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SUBJECTS › LEGAL › NUISANCES › Regulation of Peddlers, Solicitors, Temporary Merchants and Mobile Vendors
Updated 12/06

Regulation of Peddlers, Solicitors, Temporary Merchants and Mobile Vendors

Contents

About Peddlers, Solicitors, Temporary Merchants and Mobile Vendors

Cities, towns and counties have authority under their police power to license and regulate door-to-door peddlers, solicitors, temporary merchants, and mobile vendors, and to impose reasonable license fees. Such regulations are generally justified if they bear a reasonable relationship to public health, safety and welfare concerns.  Any ordinance that totally prohibits door-to-door solicitation may be subject to challenge and should be carefully reviewed by legal council.  See Review of Court Decisions

Drafting Ordinances  - Statutes

In drafting provisions for the regulation of peddlers, local governments should review the provisions of Ch. 36.71 RCW relating to "Peddlers and Hawkers' Licenses." RCW 36.71.090 restricts the ability of cities and towns to prohibit sales or require licenses for the sale of farm produce by farmers, gardeners, or other persons who have raised or gathered such produce. RCW 36.71.020 requires peddlers to obtain a license from the appropriate county official before peddling in any county of the state and RCW 36.71.050 imposes penalties for peddling without a county license.

  • Exemption for Veterans

RCW 73.04.050 and .060 restrict the collection of a local license fee from certain veterans engaged in peddling, hawking, vending and the sale of goods.

  • Regulation of Charitable Solicitors

In the area of charitable solicitation, cities and counties should refer to the provisions of Ch. 19.09 RCW requiring registration with the secretary of state and various information disclosures by persons and organizations that solicit funds from the public for public charitable purposes. RCW 19.09.100(11) recognizes local government authority to regulate charitable solicitation and requires organizations to "comply with all local governmental regulations that apply to soliciting for or on behalf of charitable organizations."

Regulation of door-to-door charitable solicitation including activities of religious organizations can involve constitutional issues of free speech and religious freedom. We advise consultation with your city or county's legal office when drafting regulations in this area. Many cities simply provide exemptions in their regulations for charitable and religious organizations.

  • "Green River" Ordinances

Municipal ordinances which prohibit solicitors, peddlers, and itinerant merchants from calling on private residences for the purpose of peddling or soliciting without the request or the invitation of the occupant are sometimes referred to as "Green River ordinances" (from the case of Town of Green River, Wyoming v. Fuller Brush Co., 65 F.2d 112 (10th Cir. 1933)). "Green River" ordinances entirely prohibit and declare the practice of uninvited house-to-house canvassing to be a nuisance.

Review of Court Decisions

Common Provisions of Ordinances

Ordinances regulating peddlers, solicitors, temporary merchants and/or mobile vendors commonly include the following types of provisions:

  • License Fees - imposed on a yearly or per-day basis.
  • License Application Form - requiring information concerning the proposed location of the activity, the estimated length of time the activity will be carried on, descriptions of merchandise being offered for sale, the hours of operation, and the names of references.
  • Background Check - primarily a check for any prior criminal records.
  • License Revocation - conditions for license revocation and appeal procedures. 
  • License Display - requiring peddlers and solicitors to have in their possession and to display their license.
  • Temporary Stands - standards and conditions for temporary stands.
  • Time and Place Restrictions - include restrictions on hours of conducting business, prohibition where property owners post "No Peddling/Soliciting" signs, and requirements that temporary merchants locate their businesses in compliance with zoning codes. 
  • Exemptions - for nonprofit, charitable, and religious organizations and for farmers and gardeners selling fruits, vegetables, or other similar farm produce raised, gathered, or produced by such persons (per RCW 36.71.090).

Ordinance Provisions