HOME SOLICITATION SALES

Charleston, W. Va., City Code ch. 18, art. XI

in effect

Charleston, W. Va., City Code § 18-521 Definitions.

Sec. 18-521. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Consumer sale means a sale, whether for cash or credit, of goods, services or an interest in land in which the: (1) Sale is made by a seller who regularly engages as a seller in transactions of the same kind; (2) Buyer is an individual; and (3) Goods, services or interest in land are purchased primarily for personal, family, household or agricultural purposes. Home solicitation sale means a consumer credit sale in excess of $25.00 in which the buyer receives a solicitation of the sale at a place other than the seller's business establishment at a fixed location and the buyer's agreement or offer to purchase is there given to the seller or a person acting for the seller. The term does not include a sale made pursuant to a preexisting open-end credit account with the seller in existence for at least three months prior to the transaction; a sale made pursuant to prior negotiations between the parties at the seller's business establishment at a fixed location; a sale of motor vehicles, mobile homes or farm equipment; or a sale which may be rescinded under the federal Truth in Lending Act (being title I of the federal Consumer Credit Protection Act). A sale which would be a home solicitation sale if credit were extended by the seller is a home solicitation sale although the goods or services are paid for, in whole or in part, by a consumer loan in which the creditor is subject to claims and defenses arising from the sale. Seller includes an individual, firm, copartnership, joint venture, association, corporation, trust, estate or any other group or combination acting as a unit, other than a bona fide service club, civic body, charitable society or like organization not organized for profit. Any person convicted of a misdemeanor under this article shall have his license revoked pursuant to the applicable provisions of this chapter. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-522 License for home solicitation sales; registration.

Sec. 18-522. - License for home solicitation sales; registration. (a) It shall be unlawful for a person to engage in the business of soliciting or making home solicitation sales unless he shall first pay a license fee of $20.00 and apply for and obtain a license from the city collector, in accordance with this section. No such license may be assigned or transferred. (b) Each application for a license as required by this section shall be under oath and contain the information which the city collector may require, including without limitation the name and address of the applicant, the name and social security number of each person who will solicit or sell on behalf of the applicant and the nature, type, manufacturer and source of all goods, wares, services and merchandise to be sold. (c) Each such application shall be accompanied by either a bond in the penal sum of $3,000.00 with a solvent corporate surety licensed to do business in the state, or a cash bond in an equal amount. All such bonds shall be conditioned upon the making of final delivery of the goods, wares, services and merchandise to be sold, in accordance with the terms of any agreement between the buyer and the seller and with the provisions of this article. Any person incurring any pecuniary or other loss or damage by reason of the violation of such agreement or of this article shall have the right of action on such bond for the recovery of all damages to which such person may be entitled. (d) Any license issued pursuant to this section may be revoked by the city collector in accordance with the applicable provisions of this chapter. (e) Each person holding such a license shall pay an annual license fee of $20.00 on July 1. (f) In addition to obtaining such license, no person shall engage in the business of soliciting or making home solicitation sales unless he shall first register with the department of consumer protection. Such registration shall be effected by filing with such department in form prescribed by such department all information which such department may require. (Bill No. 7571, 4-15-2013; Bill No. 7576, 5-20-2013)

Source: City of Charleston, West Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wv/charleston/codes/code_of_ordinances?nodeId=PTIICOOR_CH18BU_ARTXIHOSOSAFetched: 11/7/2026