§ 110.10. DOOR TO DOOR SALES.

(1)

Peddling and soliciting without registering and other unlawful activities.

(a)

It shall be unlawful for any person, not having an established place of business in the Town of Lexington, to go upon private property in the Town for the purpose of peddling or selling goods, wares, merchandise, or services or soliciting donations for any

purpose, who has not been requested or invited to do so by the owners or occupants of such property, without first having registered with the Town Administrator or his designee pursuant to the provisions of this chapter.

(b)

It shall be unlawful for any person not having an established place of business in the Town, to peddle or sell any goods, wares, merchandise, or services or to solicit donations for any purpose upon the public streets, rights-of-way, or sidewalks located in the Town without first having registered with the Town Administrator or his designee pursuant to the provisions of this chapter.

(c)

Except as authorized by subsection (3), it shall be unlawful for any person to stand on or adjacent to a street or enter a street for the purpose of soliciting employment, business, or donations from the occupants of vehicles.

(d)

It shall be unlawful for any person to solicit donations in any form from occupants of vehicles in violation of a permit issued by the Town Administrator or his designee, or to set up road blocks or in any way unreasonably impede traffic while conducting such solicitations, or to conduct such solicitations from any area other than the sidewalk, street shoulder, or other public area designated in the permit.

(e)

It shall be unlawful for any person, whether or not he has an established place of business in the Town, to engage in soliciting or peddling as described in this section any time other than between the hours of 10:00 a.m. and 8:00 p.m., local time.

(f)

It shall be unlawful for any person, whether or not he has an established place of business in the Town, to engage in peddling or soliciting as described in this section by entering on any property on which a sign is displayed stating "no soliciting" or words of similar effect or by refusing to leave any property after having been requested to do so by the owner or any occupant. This article shall also to apply to any subdivision with an established Homeowner's Association which has notified the Town of its desire not to allow peddling or soliciting in the subdivision, and has posted a clearly visible notice at each entrance to the subdivision stating "No soliciting." In such case, peddling will not be allowed in such a subdivision.

(g)

Nothing in this section shall prohibit peddling or soliciting on private property when the person engaged in peddling or soliciting has first been invited to do so by the Owner of the property, provided the registration requirements and all other town ordinances have been followed.

(2)

Registration. An informational registration for the activities described in subsection(s) (1) and (3) shall be made with the Town Administrator or his designee by the persons prior to engaging in such activities and shall contain the following:

(a)

The name, address, telephone number, date of birth, Social Security Number, and driver's license number of each person involved in activities regulated by this chapter.

(b)

A complete description of all vehicles used by persons involved in any such activities, including the owner, registration information, license tag number, model, year, and color of all such vehicles.

(c)

The complete name of the company, firm, or organization on behalf of which such activities are conducted, including the complete mailing address, location address, and telephone number of the company, firm or organization, and the name of the person or persons there with whom may be contacted by the Town about any such activities.

(d)

The name and location of the person in the Town or immediate vicinity in charge of all persons conducting such activities for the company, firm, or organization.

(e)

The date or dates for which such activities are to be conducted in the Town and the location and schedule of such activities.

(f)

A copy of a current Town business license, if required, for the company, firm or organization on behalf of which such activities are conducted, or if a nonprofit organization, some documentation of that status from the South Carolina Secretary of State or similar regulatory agency.

(g)

For such activities to be conducted on the premises of a place of business, a letter from the owner or owner's designee granting permission to engage in such activities.

(h)

Upon satisfactory completion of the registration process, the Town Administrator or his or her designee shall issue a permit specifying the time period the individual listed may peddle or solicit. This time period shall not be for more than six (6) months, or for not longer than the applicable Business License permits it to last.

(i)

Activities described in subsection (1) and (3) shall not be permitted until after a check of the criminal history of each person listed on the registration form has been completed.

(j)

It shall be unlawful for any person to engage in or allow another to engage in activities described in subsection (1) or (3) prior to a criminal background check being completed.

(k)

It shall be unlawful for any person to conduct or allow another to conduct activities described in subsection (1) or (3) if the person has been previously convicted of a felony or violation of a law or ordinance involving dishonesty. A felony is defined as a conviction for an offense considered a felony under South Carolina law. Any person that has a pending charge(s) of the same shall be prohibited from engaging in the above activities prior to the final disposition of said charges(s). For the purposes of this chapter, where there is a federal conviction or a conviction from another state, that conviction will be considered a felony if the equivalent South Carolina offense is classified as a felony.

(3)

Solicitations from occupants of vehicles, permit required. Any solicitations from occupants of vehicles for charitable donations as described in S.C. Code 1976, § 5-27-910 may be conducted only if the Town Administrator or his or her designee issues a permit for such activity after receiving the information set forth in subsection (2). The Town Administrator may include in the permit all such limitations and conditions as (s)he determines are necessary to protect the health and safety of motorists, pedestrians, and those soliciting and to ensure that such solicitation does not unreasonably impede the flow of traffic.

(4)

Designation of other officers by director. The Town Administrator may designate another officer or officers in the Town Administration to discharge the duties delegated to the director in this chapter.

( Ord. No. 2014-47, §§ 1—4, 11-3-14 )