The city council finds that persons and organizations have been
and are visiting private residential properties in the city for the
purposes of peddling goods, wares, merchandise or services, and that
some residents find such visits to be bothersome and intrusive. The
city council further finds that a variety of misrepresentations and
other frauds are at times employed in such activities. The city council
further finds that public safety and convenience necessitates the
exercise of the police power of the city through the enactment and
enforcement of this chapter for the purpose of protecting the privacy
of residents and preventing fraudulent practices by persons representing
themselves as peddlers.
(Ord. 2729-03 § 1)
"Peddler"
means any person goes upon the premises of any private residence
in the city, not having been requested or invited by the occupant
thereof, selling or taking orders for, or offering to sell or take
orders for goods, wares and merchandise for present or future delivery,
or for services to be performed immediately or in the future, whether
or not such person has, carries or exposes a sample of such goods,
wares and merchandise, or not and whether or not the person is collecting
advance payments on such sales or not.
(Ord. 2729-03 § 1)
Applicants for license under this chapter shall file with the
director of public safety an application in writing on a form to be
furnished by the department of public safety, which shall give the
following information:
(a) Name
and physical description of the applicant.
(b) Date
of birth, driver's license or other identification number, Social
Security number.
(d) Local
address and telephone number.
(e) The
nature or character of the goods, wares, merchandise or services to
be offered by the peddler.
(f) If
employed, the name, address and telephone number of the employer,
or if acting as agent, the name, address and telephone number of the
principal who is being represented, with credentials in written form
establishing the relationship and the authority of the employee or
agent to act for the employer or principal, as the case may be.
(g) The
length of time for which the right to peddle or solicit is desired.
(h) Two
photographs of the applicant, taken within sixty days immediately
prior to the date of filing of the application, measuring one inch
by one inch, and showing the head and shoulders of the applicant in
a clear and distinguishing manner.
(i) The
names of, and a means of contacting, at least two reliable persons
residing in the county of Santa Clara, who will certify as to the
applicant's good character and business reputation, or, in lieu
of the names of such references, such other available evidence as
to the good character and business reputation of the applicant as
will enable an investigator to properly evaluate the applicant's
character and responsibility.
(j) A
statement as to whether or not the applicant has been convicted of
any criminal offense, whether felony or misdemeanor, other than minor
traffic violations. As to any such offense, the date and place of
conviction, the nature of the offense, and the punishment or penalty
imposed must be provided.
(k) Proof
of possession of any license or permit which, under federal, state
or local laws or regulations, the applicant is required to have in
order to conduct the proposed business, or which, under any such law
or regulation, would exempt the applicant from the licensing requirements
of this chapter.
(Ord. 2729-03 § 1)
At the time the application is filed with the director of public
safety, the applicant shall pay a fee sufficient to cover the cost
to the city of processing the application. The amount of the fee shall
be set by resolution of the city council.
(Ord. 2729-03 § 1)
(a) Upon
receipt of an application, the director of public safety, or authorized
representative, shall cause an investigation to be made of the applicant's
moral character and business reputation, as deemed necessary for the
protection of the public health, safety and general welfare.
(b) The
director of public safety shall deny an application for a license
if he or she makes any of the following findings:
(1) The applicant has failed to pay the application license fee.
(2) The applicant has made one or more material misstatements in the
application for a license.
(3) The applicant has ever been convicted or held liable for a crime
of moral turpitude, or any felony or misdemeanor offense that reasonably
and directly indicates a potential risk to the public.
(4) The applicant has had a judgment in an action for fraud, deceit or
misrepresentation entered against it, him, her, or them by any court
of competent jurisdiction within ten years prior to the date of application.
(5) The applicant fails to provide proof of possession of any license
or permit which, under federal, state or local laws or regulations,
the applicant is required to have in order to conduct the proposed
business.
(6) The applicant has previously been convicted for violation of any
provision of this chapter, or who has had any license issued pursuant
to this chapter revoked.
(7) The director of public safety possesses any other credible information
concerning the applicant, his or her employer or principal that reasonably
and directly indicates the peddling activities will likely be used
as a means of committing crime, fraud or deceit.
(8) Within the last five years, the applicant has failed to comply with
a final court order or administrative action of an investigatory agency
finding a violation of applicable federal, state and local wage and
hour laws, including, but not limited to, the Federal Fair Labor Standards
Act, the California
Labor Code, and any local minimum wage ordinance
or prevailing wage requirements. For purposes of this subsection,
a final court order or administrative action is one as to which there
is no pending appeal and the time for filing an appeal has passed.
(c) If
the application is disapproved, the director's disapproval and
the reasons for disapproval shall be noted on the application, and
the applicant shall be notified that his or her application is disapproved
and that no license will be issued. Notice shall be mailed to the
applicant at the address shown on the application form, or at the
applicant's last-known address.
(d) If
the director of public safety finds that the applicant's character
and business responsibility are satisfactory, director of public safety
shall endorse his or her approval on the application and shall, upon
payment of the prescribed fee, deliver the required license and identification
badge to the applicant.
(Ord. 2729-03 § 1; Ord. 3133-18 § 1)
All licenses issued under the provisions of this chapter shall
expire one year from date of issuance, unless an earlier expiration
date is noted on the license.
(Ord. 2729-03 § 1)
It is unlawful for any person described in Section
5.28.010 of this chapter, whether licensed or unlicensed, to enter upon any residential premises between nine p.m. and eight a.m.
(Ord. 2729-03 § 1)
It is unlawful for any person described in Section
5.28.010 of this chapter, whether licensed or unlicensed, to perform or attempt to perform the acts described in such section by ringing the doorbell or knocking at the door or otherwise calling attention to the person's presence of or at any residence whereon a sign bearing the words "No Peddlers," "No Solicitors" or words of similar import is painted or affixed so as to be exposed to public view, and no such person described in Section
5.28.010 shall perform or attempt to perform any of the acts described in such section in any building, structure or place of business whereon or wherein a sign bearing the words "No Peddler," "No Solicitors" or words of similar import, is painted or affixed so as to be exposed to public view.
(Ord. 2729-03 § 1)
The following conditions and regulations shall also apply to
the exercises of the privileges granted by licenses issued under the
provisions of this chapter in addition to those set forth in other
parts of this chapter or elsewhere in this code:
(a) Every
peddler issued a license and identification badge must be in possession
of the license and identification badge at all times when engaged
in the business so licensed within the city. The peddler must produce
and show the license and identification card on the demand of any
person solicited or of any public safety officer or official of the
city. No person issued a license or an identification badge shall
alter, remove or obliterate any entry made upon such license or badge,
or deface such license or card in any way. Each license and badge
shall be personal and not assignable or transferable, nor shall any
license or badge be used by any person other than the licensee or
the person for whom the identification badge is issued.
(b) Every
peddler, upon the request of any public safety officer or official
of the city, shall sign the peddler's name for comparison with
the signature upon the license or card or the signature upon the license
application.
(c) Every
peddler who solicits orders for future delivery shall, if requested
by the customer, provide a receipt plainly stating the quantity of
each article or commodity ordered, the price to be paid therefor,
the total amount ordered and the amount to be paid on or after delivery.
(d) Every
peddler shall, if requested by the customer, provide his or her name,
business address and telephone number and the name, business address
and telephone number of the person, organization, or entity on whose
behalf solicitation is being made.
(Ord. 2729-03 § 1)
(a) A
license issued under this chapter may be suspended or revoked by the
director of public safety for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application
for license;
(2) Fraud, misrepresentation or false statement made in the course of
carrying on the business of peddler;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving moral turpitude;
(5) Conducting the business of soliciting or of canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public;
(6) The applicant has failed to comply with a final court order or administrative
action of an investigatory agency finding a violation of applicable
federal, state and local wage and hour laws, including, but not limited
to, the Federal Fair Labor Standards Act, the California
Labor Code,
and any local minimum wage ordinance or prevailing wage requirements.
For purposes of this subsection, a final court order or administrative
action is one as to which there is no pending appeal and the time
for filing an appeal has passed.
(b) This
section shall be self-executing and the suspension or revocation shall
be effective immediately. The director of public safety shall give
notice of the suspension or revocation of the license and sufficient
notice shall be given if mailed or delivered to the licensee at licensee's
last known local address.
(Ord. 2729-03 § 1; Ord. 3133-18 § 1)
In the event that any applicant or licensee desires to appeal
from any order, revocation or other ruling of the director of public
safety or any other official of the city, made under the provisions
of this chapter, such applicant or any other person aggrieved shall
file shall have the right to appeal such action or decision to the
city manager within fifteen days after the notice of the action or
decision has been mailed to the person's address as shown on
the license application form, or to his or her last known address.
An appeal shall be taken by filing with the director of public safety
a written statement setting forth the grounds for the appeal. The
director of public safety shall transmit the written statement to
the city manager within ten days of its receipt and the city manager
shall set a time and place for a hearing on the appeal. A hearing
shall be set not later than twenty days from the date of receipt of
the applicant's written statement. Notice of the time and place
of the hearing shall be given to the appellant in the same manner
as provided for the mailing of notice of action or decision. The decision
of the city manager on the appeal shall be final and binding on all
parties concerned.
(Ord. 2729-03 § 1)
Nothing in this chapter shall prohibit persons from distributing
handbills door-to-door within the city without a permit.
(Ord. 2729-03 § 1)