40.1-112 - Solicitation generally.
§ 40.1-112. Solicitation generally.
A. In order to provide for enforcement of the child labor laws and theprotection of employees, it shall be unlawful for any person, firm orcorporation, except a nonprofit organization as defined in § 501 (c) (3) ofthe United States Internal Revenue Code, to engage in or to employ any personfor, or suffer or permit any person in his employment to work in, any tradein any street or public place, including but not limited to candy sales orsoliciting for commercial purposes, selling, or obtaining subscriptioncontracts or orders for books, magazines or other periodical publicationsother than newspapers, without obtaining from the Commissioner a permit toconduct such business. No permit shall be required for the placement ofadvertisements or literature on or near a business or private residence, ifthere is no attempt, in person, to solicit business or make a sale at thetime of the placement of the material.
B. Such permits shall be valid from the date of issuance until June 30 nextfollowing the date of issuance. Applications may be made not more than thirtydays prior to the requested date of issuance on forms furnished by theCommissioner, and the applicant shall supply such information as is requiredconcerning his place or places of business, the prospective number of hisemployees, and the proposed hours of work and rate of compensation for suchemployees. A separate permit shall be required for each place of businesswhich the applicant operates within this Commonwealth.
C. Each permittee shall maintain such records as may be prescribed by theCommissioner showing the name, residence address and age of each employee,the hours worked by each employee, the place where such work was performed,and the compensation paid and payable to such employee. Such records shall beavailable for inspection by the Commissioner or a representative designatedby him during business hours.
D. No child shall be employed or permitted to work by or for any permitteeunless all the following conditions are satisfied:
1. The child is at least sixteen years of age;
2. The permittee has a permanent business address within this Commonwealth;and
3. The child works at all times under the immediate supervision of an adult.
E. No child shall be required, permitted or directed to make any falsestatement representing himself, his employer or products or services in hisemployment.
F. Any person violating any provision or condition of this section shall beguilty of a Class 1 misdemeanor for each such violation. Any violation ofthis section by a permittee or with his knowledge and consent shall inaddition be grounds for revocation of the permit.
(Code 1950, § 40-118.3; 1964, c. 315; 1966, c. 603; 1968, c. 743; 1970, c.321; 1973, c. 13; 1979, c. 219; 1982, c. 137; 1991, c. 511; 1998, c. 157.)