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An ordinance amending Chapter 6.64 of the Metropolitan Code of Laws relative to enforcement of door-to-door solicitation requirements, regular review of the residential no-solicitation registry, and the provision of suspension or revocation of solicitation permits for repeat violations.
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BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 6.64 of the Metropolitan Code of Laws is hereby amended by deleting Section 6.64.035 in its entirety and replacing it as follows :
6.64.035 - Permitted hours for door-to-door solicitation.
A. Door-to-door commercial solicitation or door-to-door solicitation shall be permitted only during the following hours:
1. From 10:00 a.m. to 8:00 p.m. during daylight saving time.
2. From 10:00 a.m. to sunset during standard time.
B. For purposes of this section, “sunset” shall mean the official sunset time for Nashville, Tennessee, as determined by the National Weather Service, the National Oceanic and Atmospheric Administration, or another source designated by the metropolitan government.
C. It shall be a violation of this chapter for any solicitor to knock on, ring the doorbell at, or otherwise attempt in-person commercial solicitation at a residential address outside the permitted hours established in this section.
D. The permit holder shall be responsible for violations committed by any employee, agent, contractor, subcontractor, representative, or other individual conducting door-to-door solicitation on its behalf.
Section 2. Chapter 6.64 of the Metropolitan Code of Laws is hereby amended by adding the following new Section 6.64.045:
6.64.045 - Residential no-solicitation registry compliance required.
A. Any business, company, organization, or person holding a permit for door-to-door solicitation under this chapter shall download, obtain, or otherwise access the most current residential no-solicitation registry maintained by the Metropolitan Government at least once every thirty days.
B. Any business, company, organization, or person holding a permit under this chapter shall be responsible for ensuring that every employee, agent, contractor, subcontractor, representative, or other individual conducting door-to-door solicitation on its behalf has access to the most current residential no-solicitation registry.
C. It shall be a violation of this chapter for any commercial solicitor to knock on, ring the doorbell at, or otherwise attempt in-person commercial solicitation at a residential address listed on the residential no-solicitation registry.
D. The permit holder shall be responsible for violations committed by any employee, agent, contractor, subcontractor, representative, or other individual conducting door-to-door solicitation on its behalf.
Section 3. Chapter 6.64 of the Metropolitan Code of Laws is hereby amended by deleting Section 6.64.110 in its entirety and replacing it as follows:
6.64.110 - Display of permit or badge required.
A. Any commercial solicitor under this chapter shall visibly display a Metropolitan Government-issued solicitor permit, badge, or other required identification at all times while engaged in door-to-door commercial solicitation.
B. The permit, badge, or identification shall be displayed in a manner that is clearly visible to a resident before or at the time contact is initiated.
C. Whenever requested by any police officer or by any customer or prospective customer, any commercial solicitor engaged in door-to-door commercial solicitation under a permit issued pursuant to this chapter shall exhibit his or her identification badge and permit.
D. It shall be a violation of this chapter for any individual to conduct door-to-door solicitation without visibly displaying the required Metro-issued permit, badge, or identification.
E. A permit holder shall, without undue delay, report any lost or stolen identification badge to the clerk.
F. The permit holder shall be responsible for violations committed by any employee, agent, contractor, subcontractor, representative, or other individual conducting door-to-door solicitation on its behalf.
Section 4. Chapter 6.64 of the Metropolitan Code of Laws is hereby amended by deleting Section 6.64.130 and replacing it as follows:
6.64.130 - Enforcement and resident complaints.
A. The Department of Codes Administration, the Metropolitan Clerk, the Metropolitan Police Department, or another department designated by the Metropolitan Government may enforce the provisions of this chapter.
B. Residents may submit complaints regarding alleged violations of this chapter to the Metropolitan Government.
C. A resident complaint may include, but is not limited to:
1. The address where the alleged violation occurred;
2. The date and time of the alleged violation;
3. The name of the business, company, organization, or solicitor, if known;
4. Whether the residence is listed on the residential no-solicitation registry;
5. Whether the solicitor displayed a Metro-issued permit, badge, or identification;
6. Whether the solicitation occurred outside permitted hours;
7. Photographs, video footage, doorbell camera footage, or other supporting documentation, if available.
D. The Metropolitan Government may use resident complaints, video footage, photographs, permit records, registry records, and other relevant evidence to determine whether a violation occurred.
Section 5. Chapter 6.64 of the Metropolitan Code of Laws is hereby amended by deleting Section 6.64.140 in its entirety and replacing it as follows:
6.64.140 - Repeat violations, warnings, suspension, and revocation.
A. The metropolitan clerk, the department of codes administration, or another department designated by the metropolitan government shall maintain records of each permit issued and alleged and confirmed violations of this chapter by permitted businesses, companies, organizations, persons, and individual commercial solicitors.
B. Upon a first confirmed violation within a twelve-month period, the enforcing department may issue a written warning to the permit holder and, if applicable, the individual commercial solicitor.
C. Upon a second confirmed violation within a twelve-month period, the enforcing department may issue the applicable civil penalty provided by this chapter.
D. Upon a third confirmed violation within a twelve-month period, the enforcing department may issue the applicable civil penalty and provide written notice to the permit holder that additional violations may result in suspension or revocation of the permit.
E. Upon a fourth confirmed violation within a twelve-month period, the metropolitan government may suspend or revoke the solicitation permit held by the business, company, organization, or person responsible for the violation.
F. Notwithstanding anything to the contrary, the Metropolitan Government may immediately suspend or revoke a solicitation permit when the enforcing department determines that the permit holder has demonstrated a repeated pattern of noncompliance, has provided false or misleading information, has failed to cooperate with enforcement, or has allowed individuals to conduct commercial solicitation activity in violation of this chapter.
G. Before suspension or revocation of a permit, the permit holder shall receive written notice of the alleged violations and an opportunity to respond in accordance with procedures established by section 6.64.160.
H. A permit holder whose permit has been revoked shall not be eligible to receive a new solicitation permit for a period of one year from the date of revocation, unless a shorter or longer period is required by law.
Section 6. Chapter 6.64 of the Metropolitan Code of Laws is hereby amended by deleting Section 6.64.150 and replacing it as follows:
6.64.150 - Responsibility of permit holder.
A. A permit holder shall be responsible for the conduct of all employees, agents, contractors, subcontractors, representatives, or other individuals conducting door-to-door solicitation on behalf of the permit holder.
B. A permit holder shall not avoid responsibility for a violation of this chapter solely because the individual solicitor was classified as an independent contractor, subcontractor, third-party vendor, or other non-employee representative.
C. Each permit holder shall maintain accurate records of all individuals authorized to conduct door-to-door solicitation on its behalf and shall provide such records to the Metropolitan Government upon request.
Section 7. This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.