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 Clark County
 Code of Ordinances
 Title 6. BUSINESS LICENSES*
 Chapter 6.125. TELEPHONE SOLICITATIONS

  § 6.125.020. Definitions.  

Latest version.

  • Unless the context otherwise requires, the words used in this chapter shall have the meanings ascribed to them herein and as set forth in Section 6.04.005.

    (A)

    "Employee" means any person who performs services for a seller or factor as defined in this chapter for hire, salary, wages or any other compensation, whether or not the contract of service is express or implied, oral or written.

    (B)

    "Factor" means a person who buys or takes consignment of sales orders or premiums from a seller or his agent for the purpose of completing performance of those orders. Activities that will cause a person to be considered a factor under this definition include, but are not limited to, verification of such orders and shipment of orders for which payment is made directly from the purchaser to the factor or to an account over which the factor has control or access. This definition does not include one who acts only as a printer, shipping agent or as a licensed lending institution that has supplied financing for the sales transaction.

    (C)

    "Premium" means goods, wares, services or merchandise of any kind offered by a seller or solicitor as an inducement to a prospective purchaser to order goods, wares, services or merchandise for consideration through telephone solicitation. This definition includes not only goods shipped to the purchaser in conjunction with an order, but also certificates, other papers and any other means by which the purchaser is given any right, chance or privilege to purchase or receive goods, wares, services or merchandise whether for a fee or without cost.

    (D)

    "Principal" means all partners, stockholders of nonpublicly traded corporations, officers, directors or owners of the business.

    (E)

    "Telephonic seller", or "seller" means a person, on his or her own behalf or through sales persons, solicitors or through the use of any telephonic device which causes a telephone solicitation or attempted telephone solicitation to occur which meets the criteria specified in subdivision (1) of this subsection and who is not exempted by subdivision (2) of this subsection:

    (1)

    A telephone solicitation or attempted telephone solicitation wherein the telephonic seller either initiates telephonic contact with a prospective purchaser or solicits or attempts solicitation made by telephone in response to inquires generated by advertisements, notices or other correspondence on behalf of the telephonic seller with a prospective purchaser and wherein the solicitor represents or implies that a prospective purchaser will receive a premium, if the person also encourages the prospective purchaser to do either of the following:

    (a)

    Purchase or rent any goods, wares, services or merchandise,

    (b)

    Pay any consideration whatsoever;

    (2)

    For purposes of this chapter, "telephonic seller" or "seller" do not include any of the following:

    (a)

    A person soliciting business exclusively from existing customers who have previously purchased from the licensed business enterprise for which the solicitor is calling,

    (b)

    A person soliciting without the intent to complete and who does not complete the sales presentation during the telephone solicitation and who only completes the sales presentation at a later face-to-face meeting between the seller or solicitor and the prospective purchaser,

    (c)

    A person or an affiliate whose telephone solicitation business is regulated by the Public Service Commission, Department of Commerce, or any other state or federal regulatory agency,

    (d)

    Solicitations of prospective purchasers located exclusively within Clark County.

    (F)

    "Solicitor" means any person, whether as an employee or independent contractor, who uses a telephone or printed material to seek orders for the purchase of goods, wares, services or merchandise for any consideration on behalf of a telephonic seller or factor.

    (G)

    "Regulated" means subject to an agency of state or Federal Government with statutory authority over the business, and which agency has taken specific jurisdiction over the business by licensing the business and by adopting rules, regulations or tariffs which control the activities of the business.

(Ord. 1068 § 1, 1988: Ord. 928 § 2, 1985: Ord. 925 § 1 (part), 1985)