SOLICITOR & PEDDLER BADGES/ID CARDS and OCCUPATION TAX CERTIFICATES
Anyone soliciting or peddling in the City of Albany or Dougherty County must have a City of Albany or Dougherty County Occupation Tax Certificate, or register their Occupation Tax Certificate (business license) from elsewhere with the City Treasurer’s Office. Click here to see the City's Ordinance.
Anyone soliciting or peddling in the City of Albany or Dougherty County is required to obtain a badge/identification (ID) card from the City of Albany Treasurer’s Office if they don’t already have one.
Note religious and educational organizations are exempt from the solicitor and peddler requirements. (This exemption does not absolve a non-profit organization from having an occupation tax certificate, however.)
Definitions
Peddler.
1) The term "peddler" means any individual, whether a resident of this city or not, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, for the sale of, as well as the selling, offering for sale or taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not; provided, however, that such definition shall include any person, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within this city for the sole purpose of exhibiting samples and taking orders for future delivery. The term "peddler" shall include the terms "canvasser," "solicitor," or "transient or itinerant photographer."
2) The term "peddler" shall also include, "transient merchant," "itinerant merchant" or "itinerant vendor" and are defined as any person whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car, or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction.
3) Solicitor includes going door-to-door (house to house) in residential areas of the city and engaging in any type of selling, seeking donations, or any other business, occupation or vocation which involves any attempt to obtain money, orders, donations, subscriptions or the like, whether such activity is done on a permanent or part-time basis or whether such activity is done for a non-profit or not-for-profit organization or enterprise.
Note: Dougherty County (the unincorporated area) does not define peddlers, transients, itinerant merchants or vendors when discussing the requirement for occupation tax certificates. Common definitions, similar to those above would apply.
Peddler/Solicitor Badge/ID Card Applications and Fees (City and Dougherty County) (Note: Religious and educational organizations do not need badges/ID cards)
Applicants must submit a printed or typed application form. Applications are available at the City of Albany Treasurer’s Office, 240 Pine Ave., or are available for download by clicking here.
Application forms not fully completed could result in delay or denial of ID card issuance. Failure to provide complete and accurate information on the registration form can also result in the denial, revocation, or suspension of an ID card.
Applicants are subject to a background check. Grounds for denial of an application include when the applicant has pled guilty or no contest to or has been convicted of a felony, or a misdemeanor involving violence or moral turpitude.
An applicant for the peddling of foodstuffs of any kind must first obtain a separate permit from the Dougherty County Health Department showing compliance with Health regulations governing food from facilities.
The Fee for each ID card requested is $15 per calendar year. The ID cards expire at the end of the calendar year of issuance. ALL FEES ARE NON-REFUNDABLE.
If during the period for which an ID card is issued there is any change in the factual information furnished on the application form, the ID card holder must fully and promptly communicate the new information to the City Treasurer’s Office.
The holder of an ID card which is lost, stolen, or mutilated shall immediately report the loss or mutilation to the City Treasurer’s Office, for the issuance of a duplicate ID card. The fee of issuance of a duplicate card is $10.
Click here for information on Occupation Tax Certificates.
Rules of Conduct in the City of Albany (Note: Religious and educational organizations are exempt from these requirements.)
1. Soliciting or peddling may be conducted within the City of Albany only between the hours of 9:00 a.m. and 5:00 p.m. any day of the week. The unincorporated area of Dougherty County has no restrictions.
2. The Peddler/Solicitor ID card/badge must be worn whenever the individual is engaged in solicitation/peddling
3. Any peddler, solicitor, canvasser, transient or itinerant photographer who enters upon residential premises occupied by another must immediately leave such premises after having been requested to do so by the occupant.
4. It is unlawful for a peddler, solicitor, canvasser, transient or itinerant photographer to go upon a residential premises, not having been invited or requested, if a “No Solicitation” or “No Trespassing” sign is located at or near the residence’s entrance(s).
5. It is unlawful for a peddler, solicitor, canvasser, transient or itinerant photographer to go upon a residential premises, not having been invited or requested, where a “No Solicitation” or “No Trespassing” (or similar) sign is located at the entrance(s) to any apartment complex, condominium development or residential subdivision. If you are a peddler, solicitor transient or itinerant photographer and you see a “No Soliciting” or similar sign at the entrance to a subdivision, you can go to the City’s GIS (Mapping) Web Browser to find the boundaries of any subdivision by clicking here.
6. It is unlawful for a peddler, solicitor, canvasser, non-profit organization, transient or itinerant photographer to go upon a residential premises, not having been invited or requested, if that address is listed on the Do Not Solicit list. A copy of the Do Not Solicit list is available by clicking here.
7. Click here for rules regarding the sale of ice cream, peanuts, candy, fruit, soft drinks, sandwiches or other merchandise in the City of Albany. (City Code Section 16-106)
8. It is unlawful to sell, offer to sell, solicit, give, lend, or deliver any goods, merchandise, literature, products, or other matter to persons who are in vehicles upon the traveled portion of the public streets of the city. (City Code Section 16-107)
Rules of Conduct in the Unincorporated Area of Dougherty County
There are no specific rules of conduct, other than to obtain an occupation tax certificate.
Violations
Any person who violates the City or County ordinances shall be guilty of a misdemeanor and upon conviction may be fined up to $500.00 or imprisoned up to (180 days in the City) (60 days in the unincorporated area of Dougherty County) or by both. Additionally, the ID card can also be denied, revoked, or suspended for violations of the law.
Exceptions
The City of Albany ordinance peddlers and solicitors do not apply to:
(1) Sales made to dealers or permanent merchants by commercial travelers selling in the usual course of business;
(2) Sheriffs, constables, bona fide assignees, receivers or trustees in bankruptcy or other public officers selling goods, wares and merchandise according to law;
(3) Education or religious organizations.
Note that religious and educational organizations are exempt from the restrictions in the solicitors and peddlers ordinance. People representing religious and educational organizations not required to obtain a badge and may go door to door, even if someone has a “No Solicitation” or “No Trespassing” sign posted at their home, or at the entrance to a subdivision or condominium complex or apartment complex, or are listed on the do not solicit list.
Unincorporated Area of Dougherty County Note: In the unincorporated area of Dougherty County, traveling sales people engaged in taking orders for the sale of goods when no delivery of goods is made at the time of taking the order and a merchant, dealer or employee of either, the situs of whose business is outside the county who delivers goods to wholesale or retail customers in the county either on orders previously taken by his salespersons or on orders previously given directly to him by the wholesale or retail customer, are exempted from any license fee or occupation tax.
Distribution of Handbills (fliers, brochures, handouts, etc.) (City of Albany)
A separate ordinance from the peddlers and solicitors ordinance allows anyone to go door to door to distribute what City ordinance calls handbills (fliers, cards, brochures, etc.). The ordinance requires this material to be handed to the owner or occupant; or leave it on the property, so long as it is placed in such a manner as it will not blow away. There is no badge or permit required. Click here to see the City of Albany Handbill Ordinance.
Unfair Business Practices
The City of Albany does not investigate allegations of unfair or deceptive business practices. Click here to view the Governor’s Office of Consumer Protection advice on Door-to Door Sales. Peddlers and solicitors should be aware however that the City of Albany and Dougherty County can take action to revoke an occupation tax certificate should sufficient evidence be presented that it is contrary to the best interest in the respective jurisdiction to allow the business to continue to operate.