Privacy and crime prevention are important to Indian Wells residents for a number of reasons. Indian Wells is predominately a senior community as fifty-four (54) percent of its residents are age sixty-two (62) or older. It is an affluent community with a median family income of one hundred nineteen thousand one hundred ten dollars ($119,110.00). Moreover, the City has between four thousand (4000) and five thousand (5000) seasonal residents who spend their winter season in their Indian Wells homes and live elsewhere the balance of the year. These factors make it important that peddlers be licensed and their hours be restricted. The City Council hereby finds that unregulated transient peddlers can result in public nuisance and other dangers to public health and safety. The City Council finds that the public interest, convenience and necessity require the regulation of peddlers to promote free speech activities while safeguarding the safety of the residents of the City. Requiring registration and permitting of all peddlers will assist in protecting the public against persons of criminal habits or tendencies representing themselves as peddlers.
"Peddler" means any person who goes from house to house, or from place to place in the City selling or taking orders for, or offering to see 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 he is collecting advance payments on such sales or not.
Peddler within the City without having first obtained a license issued pursuant to this Chapter.
Applicants for license under this Chapter shall file with the Code Enforcement Officer an application in writing on a form to be prescribed by the Code Enforcement Officer.
The application shall contain the following information:
(a) 
The name and address of the peddler;
(b) 
The name and address of the person, firm or corporation by whom the peddler is employed;
(c) 
The length of service of each peddler with such employer;
(d) 
The place of residence and nature of the employment of the peddler with such employer during the last proceeding year;
(e) 
The nature or character of the goods, wares merchandise or services to be offered by the peddler;
(f) 
A personal description of the peddler, including height, weight, eye color and hair color;
(g) 
A Statement as to any convictions of any crimes, misdemeanors, violation of municipal ordinances; and the date, the nature of the offense and the penalty assessed therefore.
(h) 
A Statement that the applicant has not been convicted of any of the crimes specified in Section 9.48.090.
(i) 
Notification by the California Department of Justice that it has completed review of the applicant's fingerprints taken within thirty (30) days by an agency approved by the Code Enforcement Officer.
Such information shall be accompanied by such credentials and other evidence of good moral character and identity of each peddler as may be reasonably required by the Code Enforcement Officer.
(a) 
The application fee for peddlers hereunder shall be as follows:
1. 
For each new application where an investigation is required, five dollars ($5.00) for each application payable in advance;
2. 
For each replacement application or issuance of a new identification card, five dollars ($5.00) for each such replacement.
(b) 
Fees and investigations as used in this Section refer solely to individuals and not to firms.
Each license identification card as required by this Chapter will include a photograph of the peddler.
The City reserves the right to retain fingerprint records in its files for permanent safekeeping, to send the fingerprint record to the Federal Bureau of Investigation of the Department of Justice at Washington, D.C., or to the Criminal Investigation Department of the California Department of Justice at Sacramento, California. No fingerprint records will be returned in the event the license applied for is not issued or is subsequently suspended or revoked.
No individual shall solicit any contribution if that person has been convicted in any court of competent jurisdiction of any of the following crimes, as defined in the California Penal Code: murder, mayhem, kidnapping, robbery, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, or attempt to commit any of the aforementioned crimes. If the applicant's character or business responsibility is found to be unsatisfactory, the Code Enforcement Officer shall endorse on such application the Code Enforcement Officer's disapproval and the reason therefore and notify the applicant that the application is disapproved and that no license will be issued. If the Code Enforcement Officer finds that the applicant's character and business responsibility are satisfactory, he shall approve the application and the Finance Officer shall promptly issue the license and identification card. If the City has not completed this investigation within sixteen (16) business hours of the receipt of a complete application, a temporary identification card will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation.
Each peddler issued a license and identification card must be in possession of the license and identification card 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 police officer or official of the City. No person issued a license or an identification card shall alter, remove or obliterate any entry made upon such license or card, or deface such license or card in any way. Each license and card shall be personal and not assignable or transferable, nor shall any license or card be used by any person other than the license or the person for whom the identification card is issued.
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) 
Shouting-calling Wares. No person acting under authority of any license issued under this Chapter shall shout or call the person's wares in a loud, boisterous or unseemly manner, or to the disturbance of residents in the City.
(b) 
Order to be Written in Duplicate. Any person acting under authority of any license issued under this Chapter who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article or commodity ordered, the price to be paid therefore, the total amount ordered and the amount to be paid on or after delivery. One copy of such order shall be given to the customer.
(c) 
Every peddler shall, upon request of any person solicited, provide his/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.
(d) 
No peddler shall use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
(a) 
A license issued under this Chapter may be suspended or revoked by the Code Enforcement Officer 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 as 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.
(b) 
This section shall be self-executing and the suspension or revocation shall be effective immediately. The City Clerk 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.
In the event that any applicant or licensee desires to appeal from any order, revocation or other ruling of the Code Enforcement Officer, such applicant or any other person aggrieved shall file written notice of such appeal with the City Clerk and such matters shall be hard at the next regular meeting of the City Council, at which time the City Council shall hear and receive evidence, written and oral upon all matters involved. The decision of the City Council may be final upon all parties concerned.
It is unlawful for any person described in Section 9.48.010 of this Chapter 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 9.48.010 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 Peddlers," "No Solicitors," or words of similar import, is painted or affixed so as to be exposed to public view.
Nothing in this Chapter shall prohibit persons from distributing handbills door-to-door within the City without a permit.
No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 9:00 p.m. and 9:00 a.m.
(Ord. 46 § 10(a-c), 1968; Ord. 553, § 1, 2004)