Chapter 5.08
PEDDLERS – SOLICITORS

Sections:

5.08.010    License required.

5.08.020    Peddler – Solicitor defined.

5.08.025    Limitations on operation of medical marijuana facilities.

5.08.026    Recreational marijuana.

5.08.030    Applications.

5.08.040    Investigation and issuance.

5.08.050    License fee.

5.08.055    License application fee exemptions.

5.08.060    Transfer of license.

5.08.070    Exhibition of license.

5.08.080    Enforcement.

5.08.090    Revocation of license.

5.08.100    Appeal.

5.08.120    Loud noises and speaking devices.

5.08.130    Hours of solicitation.

5.08.010 License required.

It is unlawful for any person to engage in business as a peddler or solicitor, as defined in this chapter, within the corporate limits of the City, without first obtaining a license as herein provided. (Ord. 2764 § 1, 1958).

5.08.020 Peddler – Solicitor defined.

“Peddler” or “solicitor” shall mean any door-to- door salesperson who sells or offers for sale any merchandise or services by traveling about the City in residential districts. (Ord. 4580 § 1, 1983; Ord. 2764 § 2, 1958).

5.08.025 Limitations on operation of medical marijuana facilities.

(1) In addition to such limitations and regulations as may be imposed by State law on medical marijuana facilities which dispense marijuana pursuant to ORS Chapter 475C, no such facility, nor any person operating as an employee or agent of such facility, shall operate, locate, or dispense marijuana within 300 feet of any property zoned residential as described in Article 3 of the Albany Development Code (ADC) or zoned Mixed-Use as described in Article 5 of the ADC, and the Office Professional (OP) and Neighborhood Commercial (NC) zones as described in the ADC. This restriction does not apply to property that is zoned Industrial Park (IP), Light Industrial (LI) or Heavy Industrial (HI).

(2) In addition to such limitations and regulations as may be imposed by State law, all other medical marijuana businesses, including, but not limited to, growers and processors, and medical marijuana facilities are subject to the same restrictions as those for recreational marijuana as set forth in AMC 5.08.026(2)(a), inclusive of applicable definitions. This subsection does not apply to those businesses and facilities legally in existence prior to April 12, 2017.

(3) Violation of this section shall be a misdemeanor punishable under the general penalty set forth at Chapter 1.04 AMC. (Ord. 6036 § 1, 2024; Ord. 5892 § 1, 2017; Ord. 5833 § 1, 2014).

5.08.026 Recreational marijuana.

(1) Definitions.

(a) “Marijuana” means all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its resin as may be defined by Oregon Revised Statutes as they currently exist or may from time to time be amended.

(b) “Marijuana processor” means an individual or entity licensed by the Oregon Liquor and Cannabis Commission to process marijuana.

(c) “Marijuana producer” means an individual or entity licensed by the Oregon Liquor and Cannabis Commission to manufacture, plant, cultivate, grow or harvest marijuana.

(d) “Marijuana retailer” means an individual or entity licensed by the Oregon Liquor and Cannabis Commission to sell marijuana items to a consumer in this state.

(e) “Marijuana wholesaler” means an individual or entity licensed by the Oregon Liquor and Cannabis Commission to purchase items in this state for resale to a person other than a consumer.

(f) “Marijuana uses” means a marijuana processor, marijuana producer, or marijuana wholesaler. A “marijuana use” is not an authorized home occupation.

(g) “Within 300 feet” means a straight line measurement in a radius extending for 300 feet or less in every direction between any point on the boundary line of real property on which the marijuana use is located and the real property boundary line containing any property zoned residential as described in Article 3 of the Albany Development Code (ADC); zoned Mixed-Use as described in Article 5 of the ADC; zoned Office Professional (OP) as described in the ADC or zoned Neighborhood Commercial (NC) as described in the ADC.

(2) Applicable Zones.

(a) In addition to such limitations and regulations as may be imposed by State law on recreational marijuana uses pursuant to ORS Chapter 475C, no such marijuana use, marijuana use facility, marijuana testing or research facility nor any person operating as an employee or agent of such facility shall operate or locate within 300 feet of any property zoned Residential as described in Article 3 of the Albany Development Code (ADC); zoned Mixed-Use as described in Article 5 of the ADC; zoned Office Professional (OP) as described in the ADC or zoned Neighborhood Commercial (NC) as described in the ADC. This restriction does not apply to property that is zoned Industrial Park (IP), Light Industrial (LI) or Heavy Industrial (HI). In addition, all marijuana producers and marijuana processors shall be located indoors in a fully enclosed facility.

(b) Retail sales of marijuana which may be authorized by Oregon 2014 Initiative Measure 91 and/or any administrative regulations adopted pursuant thereto shall be subject to the same locational limitations and regulations applicable to medical marijuana facilities pursuant to AMC 5.08.025 including the sanction for violation set forth therein.

(c) Violation of this section shall be a misdemeanor punishable under the general penalty set forth at Chapter 1.04 AMC. (Ord. 6036 § 1, 2024; Ord. 5887 § 1, 2016; Ord. 5844 § 1, 2014).

5.08.030 Applications.

A licensee, under this chapter, must file with the City Recorder a sworn application, in writing, on a form to be furnished by the City Recorder, which shall give the following information:

(1) The name and description of the applicant;

(2) Address, both permanent and local address, if any;

(3) A brief description of the nature of business and the goods or services to be sold. In the case of products of farms or orchards, a statement whether the produce to be sold is grown by the applicant;

(4) If the applicant is employed, the name and address of the employer, together with credentials establishing an exact relationship, except in the case of a nonprofit organization, a photograph of the applicant shall be furnished which photograph shall have been taken within 60 days immediately prior to the date of the filing of the application and shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner. (Ord. 5013 § 1, 1992; Ord. 2764 § 3, 1958).

5.08.040 Investigation and issuance.

(1) Upon receipt of a license application and fee, in proper form, the City Recorder shall then issue a license card addressed to the applicant for the carrying on of the business applied for. The license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, if the licensee is not a nonprofit organization, and the kind and goods to be sold thereunder, the date of issuance and the expiration date of the license. The City Recorder shall keep a permanent record of all licenses in accordance with the State of Oregon Archives Division retention schedule.

(2) If the application is returned from the Chief of Police endorsed “unsatisfactory,” the City Recorder shall notify the applicant that his/her application has been disapproved and for the reasons thereof. (Ord. 5026 § 1, 1993; Ord. 4580 § 2, 1983; Ord. 2764 § 4, 1958).

5.08.050 License fee.

(1) Except as herein specifically exempted for payment of fees, all persons applying for a license shall pay a fee in the sum of [____] as an application and license fee. Licenses may be renewed on an annual basis upon payment of a license fee in the amount of [____].

(2) All licenses run from January 1st to December 31st, inclusive. (Ord. 5013 § 1, 1992; Ord. 4580 § 3, 1983; Ord. 4332 §§ 1, 2, 1980; Ord. 2764 § 5, 1958).

5.08.055 License application fee exemptions.

The provisions of this chapter requiring a license application and application fee shall not apply to:

(1) One selling products of the farm or orchard actually produced by the seller;

(2) A newspaper carrier soliciting subscriptions;

(3) A person calling upon business firms soliciting orders for goods or services which are regularly used by the business firm in their regular course of business; or

(4) Milk, groceries, or other merchandise, deliveries or services ordered by a resident or sold by an area merchant and delivered to the purchaser as a service;

(5) Schools or other nonprofit corporations or organizations which have obtained federal tax exempt status and the agents thereof. (Ord. 5013 § 1, 1992; Ord. 4580 § 4, 1983).

5.08.060 Transfer of license.

No license shall be used at any time by any person other than the one to whom it is issued. (Ord. 2764 § 6, 1958).

5.08.070 Exhibition of license.

Peddlers and solicitors are required to exhibit their license card at the request of any citizen. (Ord. 2764 § 7, 1958).

5.08.080 Enforcement.

It shall be the duty of any police officer of the City to require any person seen peddling or soliciting and who is not known by the officer to be duly licensed to produce his/her license card and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 5013 § 1, 1992; Ord. 2764 § 8, 1958).

5.08.090 Revocation of license.

(1) Licenses may be revoked by the City Recorder for any of the following causes:

(a) Fraud and misrepresentation or false statement contained in an application for license;

(b) Fraud and misrepresentation or false statement made in the course of carrying on the business as peddler or solicitor;

(c) Any violation of the Albany Municipal Code;

(d) Conducting the business of peddling or soliciting in an unlawful manner or in such a manner to constitute a menace to the health, safety or general welfare of the public.

(2) Notice of hearing for revocation of a license shall be given in writing setting forth the grounds of the complaint and the time and place for hearing. The notice shall be mailed, postage prepaid, to the licensee at his/her last known address at least five days prior to the date set for hearing. (Ord. 5013 § 1, 1992; Ord. 4580 § 5, 1983; Ord. 2764 § 9, 1958).

5.08.100 Appeal.

Any person aggrieved by the action by the Chief of Police or the City Recorder in denial or revocation of his/her license shall have the right to appeal to the City Council. The appeal shall be taken by filing with the Council within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for the hearing of the appeal and notice of the hearing shall be given to the appellant in the same manner as notice of revocation. The decision and order of the Council on the appeal shall be final and conclusive. (Ord. 5013 § 1, 1992; Ord. 2764 § 10, 1958).

5.08.120 Loud noises and speaking devices.

No peddler, nor any person on his/her behalf, shall shout, make any outcry, or use any sound device where sound of sufficient volume is emitted or produced therefrom to be capable of being heard at a distance of more than 200 feet upon the streets, alleys, avenues, parks or other public places. (Ord. 5013 § 1, 1992; Ord. 2764 § 12, 1958).

5.08.130 Hours of solicitation.

No persons shall engage in soliciting any place in the City during the period from 9:00 p.m. until 9:00 a.m., unless otherwise specified on the solicitors’ license. (Ord. 4580 § 6, 1983).