SB415

By Senator Chambliss

ENROLLED, An Act,

Relating to Autauga County; to establish a county business license for persons engaged in commercial door-to-door sales promotion of products or services for profit; to establish requirements for the process to obtain a door-to-door sales license and the fees for the license; to provide civil penalties for violations; to provide a citation fee for persons cited for failure to obtain a county business license.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply only in Autauga County.

Section 2. (a) All persons engaged in the business of selling products door-to-door for profit shall have a state transient business license, governed by either Section 40-12-172 or Section 40-12-174, Code of Alabama 1975, if applicable, and a county business license issued by the commissioner of licenses, and shall pay any license or privilege fee and any issuance fee required therefor.

(b) The person or business shall apply for application to the commissioner of licenses on forms provided by the commissioner. The application form shall require the applicant to fully describe the nature of the business and the type of products or services to be sold.

(c) Any person who is engaged in door-to-door sales shall provide to the commissioner his or her full name, date of birth, Social Security number or federal employer identification number, driver's license or other government issued identification number, address, and the name and address of the business with which he or she is employed as a door-to-door salesperson. The information collected shall be submitted to the Autauga County Sheriff for a criminal background check and a check as to whether the person is required to register as a sex offender. The sheriff shall report to the commissioner of licenses his or her findings. No person convicted of a felony or required to register as a sex offender shall be eligible to be licensed. Any person denied a license to conduct door-to-door sales shall be entitled to a hearing before the commissioner of licenses.

(d) Those persons who become licensed to conduct door-to-door sales in Autauga County shall be required to wear an identification badge clearly visible to others while conducting business or visiting homes in the course of their business. The badge, at a minimum, shall display all of the following: The name of the person, the name of the business, a valid telephone number, and color photograph of the person. The identification badge shall be approved by the commissioner of licenses. The commissioner may adjust the requirements of the badge at his or her discretion.

(e) The salesperson shall keep a copy of licenses for each person in his or her vehicle during the hours of operation.

(f) Any vehicle used by a door-to-door salesperson shall display a sign on each side of the vehicle that is at least 24 inches by 30 inches, and be clearly visible and clean. The commissioner of licenses shall approve all vehicle signs.

(g) The salesperson may engage in door-to-door sales only during the hours between 8:00 a.m. and sunset.

(h) The commissioner of licenses shall make a recommendation to the Autauga County Commission as to the fee to be charged for the license and the county commission, by resolution, shall set the fee for the license.

(i) Nothing in this act shall limit or prevent the sale of items by students to benefit their schools or organizations, including, but not limited to, the Girl Scouts, Boy Scouts, or volunteer organizations such as volunteer fire departments.

Nothing in this act shall apply to a person or business who engages in door-to-door sales if the person or business or its affiliate has an existing or past business relationship with the prospective customer and the person or business is licensed to do business in Autauga County.

(j) A person who engages in the door-to-door sales or promotions of products or services in violation of this act may be assessed a civil penalty of fifty dollars ($50) for the first violation and one hundred dollars ($100) for each subsequent violation. Any law enforcement officer in the county may issue a citation for a violation of this section. The person charged with the violation may pay the civil fine or request, within 30 days of receipt of the citation, a due process hearing before the county commission or its hearing officer on the validity of the citation. An order of the county commission finding a violation and an assessment of a civil fine shall be final within 30 days thereof unless appealed to the Circuit Court in Autauga County based on the administrative record of the hearing. Any fine due and owing shall be considered a debt owed to the Autauga County Commission and shall be enforceable by civil action in the same manner as any other debt. The person owing the fine shall be liable for all costs, including court costs and attorney fees, and all other expenses of litigation if action is taken to collect the fine owed.

Section 3. (a) As used in this section, the following words and terms shall have the following meanings:

(1) BUSINESS. Includes all activities engaged in, or caused to be engaged in, by any person with the object of gain, profit, benefit, or advantage, either direct or indirect to such person.

(2) COUNTY. Autauga County, Alabama.

(3) GOVERNING BODY. The governing body of Autauga County, Alabama, whether it be a county commission, board of revenue, or other governing body.

(4) LICENSE OR PRIVILEGE FEE. Does not include any sales or use tax.

(5) PERSON. Includes any natural person, partnership, corporation, firm, association, trust, estate, or other entity.

(b) The purposes of this section are to equalize the burden of taxation by authorizing the county to impose a license or privilege fee upon persons now engaging in certain businesses without paying any license fee or tax thereon to the county. By imposing an additional license or privilege fee upon persons now engaging in or who may hereafter engage in certain businesses to pay license or privilege fees to the county to generate additional revenue for the county.

(c) The governing body of the county is hereby authorized to levy an annual license or privilege fee upon any person for engaging in any business in the county. The license or privilege fee hereby authorized shall be in addition to any other license or privilege fee which is currently authorized or may hereafter be authorized.

(d) The fee hereby levied shall be paid annually on October 1 for the succeeding year to that officer or employee of the county chargeable with the duty of collecting license or privilege fees and shall be deposited in the county general fund for the use of the county.

(e) The license or privilege fee levied by the governing body of the county on any person for engaging in any business, including the business of selling products door-to-door pursuant to this act, shall be at a rate of from ten dollars ($10) to one hundred dollars ($100) for each business conducted in the county. The governing body of the county is expressly authorized to set the rate of the license or privilege fee within the limits herein provided for each type or category of business in the county. The rates of the license or privilege fee for each type or category of business shall be uniform throughout the county and shall be set forth in a schedule promulgated by the governing body of the county in which the rate for each type or category of business is dependent on the type, size, gross receipts, or number of employees, or both, of the business, or such other reasonable criteria as the governing body of the county shall determine.

(f) The governing body of the county is hereby expressly authorized to prescribe all necessary or appropriate rules for the implementation and enforcement of this section, including all rules as may be necessary by reason of any alteration of law in relation to this section.

(g) Nothing in this section shall be construed to authorize or require a license or privilege fee for practicing the religious tenets of any church.

(h) Any person found by the commissioner of licenses to be engaging in business without having paid the license fee required by this section shall pay a citation fee of seven dollars ($7) in addition to the regular license fee. The citation fee shall be deposited into the county treasury for the county general fund.

(i) The licenses required in this section shall be obtained before engaging in door-to-door sales.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Autauga County

Door-to-Door Sales

Business Licenses

Counties

County Commissions