Applicants for licenses to commence, manage, engage in, maintain conduct or carry on the business described in Section
5.04.010 subsections I and M as peddling or soliciting must furnish to the director of finance the following additional information:
A. Name
and description of applicant;
B. Permanent
home address and full local address of applicant;
C. A brief
description of the nature of the business and the goods to be sold;
D. If employed,
the name and address of the employer, together with credentials establishing
the exact relationship;
E. The
length of time for which the right to do business is desired;
F. The
place where the goods or property proposed to be sold, or orders taken
for the sale thereof, are manufactured or produced; where such goods
or products are located at the time the application is filed; and
the proposed method of delivery;
G. Photograph
of applicant and photograph of any vehicle used in such peddling or
solicitation taken within sixty days immediately prior to the date
of filing application; the picture of the applicant shall be two inches
by two inches showing the head and shoulders of applicant in a clear
and distinguishing manner;
H. The
names of at least two reliable property owners of the county of Riverside,
state of California, who will certify as to the applicant's good character
and business respectability, or, in lieu of the names of references,
such other available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility;
I. A statement
as to whether or not applicant has been convicted of any crime, misdemeanor
or violation of any municipal ordinance, the nature of the offense
and the punishment or penalty assessed therefor; and
J. A statement
by a reputable physician of the city dated not more than ten days
prior to submission of application, certifying the applicant to be
free of contagious, infectious or communicable diseases.
(Ord. 30 § 18, 1973; Amended during 12/86 supplement)
At the time of filing an application for a peddler's or solicitor's
license, a fee of five dollars shall be paid to the director of finance
to cover cost of investigation of the facts stated therein.
(Ord. 30 § 19, 1973; Amended during 12/86 supplement)
Upon receipt of an application for a peddler's or solicitor's
license, the original application shall be referred to the chief of
police, who shall cause such investigation of applicant's business
and moral character to be made as he deems necessary for the protection
of the public good. If, as a result of such investigation, applicant's
character or business responsibility is found to be unsatisfactory,
the chief of police shall endorse on such application his disapproval
and his reasons for the same and return the application to the director
of finance, who shall notify applicant that his application is disapproved
and that no permit or license will be issued.
(Ord. 30 § 20, 1973; Amended during 12/86 supplement)
Any person aggrieved by the action of the chief of police or
the director of finance in the denial of a peddler's or solicitor's
license shall have the right to appeal to the city council. Such appeal
shall be taken by filing with the council, within fourteen days after
notice of the action complained of has been mailed to such person's
last address, a written statement setting forth fully the grounds
for appeal. The council shall set a time and place for a hearing on
such appeal and notice of hearing shall be given the applicant by
mailing such notice, postage prepaid, to his last known address at
least five days prior to the date set for hearing. The decision and
order of the council on such appeal shall be final and conclusive.
(Ord. 30 § 21, 1973; Amended during 12/86 supplement)
If, as a result of investigation, the character and business
responsibility of an applicant for a peddler's or solicitor's license
are found to be satisfactory, the chief of police shall endorse on
the application his approval, execute a permit addressed to applicant
for carrying on the business applied for, and return such permit,
together with the application to the director of finance, who shall,
upon payment of the prescribed fee, deliver to the applicant his permit
and issue a license.
(Ord. 30 § 21, 1973; Amended during 12/86 supplement)
Each peddler's or solicitor's license so issued shall state
upon the face thereof the following, in addition to any other pertinent
information:
B. Kind
of business licensed thereby;
D. Location
of such business;
E. Date
of expiration of license;
F. To each
such license there shall be attached photographs of the licensee and
of any vehicle used in the business, such photographs to be identical
with those filed by licensee with his application.
(Ord. 30 § 23, 1973; Amended during 12/86 supplement)
A. Noncommercial
purpose means the purpose of any nonprofit organization which has
obtained recognized state or federal tax exempt status.
B. License
collector means the person exercising that function or any city employee
designated by the license collector to perform such functions under
this chapter.
C. Contribution
means the giving of anything of value, including money, property or
any other type of financial assistance, or the pledging of anything
of value, including money, property or any other type of financial
assistance, or the purchasing or offering to purchase anything of
value or not, including, but not limited to goods, services, books,
pamphlets, tickets, subscriptions to publications, upon the implied
or express representation that the proceeds, or a portion thereof,
of the gift, pledge or purchase will be used for a noncommercial purpose.
D. Permit
holder means the person on whose behalf of the solicitation will be
conducted.
E. Applicant
means the person applying to the license collector for a solicitation
permit on behalf of the permit holder.
F. Person
means any individual, partnership, corporation or association, including
any firm, company, society, organization, church, congregation, assembly
or league, and shall include any director, officer, trustee, receiver,
assignee, agent or other similar representative thereof.
G. Organization
means any partnership, corporation or association, including any firm,
company, society, church, congregation, assembly or league, and shall
include any director, officer, trustee, receiver, assignee, agent
or other similar representative thereof.
H. Solicit
and solicitation means the request, directly or indirectly, for the
contribution. A solicitation shall be complete when the request is
made, whether or not the person making the request receives any contribution.
Solicitation includes solicitation of donations in person or by telephonic
communication either in return for a book, pamphlet or other item
or soliciting any donations or money, property or any other thing
of value without any item exchanged therefor.
I. Solicitor
means an individual who solicits or who engages in a solicitation
as defined in this section.
(Ord. 358 § 1, 1986)
The following are exempted from the operation of this chapter.
A. Solicitation
by any organization from its members;
B. Solicitation
by a person when such solicitation occurs on premises owned or controlled
by the solicitor or with the permission of the person who owns or
controls the premises;
C. Solicitation
which is subject to disclosure under state or federal political disclosure
laws;
D. The issuance of any announcement or advertisement that such solicitation as described in subsections
A,
B or
C of this section will occur or which announces or advertises an event at which unannounced solicitation as described in subsections
A,
B or
C of this section occurs;
E. Solicitation
conducted solely by means of radio or television broadcasts or solely
by means of newspapers or magazines or solely by direct solicitations
by United States mail;
F. Solicitations
by any public agency as defined as within
Government Code Section
811.2, the Girl Scouts of America, the Boy Scouts of America or other
similar nationally organized and established youth organizations.
(Ord. 358 § 1, 1986)
No permit issued under this chapter shall be transferred or
assigned, and any attempt at assignment or transfer shall be void.
(Ord. 358 § 1, 1986)
Any person in violation of or failing to comply with any of
the provisions of this chapter is guilty of a misdemeanor and shall
be punished by a fine of not to exceed five hundred dollars, and/or
by imprisonment not to exceed six months. Each such person is guilty
of a separate offense for each and every day during any portion of
which any violation of the provisions of this chapter is committed.
(Ord. 358 § 1, 1986)