Note: Prior history: Prior code § 16.9 as amended by Ordinances 2512 and 2977.
The purpose of this chapter is to regulate individuals entering upon private property, particularly private residential property, for the purpose of peddling goods, wares, merchandise or services; to protect the public against unlawful activities or operations by individuals falsely representing themselves as peddlers or solicitors; and to balance the rights and interests of those engaged in commercial and nonprofit activities with the rights and interests of those who do not want to be disturbed by such activities on their private property.
(Ord. 3099 § 1, 1994)
As used in this chapter:
"Engaged in business"
means and includes the conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity.
"Peddler"
means and includes any person who goes upon the premises of any private residence or commercial establishment in the City, not having been requested or invited by the occupant thereof, carrying, conveying or transporting food, goods, wares, merchandise or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers. "Peddler" means and includes the words "hawker," "huckster" and "itinerant merchant."
"Person"
means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, partnership, joint venture, and any other organization.
"Solicitor"
means and includes any person who goes upon the premises of any private residence or commercial establishment in the City, not having been requested or invited by the occupant thereof, taking or attempting to take subscriptions, contracts of sale, or orders for the sale of food, goods, wares, merchandise or other personal property of any nature whatever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he or she collects advance payments on such sales or not. Solicitor includes persons soliciting funds or otherwise peddling or soliciting for nonprofit religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, political, environmental, or fraternal purposes at any location in the City limits whether on public or private property. Solicitor does not include individuals soliciting signatures for recalls, initiatives, or other petitions, as well as individuals distributing non-profit religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, political, environmental, or fraternal literature or "writings," as defined in California Evidence Code Section 250.
(Ord. 3099 § 1, 1994)
It is unlawful for any person to engage in the business of peddler or solicitor, or to go from door to door or house to house or street to street for the purpose, direct or indirect, and whether or not the same is the sole purpose, of peddling or soliciting, without first obtaining a permit therefor as provided in this chapter, except as provided in Section 6-44.040.
(Ord. 3099 § 1, 1994)
The following persons and entities shall not be required to obtain the permit required by Section 6-44.030:
(A) 
Persons soliciting orders from, or selling to, retail dealers for use, or for resale, or to manufacturers for processing;
(B) 
Public agencies;
(C) 
Any person operating a regular route not less than once a week for newspapers or such goods as ice, egg, dairy or bakery products, or for laundry or dry cleaning services;
(D) 
Persons delivering or soliciting for a newspaper of general circulation;
(E) 
Persons soliciting or peddling for charitable purpose, providing all of the following conditions are satisfied:
(1) 
That charitable purposes shall mean nonprofit religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, political, environmental, or fraternal purposes;
(2) 
That the persons who conduct such solicitations and sales represent an organization engaged in the purposes enumerated in subsection (E)(1) of this section and the organization is not conducted for profit;
(3) 
That at least 15 days before the date of solicitation or sale, the organization planning to solicit shall register with the Police Department and furnish the following verified information: (1) name, address and telephone number of the person registering the organization; (2) address and telephone number of the headquarters of the organization; (3) names, addresses, and telephone numbers of the person(s) in direct charge of conducting the solicitations in Santa Rosa; (4) a description of the solicitation activities to be carried out and the nature and purpose of the organization; and (5) such other information as may be reasonably required by the Chief of Police for the purpose of identifying the organization and its agents, solicitors, and promoters.
(a) 
Within 14 days of receipt of the registration and background information, the Chief of Police shall issue a letter reflecting that the organization has registered with the Police Department. The registration letter shall remain valid for 12 months. The letter shall state the date the registration expires. A charitable organization desiring to solicit after the expiration of the 12-month period must renew its registration. At the time of renewal it must provide such other information as may be reasonably required by the Chief of Police for the purpose of identifying the organization and its agents, solicitors, and promoters,
(b) 
If a charitable organization uses solicitors not identified at the time of the initial registration or renewal at any time within 12 months of the issuance of a registration letter, such identifying information as may reasonably be required by the Chief of Police must be submitted to the Police Department upon the request of the Police Department,
(c) 
Each solicitor connected with the solicitation shall carry a copy of the letter showing registration of the charitable organization with the Police Department on his or her person at all times during such solicitation. The letter shall be exhibited to any person upon request.
(F) 
Real estate agents licensed with the California Department of Real Estate.
(Ord. 3099 § 1, 1994)
Application for the permit required by this chapter or renewal thereof shall be by declaration under penalty of perjury in writing on a form to be provided by the Chief of Police. The applicant shall give the following information and material:
(A) 
Name, birth date, driver's license or other identification number, social security number, and description of the applicant;
(B) 
Permanent home address and telephone number, and local address and telephone number of the applicant;
(C) 
The name and address of the applicant's business, his or her interest in or relationship with such business, and if the applicant is employed, the name and address of his or her employer together with credentials establishing the exact relationship between the applicant and such employer;
(D) 
A brief description of the nature of the applicant's business and of the product or service to be peddled or solicited;
(E) 
The length of time for which the permit to peddle or solicit is desired;
(F) 
A statement whether or not the applicant has been convicted of any felony or of any misdemeanor;
(G) 
Two photographs, two inches by one inch in size or similar, of the head and shoulders of the applicant; and the applicant's fingerprints;
(H) 
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;
(I) 
Any other information as may be required by the Chief of Police for the investigation of the application.
(Ord. 3099 § 1, 1994)
At the time of application for permit or renewal thereof, applicant shall:
(A) 
Pay a non-refundable fee of an amount established by resolution of the City Council to reimburse the City for the cost of processing the application;
(B) 
Submit a receipt showing that the business represented by the applicant has paid the business license tax assessed by Chapter 6-04.
(Ord. 3099 § 1, 1994)
The Chief of Police shall issue a permit, valid for not more than one year, to applicant unless it is determined that:
(A) 
Applicant has made a misrepresentation or false statement on the application;
(B) 
Applicant has been convicted of a felony or misdemeanor involving conduct which indicates that the applicant will be a danger to the person or property of members of the public;
(C) 
The activity proposed by applicant would be illegal.
Applicant shall be notified of the reasons for denial of a permit. The permit shall be issued or denied within 30 days of the filing of the application, or such shorter time as required upon a showing of good cause by applicant.
(Ord. 3099 §1, 1994)
Any permit issued pursuant to this chapter may be revoked at any time by the Chief of Police for any of the following reasons:
(A) 
Fraud, misrepresentation or false statement contained in the application for a permit;
(B) 
Fraud, misrepresentation or false statement made in the course of carrying on the activity authorized by such permit;
(C) 
Violation of any provision of this chapter;
(D) 
Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety, or general welfare of the public;
(E) 
Conviction of any felony or misdemeanor involving conduct which indicates that permittee will be a danger to person or property of a member of the public;
(F) 
Finding of any fact, that if known, would have prevented the issuance of the permit;
(G) 
Failure to pay any judgment arising from or connected with the activities authorized by the permit;
(H) 
Revocation or suspension of any required permits;
(I) 
Failure by business applicant to pay the business license tax assessed by Chapter 6-04 when due.
Prior to revoking a permit the Chief of Police shall give notice to applicant of the grounds for revocation and allow applicant to respond to said grounds.
(Ord. 3099 § 1, 1994)
Peddlers and solicitors shall comply with the following:
(A) 
Display. Every applicant shall, at all times when engaged in peddling or soliciting activities, wear an identification card supplied by the Chief of Police attached to his or her clothing so that it is easily visible to persons he or she deals with, and at all times carry the permit issued hereunder and exhibit it on request to any person.
(B) 
Activities Creating Nuisance. No solicitor or peddler, in the course of activities regulated in this chapter, shall create any public nuisance or disturb the peace and quiet of the neighborhood by the use of loud noise, brilliant lights, or any act offensive to the senses.
(C) 
Restricted Premises. No person shall peddle or solicit at any premises which are posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or words of the same import.
(D) 
Hours of Operation. It shall be unlawful for any person to enter upon any residential premises for the purpose of contacting the occupant between nine p.m. and eight a.m., unless that person is invited by or known to the occupant, or unless contact is made for emergency purposes or in the interests of public safety.
(E) 
Transfer Prohibited. It is unlawful for any person other than the licensee to use or wear any license, permit or badge issued under the provisions of this chapter.
(Ord. 3099 § 1, 1994)
(A) 
Violations and Penalties.
(1) 
No person shall solicit or peddle except as permitted by the provisions of this chapter, Chapter 6-48, or any permit issued to a solicitor or peddler;
(2) 
Every person who violates any provision of this chapter is guilty of a misdemeanor.
(Ord. 3099 § 1, 1994; Ord. 3238 § 9(a), 1996)