For the purposes of this chapter, the following words and phrases
are defined as follows:
means any person, co-partnership, firm, company, corporation
or organization recognized by the state of California as a non-profit
organization."
means a plea or verdict of guilty or a conviction following
a plea of nolo contenders.
means a fixed place, location or building, owned by the person
who uses such place, location or building as his permanent place of
business, or rented or leased by the user on a yearly or monthly basis,
which place may be the residence of the user if zoned for such in
Merced County.
means any person who has no established place of business
in Merced County who goes from place to place, or from door to door,
or sets up a temporary location, or place for the purpose of selling
any goods, wares or merchandise at that location, or the taking of
orders for the sale of goods, wares, merchandise, or services to be
delivered at some future time or date.
means a 30 day calendar period.
means any associations, foundations, corporations or organizations
recognized by the state of California as a non-profit organization."
means that a location may not be used in excess of 72 hours
in any 30 day period.
means every member of the Armed Services of the United States
who has received an honorable discharge or a release from active duty
under honorable conditions from such service.
(Ord. 307, 1954; Ord. 1244, 1987)
Except as provided in this chapter, it is a violation for any
itinerant vendor to engage in any business in any unincorporated area
of Merced County, whether for himself or as agent or employee of some
other person, firm, company, corporation, association or organization,
without having first procured from the sheriff a permit for such purpose.
The sheriff is designated as an agent of the board of supervisors
for the purpose of issuing such permit.
The sheriff is authorized to require applicant to obtain approval
from the following county departments to ensure the health, welfare,
liability and safety of persons in said county. Departments include,
but are not limited to: planning, health, public works, agricultural
commissioner, fire, county risk management, housing authority, and
Veterans Administration. The approval given by the departments listed
above is expressly limited to Itinerant Vendors permits under this
chapter and provides absolutely no permission, authority or right
to any other permits that may be required by law.
(Ord. 307, 1954; Ord. 1244, 1987)
Before any permit shall be issued, an application shall be filed
in writing with the sheriff of the county, signed by the applicant
and declared by him/her to be true under penalty of perjury. Said
applicant must be at least 18 years of age.
The application will show: his/her name; date and place of birth;
permanent address and/or his temporary address, if any; business or
occupation; complete information regarding the goods, wares or merchandise
which he/she intends to sell; complete physical description; a description
and license number of any vehicle used in his/her business; a complete
record of any misdemeanor or felony convictions, if any, including
the time, the place of offense, the offense for which convicted, and
the disposition of same. The applicant shall also submit to the Sheriff
two small current facial photographs and a set of fingerprints along
with the State-imposed fee for such. If the applicant is other than
self-employed, he shall also show in his application the name and
address, both permanent and temporary, of the firm, person, company,
corporation or association by which he is employed, or which he represents,
and the nature of business and complete information regarding the
goods, wares and merchandise which such firm, person, Merced County
Code corporation or association sells or distributes. It is the applicant's
responsibility to obtain all other licenses as required by law.
(Ord. 307, 1954; Ord. 799, 1976; Ord. 1244, 1987)
No permit issued under this chapter shall be transferable, and
such shall be used only by the person to whom it has been issued.
The permit shall show the description of the holder, his name and
address, with the names of his principal, if other than the permittee,
and the nature of the business for which the permit has been issued.
The permit shall also be signed by the permittee in ink, and shall
bear the inked impression of his right thumb print along with his
current facial photo.
(Ord. 307, 1954; Ord. 1244, 1987)
If the applicant is a firm, company, corporation, association,
organization or individual that will have a number of other individuals
working for same, only one permit fee will be required. However, for
each additional person receiving an additional permit under the parent
permit, a fee as established by the Board of Supervisors by resolution
shall be charged along with application requirements. Additionally,
should any person having an employee between the ages of 14 and 17,
said employee must furnish a copy of their work permit as issued by
the school of attendance during the school year or during summer vacation
when work permits can be obtained from the Merced County Schools Administration
Office. Any duplicate permit issued due to loss, etc., the permittee
shall furnish another current facial photo and pay the fee for duplicate
permits as established by the Board of Supervisors by resolution.
(Ord. 1244, 1987)
The Sheriff, within fifteen days after the application is received,
shall make and complete an investigation of the applicant and his
employer, if any, to determine whether his character and that of his
employer, if any, for morality, honesty and integrity, for a conviction
of any misdemeanor or felony or any other factor that would go into
determining in the reasonable judgment of the Sheriff as bearing on
the good character of same to receive a permit.
If the Sheriff finds nothing in his investigation to the contrary,
he shall immediately issue the permit. If, however, the Sheriff's
investigation discloses anything which would indicate that the applicant's
character or that of his employer, if any, for morality, honesty and
integrity is not good, the Sheriff shall deny the permit and forward
his investigation report, his recommendation, and the application
to an Independent Hearing Officer who has been appointed by the Board
of Supervisors.
For each person issued a permit, the Sheriff shall collect the
current fee for the calendar year as established by the Board of Supervisors
per resolution. If an applicant, upon paying the fee reflected herein
and he/she or his employer possesses a current business license or
permit with another city, county or state agency in California, then
the applicant, upon presenting a copy of such license or permit to
the Sheriff, shall be issued a permit immediately, pending the completion
of the investigation by the Sheriff.
(Ord. 307, 1954; Ord. 799, 1976; Ord. 1244, 1987)
Non-profit associations, foundations, corporations or organizations
as recognized by the State of California as such are not required
to obtain an itinerant vendor's permit, but same are required
to obtain a nonprofit permit. To obtain a permit, the organization
must present to the Sheriff's department a copy of their non-profit
exemption status as issued by the Secretary of State of California
along with a copy of their current board of directors, and a complete
list of solicitors. The list must include their names, date of births,
current addresses, telephone numbers, the dates and area that will
be solicited and the purpose of solicitation. Such permit must be
requested at least seven days before the date of proposed solicitation.
All fees and fingerprinting for non-profit organizations are waived.
Nothing in this chapter shall apply to merchants having an established
place of business in Merced County, or to their employees Cal.Rptr.
agents; nor to any city businesses located in Merced County, but said
businesses must have in their possession a copy of their current business
license at all times; nor to wholesalers or their representatives,
employees or agents calling upon retail business houses; nor to farmers
of Merced County, or their employees selling farm products grown by
such farmers and sold on the premises where grown. Veterans pursuant
to State Code and this ordinance are exempt from any fees. However,
they are required to obtain an exempt permit and furnish all the information
related to obtain such permit. It should be noted that a veteran pursuant
to such code is the only one exempt therein. Same does not apply to
the veteran's spouse or children providing the services as employees
to same. Veterans applying for exemption must obtain a current letter
from the Veterans Administration Office stating he meets the requirements
of the Business and Professions Code, and a copy of their Honorable
Discharge Certificate.
Excluded from the above are the following as defined and permitted by the Environmental Health Agency in Chapter 9.42 of the Merced County Code: Itinerant Restaurant, Temporary Food Facility, Food Vehicle or Mobile Food Preparation Unit.
(Ord. 307, 1954; Ord. 1244, 1987)
After said permit is issued, it is the duty and responsibility
of the applicant to keep the Sheriff informed of the following: any
civil or criminal court action which may arise, the status of same
on a monthly basis and the final disposition of same. Also, any changes
in the original application must be reported to the Sheriff within
seven days. Failure to report a change of circumstances is independent
grounds for the suspension of such permit.
(Ord. 1244, 1987)
Every person issued a permit under this chapter shall display on his person his permit at all times while engaged in such business, and also have in his possession written permission to be on such public or private property from said owner of such property and shall, upon demand of any peace officer, fire warden, or representative from any other agency as described in § 6.24.020, present such permit, written permission, vehicle and wares for inspection. The permittee shall also exhibit, upon request, his permit, to any person to whom he sells, attempts to sell, or solicits to purchase for delivery at any future time, any goods, wares or merchandise. The permittee shall also make a duplicate receipt on all wares, merchandise or goods sold or to be delivered at a later date, excluding non-profit organizations. The receipt will have the sellers current name, address, phone number, items purchased, cost of such items, tax, total amount due, any partial payments or paid in full, along with proposed date of delivery of said merchandise. One copy will be retained by seller and available for inspection by above said persons or agency, the second copy will be given to the consumer.
(Ord. 307, 1954; Ord. 1244, 1987)
Nothing in the terms of this chapter shall be construed as authority
for any permittee to engage in any unlawful business or act or acts.
It is the responsibility of the permittee to obtain and keep with
him or her written permission from the owner of any private or public
property during any period of time for the dates of that temporary
permission that said permittee is temporarily located on such property.
Only one itinerant vendor may locate on any given property at a time,
and no property owner shall grant permission to more than one itinerant
vendor to operate on his property at any one time.
A.
Denial.
The Independent Hearing Officer shall set a date and time for a hearing
on the granting or denial of the application and give at least five
days written notice thereof by mail addressed to the applicant at
his permanent address. Said hearing shall be set by the Independent
Hearing Officer within seven days after first receiving the report
and the recommendation from the Sheriff on the application. At the
hearing, the Independent Hearing Officer shall consider the morality,
honesty and integrity of the applicant or that of his employer, if
any, or any other factors which were used by the Sheriff in his reasonable
judgment and resulted in the recommendation of denying the application
for a permit. The Independent Hearing Officer will make a ruling at
the end of such hearing or within five days thereafter, either concurring
with the Sheriff's recommendation to deny the application or
ruling in behalf of the applicant, thereby issuing the permit himself
on forms provided by the Sheriff.
If the Independent Hearing Officer concurs with the Sheriff,
the applicant may, within five days of mailing of such notice of adverse
ruling, appeal same to the Board of Supervisors. If such applicant
fails to appeal same to the Board of Supervisors within the five days
of mailing of notice to same, the Independent Hearing Officer's
decision is final. If the applicant should appeal same to the Board
of Supervisors, the Board will follow the recommendation of the Independent
Hearing Officer unless the applicant can show by clearly convincing
evidence that such a ruling was in error. If the applicant fails to
appear before the Board of Supervisors on the date and time set for
the hearing of same, the matter is resolved on the ruling of the Independent
Hearing Officer.
When same is presented to the Board of Supervisors, the facts
used by the Independent Hearing Officer or the Sheriff shall not be
re-litigated but shall be presented for same to review in closed session.
The Board of Supervisors shall, resolve same, either by concurring
with the Independent Hearing Officer, thereby denying the application,
or shall resolve same by ordering the hearing officer to immediately
issue the permit on forms provided by the Sheriff. The Board of Supervisors
resolution of same in any event is the final administrative remedy
available to the applicant.
B.
Suspension
and Revocation. The Sheriff of Merced County is authorized temporarily
to suspend the permit of any person permitted under this chapter whenever
it appears to him that the permittee has engaged in any unlawful business,
act or acts, when any complaint has been lodged against same or when
any matter comes to the attention of the Sheriff that the information
provided in the applicant's application was false.
Upon such suspension, the Sheriff shall, within five working
days, file with the Independent Hearing Officer appointed by the Board
of Supervisors a written report against the permittee. Thereafter,
the Independent Hearing Officer shall set said matter for hearing
and mail a written notice of such hearing to the permittee, at his
or her last known address, at least five days prior to said date of
hearings. The Independent Hearing Officer shall have power to resolve
same by: (a) revoking the temporary suspension; (b) by suspending
the permit for any such further period as he may deem proper; or (c)
finally revoking or annulling such permit as the facts may warrant.
Should the Independent Hearing Officer's ruling be adverse
to the permittee, said permittee may appeal same to the Board of Supervisors.
The Board of Supervisors upon receiving the appeal from the Independent
Hearing Officer's ruling shall set the matter for hearing and
mail a written notice for such hearing to the permittee at his last
known address at least five days prior to said date of hearing, the
Board shall have the power to concur with or reject the Independent
Hearing Officer's decision. If the applicant fails to appear
at the time set for hearing, the Board will consider the matter resolved
by the ruling of the Independent Hearing Officer. If the applicant
does appear, the applicant will have to show by clear and convincing
evidence, that the Hearing Officer was incorrect in his ruling. The
Board will not allow same to be re-litigated before same but consider
the matter submitted on the transcript and no new evidence shall be
received at that time. The Board shall announce its ruling either
concurring with the Independent Hearing Officer or resolving same
in a different manner at the date of the hearing. In any event, the
decision of the Board of Supervisors will be the final administrative
remedy available to permittee.
(Ord. 307, 1954; Ord. 1244, 1987)
Said permit, if it has not been suspended or revoked, may thereafter
be renewed yearly by the applicant paying the Sheriff in advance,
the fee as set up by the Board of Supervisors by resolution for the
calendar year along with supplying a new set of two current facial
photographs at such new application date.
The date required for the renewal of permit is January 1 through
January 31st of the renewing year. Any renewal after said date, applicant
will pay an additional penalty for failing to renew license as set
by the Board of Supervisors by resolution.
(Ord. 1244, 1987)
The permit issued under this chapter does not allow or authorize the use of same on the public highway or road right-of-way nor does it allow or authorize the use of same on public or private property without the writ-ten permission of the current owner in their possession at all times. A suitable paved driveway approach leading to an adequate parking area for the activity is required. No area may be used for a use where such activity is prohibited by Title 18 of the Merced County Code, entitled "Zoning." Therefore, such areas are hereby expressly stated to be prohibited areas and the use of which or failure to have written permission is a violation under this chapter, § 13.16, and § 1.28.030 of the Merced County Code.
(Ord. 1244, 1987)
Only two appropriate temporary, unlighted stand-up signs not to exceed 24 square feet each may be used on the current location as defined in § 6.24.090. No signs may be attached to any tree, post, structure, placed into the ground, or so placed to impair traffic visibility or create any hazard to traffic or property. Signs must be removed at the end of each day.
(Ord. 1244, 1987)
Any person, firm, company, corporation, association or organization who violates any of the provisions of this chapter shall be guilty of an infraction and shall be cited by any of the county departments listed in § 6.24.020 of this chapter. Any department that issues a citation will also forward a copy of said citation to the Sheriff's Department.
All citations will be processed through the Merced County Municipal Court and all persons shall be subject to penalties as set forth in § 1.28.030 of the Merced County Code and any Penal Code sections as deemed necessary.
(Ord. 307, 1954; Ord. 1244, 1987)
