shall be required upon request at the applicant's expense.

(9)

Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.

The applicant, at the time of executing such application, shall also submit identification satisfactory to the City Clerk which shall contain a specimen of the applicant's signature. The City shall not be required to issue a license to any person who has been convicted of any crime or misdemeanor or whose license has been previously revoked.

[Amended 6-4-2003; 9-20-2006]

Each applicant hereunder shall pay at the time of application a nonrefundable registration fee of $35.

[Amended 11-2-1983; 5-15-2002; 5-3-2006]

In the event that the City Clerk determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within 45 days of the receipt of its application by the City Clerk, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than 10 days at any time before the notice is issued in order to make modifications necessary to comply with this chapter.

[Added 9-20-2006]

An applicant may appeal the decision of the City Clerk regarding a denial to the City of Lockport Common Council by filing a written notice of appeal with the City of Lockport Common Council within 15 days after the applicant is given notice of the City Clerk's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The City Clerk may submit a memorandum in response to the memorandum filed by the applicant on appeal to the Common Council. After reviewing such memoranda, as well as the City Clerk's written decision, if any, and exhibits submitted to the City Clerk, the Common Council shall vote to either uphold or overrule the City Clerk's decision. Such vote shall be taken within 21 calendar days after the date on which the City Clerk receives the notice of appeal. However, all parties shall be required to comply with the City Clerk's decision during the pendency of the appeal.

[Added 9-20-2006]