The Maple Valley City Council overturned the city’s ban on peddlers and transient salesmen at its July 18 meeting and established a new chapter in its transient sales ordinance.
City Manager David Johnston explained the ban on door-to-door sales had been a part of Maple Valley’s original municipal code and only until recently had not been a priority.
“It’s one of those things where it was an ordinance on the books from day one and no one really looked at it,” he said.”If it doesn’t come up you don’t tend to look at it.”
A year and a half ago, however, several salesmen complained when they were informed of the ban, and an attorney wrote a letter to the city explaining that it violated their Constitutional rights.
City Attorney Christy Todd reviewed the ordinance and found it was unconstitutional.
“It was a good wake up call for the city,” Johnston said. “And one of the things is it is our responsibility. When we become aware of a liability you can’t use ‘ignorance is bliss’ as an argument. You have to address it.”
Under the ordinance definition, a transient business is one in which its employer or employees go from one address to another or approaches individuals in order to sell services or property.
All businesses who fall under the category must apply for a $50 license through the city, which involves a criminal background check. All members of the business must apply for a license individually. The license lasts for one year and must be renewed each year in January for $50. A first-time applicant who applies for a license after July 1 pays only $25. However, the licenses cannot be prorated.
Those who go from door to door are required to carry both their license and a photo ID, which must be visible.
“It’s construed as a safety issue for neighborhoods,” Johnston said. “They don’t know who these people are or if they are a legitimate organization.”
According to the meeting agenda from July 11, “The ordinance as drafted is much less restrictive on transient sales at a specific location as compared to door-to-door sales.”
It further stated that “transient sales to occur on a parcel of land may occur for no more than three consecutive days, and may occur no more than four times annually.”
Additionally restrictions include specific times during which door-to-door sales are allowed to occur. Sales are permitted from 8 a.m. to 8 p.m. Monday through Friday, 9 a.m. to 8 p.m. on Saturday and noon to 6 p.m. on Sunday.
Those who are exempt from the license include the farmers market, a salesman specifically requested by the customer, charitable and religious organizations, newspaper carriers, city-sponsored peddlers and fundraisers for scouting, school programs or youth activities.
