A.
The
city council declares that this chapter is adopted to achieve the
primary purpose of regulating the activities of peddlers, solicitors,
hawkers, itinerant merchants, and certain businesses of the order,
to promote the health, safety and welfare of the inhabitants of the
city and not for the purpose of raising revenue. The city council,
therefore, declares that the provisions of this chapter be interpreted
in order to accomplish the above enumerated purposes.
(Prior code § 4-1.22; Ord. 2191 § 2, 2019)
As used in this chapter, the words and phrases contained in
this section shall have the following definitions:
means any nonprofit community organization, fraternal, benevolent,
educational, philanthropic or service organization, governmental employee
organization, any person who solicits or obtains contributions solicited
from the public for charitable purposes, and any person who holds
any assets for charitable purposes. Nonprofit community organization
shall include political organizations.
means and includes any person, whether a resident of the
city or not, traveling by foot, wagon, automotive vehicle, or any
other type of conveyance from place to place, from house to house,
or from street to street, carrying, conveying or transporting goods,
wares, merchandise, food products, meats, fish, vegetables, fruits,
garden truck, farm products, or provisions, offering and exposing
the same for sale, or making sales and delivering articles to purchasers,
or who, without traveling from place to place, shall sell or offer
same for sale from a wagon, automotive vehicle, railroad car, or other
vehicle or conveyance. Any person who solicits orders and as a separate
transaction makes deliveries to purchasers as a part of a scheme or
design to evade the provisions of this chapter shall be deemed a peddler
subject to the provisions of this chapter. The word "peddler" shall
include the words "hawker" and "huckster."
means any individual, whether a resident of the city or not,
traveling either by foot, wagon, automobile, motor truck, or any other
type of conveyance from place to place, from house to house, or from
street to street, taking, or attempting to take, orders for the sale
of goods, wares and merchandise, personal property of any nature whatsoever
for future delivery, or for services to be furnished or performed
in the future, or whose activities may, in any way, result in such
sale or the furnishing of such services, whether or not such individual
has, carries or exposes for sale a sample of the subject of such sale
or whether he or she is collecting advance payments on such sale or
not, and such definition shall include any person who, for him or
herself or for another firm or corporation, hires, leases, uses or
occupies any building, structure, tent, railroad boxcar, hotel room,
lodginghouse, apartment, shop, or any other place within the city
for the sole purpose of exhibiting samples and taking orders for future
delivery.
means any person, whether as owner, agent, consignee or employee,
whether a resident of the city or not, who engages in a temporary
business of selling and delivering goods, wares and merchandise in
the city, and who, in furtherance of such purpose, hires, leases,
uses or occupies any building, structure, motor vehicle, tent, railroad
boxcar, public rooms in hotels, lodginghouses, apartments, shops,
or any street, alley or other place within the city for the exhibition
and sale of such goods, wares and merchandise, either privately or
at public auction; provided, however, that such definition shall not
be construed to include any person who, while occupying such temporary
location, does not sell from stock, but exhibits samples only for
the purpose of securing orders for future delivery only. The person
so engaged shall not be relieved from complying with the provisions
of this chapter merely by reason of associating temporarily with any
local dealer, trader, merchant or auctioneer, or by conducting such
transient business in connection with, as a part of, or in the name
of any local dealer, trader, merchant or auctioneer.
(Prior code § 4-1.35)
A.
It is
unlawful for any solicitor, peddler, hawker, itinerant vendor, or
any other person to go upon the premises of any private residence
within the city, without an invitation by the person in possession
of said premises, for the purpose of soliciting orders for the sale
of goods, newspapers, books, pictures, periodicals, magazines, insurance
and building and loan stock or accounts, or any other personal property,
or for the purpose of demonstrating or disposing of the same, unless
such person first applies for and obtains a permit from the chief
of police.
B.
It is
unlawful for any solicitor, peddler, hawker, itinerant vendor or any
other person to sell on a public sidewalk, or other city-owned or
controlled public property, goods or merchandise, other than newspapers,
books, magazines and similar material. As to public property not owned
or controlled by the city, no violation of this subsection will exist
if the person has written permission from the public entity owning
or controlling the property to conduct thereon the activity.
C.
Notwithstanding subsections A and B of this section, during a Pleasanton Downtown Association special sponsored event, it is unlawful for any solicitor, peddler, hawker, itinerant vendor, or any other person to sell or give away goods or merchandise, other than newspapers, books, magazines or similar material, on any unenclosed property within the Pleasanton downtown business improvement district without a permit to do so from the Pleasanton Downtown Association. For purposes of this subsection, a Pleasanton Downtown Association special sponsored event shall include, but not be limited to, antique fairs, Heritage Days Fair, Cruise Night, Taste of Downtown, and the Catwalk.
(Prior code § 4-1.23; Ord. 1697 § 1, 1996)
A.
An application for a permit required by Section 6.36.030 of this chapter shall contain the following information and comply with the following requirements:
1.
The
name of the applicant;
2.
The
permanent home address, full local address, driver's license number
and social security number of applicant and employee;
3.
A
brief description of the nature of the business, the goods to be sold,
and organizational documents as appropriate;
4.
If
employed, the name and address of the employer;
5.
If
a vehicle is to be used, a description of the same, together with
the license number or other means of identification;
6.
If
any food product or substance for human consumption which is not prepackaged
is involved, a statement by a licensed physician dated not more than
10 days prior to the filing of the application, certifying that the
applicant is free of contagious, infectious or communicable disease;
7.
The
applicant shall be fingerprinted and photographed; provided, however,
that an applicant or a person or persons on behalf of whom an applicant
is filing who are under the age of 18 shall be exempt from the fingerprinting
and photographing requirements of this subsection;
8.
A
statement as to whether or not the applicant has been convicted of
a felony, or of a misdemeanor involving the violation of any municipal
or county ordinance regulating or taxing any business, or of a misdemeanor
involving moral turpitude;
9.
In the event that a person, association, partnership, corporation or other legal entity applies for a permit herein on behalf of another person or persons, the application shall contain, with respect to such other person or persons, the information required by subsections 1, 2, 3, 4, 5 and 8 and comply with the requirements of subsection 6 and 7 of this subsection.
B.
Upon
the filing of the application, the applicant shall pay a fee of $25.00
to aid in defraying the cost of regulation. A fee of $18.50 shall
be paid for each employee for whom photographing and fingerprinting
is required.
(Prior code § 4-1.25; Ord. 1222 § 13, 1985)
Upon receipt of an application pursuant to Section 6.36.040 of this chapter, the chief of police shall initiate an investigation of the moral character and financial responsibility of the applicant and those on whose behalf he or she may have filed. In determining financial responsibility and moral character, the chief of police shall consider any criminal record and the reputation of the applicant as determined by a check with the Better Business Bureau, or any other reputable information-dispensing agency. Within three days of the initiation of his or her investigation, and as a result of said investigation, the chief of police shall make one or another of the following determinations, and shall notify the applicant thereof immediately:
A.
To deny
to applicant a permit if he or she finds that the moral character
and financial responsibility of the applicant is unsatisfactory in
that the applicant has been convicted of a felony or of a misdemeanor
involving the violation of a city or county ordinance regulating any
business, or of a misdemeanor involving moral turpitude, or if the
moral character and/or financial responsibility of the applicant is
otherwise unsatisfactory as determined from the reputation of the
applicant; provided, however, that if one or more, but not all, of
the persons on whose behalf an application is filed are determined
to be of unsatisfactory moral character or financial responsibility,
only their names shall be stricken from the permit;
B.
To grant to the applicant a permit if the moral character and financial responsibility of the applicant is not determined to be unsatisfactory as provided in subsection A of this section. If a permit is granted the applicant, he, she and those persons on whose behalf he or she filed an application shall be furnished appropriate evidence of such permit, which evidence he, she and/or they shall be required to display upon request.
(Prior code § 4-1.26)
A permit granted pursuant to this chapter shall be valid for
one year from the date of issuance. No fee, nor any new fingerprints
or photograph shall be required for the renewal of a permit required
by this chapter so long as renewal follows within 10 days of the expiration
date of the permit.
(Prior code § 4-1.27)
Except as provided for in this chapter, a permit issued pursuant
to this chapter shall not be valid on Sunday or before 9:00 a.m. or
after 8:00 p.m., Monday through Saturday. Permits issued to ice cream
vendors using the public right-of-way shall be valid Monday through
Saturday, 9:00 a.m. to 8:00 p.m., and Sunday, 1:00 p.m. to 6:00 p.m.
(Prior code § 4-1.29)
Any permit issued pursuant to Section 6.36.050 may be revoked by the chief of police for any of the following reasons:
A.
Fraud,
misrepresentation of 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 the permit;
C.
Violation
of any provision of this chapter;
D.
Conducting
the activity authorized in 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 of a misdemeanor involving the violation of a city
or county ordinance regulating any business, or of a misdemeanor involving
moral turpitude, or if the moral character and/or financial responsibility
of the applicant is otherwise unsatisfactory as determined from the
reputation of the applicant.
(Prior code § 4-1.29)
It is unlawful for any person to go upon the premises of any
private residence in the city, without an invitation by the person
in possession of the premises, for the purpose of soliciting contributions
or soliciting sales for any charity without having first applied for
and obtained a permit to do so from the police department.
(Prior code § 4-1.30)
A.
An application for a permit to engage in the activities referred to in Section 6.36.090 shall provide the following information:
1.
The
name of any organization on whose behalf contributions are to be solicited,
its address, the names of its principal officers and appropriate organization
documents;
2.
The
name, driver's license number and social security number of each applicant
who will solicit;
3.
The
permanent home address and the business address of the applicant;
4.
If
a vehicle is to be used, a description of the same, together with
the license number;
5.
A
statement as to whether or not the applicant has been convicted of
a felony or a misdemeanor involving crimes against persons or property;
6.
The
information required by California Business and Professions Code Section
17510.3 with the required card or brochure attached.
B.
All
information shall be submitted under penalty of perjury.
(Prior code § 4-1.31)
The police department shall review the application and approve
it unless it finds that:
A.
The
applicant has been convicted of a felony or a misdemeanor involving
crimes against persons or property;
B.
Has
not provided the information required by Business and Professions
Code Section 17510.3 in the required form.
(Prior code § 4-1.32)
Any permit to engage in the activities referred to in Section 6.36.090 of this chapter may be revoked at any time by the police department for the following reasons:
A.
Misrepresentation
of a fact material to the granting or denying of the permit;
B.
Failure
to comply with the Business and Professions Code Section 17510.3 during
the solicitations.
(Prior code § 4-1.33)
Any person aggrieved by any action of the police department
or chief of police taken pursuant to this chapter shall have the right
of appeal to the city council. Such appeal shall be taken by filing
with the city clerk, within fourteen days after notice of the action
complained of has been received by such person a statement setting
forth fully the grounds of such appeal. The council shall set a time
and place for a hearing on such appeal and the city clerk shall promptly
give notice of such hearing to the appellant in writing and mailed,
postage prepaid, to the appellant at his or her last known address
at least five days prior to the date set for such hearing. The decision
and order of the council on such appeal shall be final and conclusive.
(Prior code § 4-1.34)
Any person aggrieved by the action of the police department
or the chief of police with regard to the granting, denying or revoking
of a permit, may at the aggrieved's discretion, appeal to the city
manager, or his or her designate, in writing. Such appeal shall be
considered within three working days of the notification of appeal
and decided within two working days thereafter. The decision shall
be conclusive and not appealable.
(Prior code § 4-1.34(1))
No solicitation or vending shall be permitted on the public right-of-way along any parade route during any parade subject to city parade ordinance unless a special vending permit has been issued by the chief of police or by the parade sponsor with the approval of the chief of police. This special permit shall be consistent with Section 11.64.100 of this code.
(Prior code § 4-1.36)
