Rogers City Council OKs amended door-to-door sales ordinance

Rogers City Hall, April 11, 2016
Rogers City Hall, April 11, 2016

ROGERS -- The City Council on Tuesday approved changes toa law regulating door-to-door sales to reflect a ruling from the U.S. Supreme Court.

The changes were approved unanimously by the council. The law established a no-knock list prohibiting peddlers from selling to residents who register with the city.

The city changed the ordinance in light of a 2015 U.S. Supreme Court decision identifying panhandling as free speech. The American Civil Liberties Union sued Rogers in June 2017 over the city's panhandling ordinance. The city changed the ordinance the next month.

"There are certain terms that have scrutiny, so we're just removing terms that aren't needed. It has content that the courts don't like," said Jennifer Waymack, Rogers senior staff attorney.

One of the terms, solicitor, was used in the previous ordinance. Solicitors aren't always salesmen, and aren't legally required to obtain a license to go door-to-door.

Another change defines allowed times for sales, Waymack said. The previous version of the code prohibited sales between 9 p.m. to 9 a.m.

"Currently it says you cannot go door-to-door at certain times, and the courts say you can't pick a time. So now it says you can go from sunup to sundown," she said.

In order for a peddler to engage in his business, he must pay a license fee to the city, carry the No-Knock list at all times and notify the Police Department of the time, dates and locations of the areas he intends to sell to, according to the law.

In order for a resident to be placed on the No-Knock list, he must provide written proof to the city clerk-treasurer he has requested to be placed on the list, provide a state ID and either a utility bill or mortgage or lease showing residency. He will remain on the list for two years.

The ordinance concerns door-to-door sales and doesn't prohibit canvassing, said Mayor Greg Hines.

"This doesn't prohibit politicians or a churches reaching out to people," Hines said. "However, if you're peddling goods to people, you're going to have to register. If you want to sell me a frozen steak, you're going to need a permit."

NW News on 06/27/2018

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