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)
(a) 
Except as otherwise provided by this chapter, it is unlawful for any person to act as a peddler within the city without having first obtained a license issued pursuant to this chapter. Each individual peddler shall obtain a license. In addition, there must be compliance with the business license requirements stated in Chapter 5.04.
(b) 
A peddler who does not offer for sale any goods or services with an asking price or requested donation of more than twenty dollars is exempt from the licensing requirements of this chapter including the payment of fees. Such peddlers shall be subject to Section 5.28.080 and Section 5.28.090 of this chapter.
(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.
(c) 
Permanent home address.
(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)
(a) 
Violations of any of the provisions of this chapter shall be treated as an infraction, conviction for which shall be punishable as set forth in Chapter 1.04.
(b) 
In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed necessary. In a civil action, the prevailing party shall be able to recover reasonable attorneys' fees.
(Ord. 2729-03 § 1)