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:
A. 
Name of licensee;
B. 
Kind of business licensed thereby;
C. 
Amount paid therefor;
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)
For the purposes of Sections 5.08.080 through 5.08.160 of this chapter:
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)
A. 
No person shall, within the city, conduct or knowingly allow to be conducted on such person's behalf the solicitation of contributions for any noncommercial purpose, unless the person holds a valid permit issued pursuant to the provisions of this chapter and the solicitation is conducted in accordance with all the provisions of this chapter.
B. 
No individual shall, within the city, solicit or engage in the solicitation of, contributions for any noncommercial purpose, unless the person on whose behalf the solicitation is being made holds a valid permit issued pursuant to the provisions of this chapter and the solicitation is made in accordance with all the provisions of this chapter.
C. 
Nothing set forth in this chapter shall be construed as granted to the license collector of the city council any discretion to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the permit holder.
(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)
A. 
Applications for noncommercial solicitation permits shall be made to the license collector upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the license collector. The application shall be accompanied by an application fee, in an amount to be set by resolution of the city council. The application fee will not be refunded if a permit is not issued.
B. 
Such application shall contain the following information and documentation:
1. 
The full name, mailing address, principal business, residential address, telephone number and date of birth of the applicant and the nature of the relationship between the applicant and the permit holder, including whether the applicant is a volunteer, a paid officer or employee, an independent contributor, or an agent of the permit holder;
2. 
Documentation from the United States Internal Revenue Service or from the California Franchise Tax Board that the permit holder is tax exempt under federal or state income tax laws;
3. 
If the permit holder is:
a. 
An individual, the full name, mailing address and principal business or residential address and telephone number,
b. 
A partnership, the full name, mailing address and principal business or residential address and telephone number of each partner. However, if there are more than ten partners, only the ten principal partners need be listed,
c. 
A corporation, whether it is organized under the laws of the state or is a foreign corporation, and if a foreign corporation, the place of incorporation, the full name, mailing address, and principal business address and telephone number of the individual in charge of the local office of the corporation and of all officers, directors and trustees of the corporation. However, it there are more than ten officers, directors and trustees, only the ten principals among the officers, directors and trustees of the corporation need be listed,
d. 
An association, the mailing address and principal business address and telephone number of the association and the full name, mailing address, and principal business or residential address and telephone number of each member of the association. However, if there are more than ten members of the association, only the ten principal members of the association need be listed. If the association is part of a multistate association, the mailing address and business address and telephone number of its central officer shall also be given;
4. 
If the permit holder intends to use a paid solicitor to solicit contributions on behalf of the permit holder, the information required by subsection (B)(3) of this section shall also be applicable to the paid solicitor;
5. 
The full name, mailing address and principal business or residential address and telephone number, of each individual who will be in charge of supervising the solicitation;
6. 
The full name, mailing address and principal business or residential address and telephone number, of each individual who will be in direct charge or control of the contribution solicited and of their disbursement;
7. 
The exact purpose of the solicitation and the exact geographic area in which the solicitation will be conducted;
8. 
The time during the day when the solicitation will be made, and the dates for the commencement and termination of the solicitation;
9. 
A short outline of the method or methods to be used in conducting the solicitation, including the number of solicitors;
10. 
A statement that none of the solicitors have been convicted of any of the crimes specified in Section 5.08.130D of this chapter;
11. 
A statement that the permit holder assumes responsibility that all solicitors comply with all the requirements of Section 5.08.130 of this chapter;
12. 
A statement that if a permit is granted it will not be used or represented in any way as an endorsement by the city or any department, officer or employer thereof;
13. 
The address of the applicant and of the permit holder where the license collector can send notices required by this chapter.
C. 
The license collector shall forward a copy of the application to the police department. The chief of police shall promptly cause each applicant to be fingerprinted and photographed, a copy of which shall be kept in the office of the chief of police. The chief of police shall cause an investigation of each applicant duly made in accordance with Sections 5.08.080—5.08.160 of this chapter, to determine if such applicant has committed any acts that, if done by a permittee, would be grounds for revocation or suspension of a permit under Section 5.08.150.
D. 
If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the license collector in writing thereof within twenty-four hours after such change.
(Ord. 358 § 1, 1986)
A. 
The license collector shall issue a permit to the applicants within thirty days after the date the application is filed, unless the license collector finds that:
1. 
The applicant has not provided the information required by Section 5.08,100 and has failed to provide an amended application with the missing information after being requested to do so; and
2. 
The applicant indicates on the application that the proposed solicitation will violate any provision of Section 5.08.130 and has failed to amend the application to indicate compliance with said sections after being requested to do so;
3. 
The applicant has knowingly and wilfully submitted false information on the application.
B. 
The license collector shall have the duty to make the requests specified in subsection A of this section and shall do so by serving written notice upon the applicant within the time period of issuance of the permit. Every such request shall state the time period within which the application may be amended, and shall be served by personal service or by deposit in the United States Postal Service, certified mail, return receipt requested.
C. 
If the license collector requests an amended application pursuant to this section, he/she shall not act on the permit application for thirty days after the date the request is personally served or deposited in the United States mail. If the applicant fully complies with the request on or before the thirtieth day, the license collector shall issue the permit within thirty days after the amended application is filed.
D. 
If the permit is denied, the license collector shall have the duty to so notify the applicant and shall serve the notice within the time period specified in subsection C of this section for issuance of the permit. Every such notice of denial shall be in writing, shall state the grounds therefor, and shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested.
E. 
Any permit holder aggrieved by any action of the license collector to request an amended application or to deny a permit may appeal to the city council by filing a written notice of appeal with the city clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten days after the date the notice of denial is personally served or deposited in the United States mail. The council shall hear the appeal in accordance with the provisions of Section 5.08.150.
F. 
The filing of an appeal with the city council shall not stay the action of the license collector. If the applicant does not file a timely notice of appeal, as required by subsection E of this section, the permit holder shall have waived all rights to administrative remedy.
(Ord. 358 § 1, 1986)
A. 
The permit, if issued, shall include the following information:
1. 
The name of the permit holder;
2. 
The dates the permit begins and expires;
3. 
The noncommercial purpose of the solicitation, as stated on the application;
4. 
A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the solicitation;
5. 
A permit number; and
6. 
A space for the individual solicitor to type or print his or her name on a certified copy of the permit.
B. 
The permit shall be valid for the time stated in the permit application, but in no case shall the time exceed a period of six months.
C. 
Certified copies of the permit shall be issued to the applicant in a number equal to the number of solicitors that are listed on the application.
(Ord. 358 § 1, 1986)
A. 
Solicitations pursuant to permits under this chapter shall:
1. 
Not be made by any person under the age of sixteen years, unless accompanied by an adult; and
2. 
Not be made at any house, apartment or other dwelling nor at any business to which is affixed a sign indicating No Solicitors or similar indication that no solicitation contact is desired by the occupant.
B. 
The solicitor shall:
1. 
Show a certified copy of the permit, bearing the name of that individual, to the person from whom a contribution is sought prior to the time of the solicitation. Before beginning to solicit contributions, the solicitor shall print or type his or her name in the blank provided for it;
2. 
Upon receipt of a contribution valued in excess of five dollars, give the contributor a written receipt signed by the solicitor showing plainly the name of the permit holder and the solicitor, the permit number, the date, the amount received, and the amount of the contribution which is tax-deductible. This subsection shall not apply to any contribution collected by means of a closed box or receptacle where it is impractical to determine the amount of such contribution;
3. 
Not affix any object to the person or property of any contributor or member of the public without first receiving express permission therefor;
4. 
Not persistently or importunately request any contribution from any person after such person expresses his or her desire not to make a contribution; or
5. 
Not intentionally or deliberately obstruct the free movement of any person.
C. 
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 or is a registered sex offender.
(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)
A. 
Whenever it shall be shown that any permit holder has violated any of the provisions of this chapter, the license collector may suspend the permit by serving written notice on the permit holder no less than two business days prior to the suspension. The notice shall be served by personal service or by deposit in United States Postal Service, certified mail, return receipt requested, at the address specified in the permit application or any amendment thereto. The notice shall state with specificity the reasons for the suspension and how it can be removed, that the permit will be revoked unless, within ten days after the notice is served, the suspension is either removed or appealed to the city council, and the method of appeal.
B. 
If the violation concerns the manner of solicitation as set forth in Section 5.08.130, the license collector shall lift the suspension and proposed revocation if the permit holder discharges the offending solicitors. If the violation involves the disclosure of information as set forth in Section 5.08.100, the license collector shall lift the suspension and proposed revocation if the permit holder amends the application.
C. 
Any permit holder aggrieved by any action of the license collector to suspend or revoke a permit may appeal to the city council by filing a written notice of appeal to city clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten days after the notice of suspension and proposed revocation is personally served or deposited in the United States mail.
D. 
The appeal shall be heard at the next regularly scheduled council meeting held at least ten days after the appeal is filed. At the time of the hearing, the council shall hear all relevant evidence and shall determine the merits of the appeal and it shall render a decision thereon within three business days after the hearing. Such decision shall be in writing, shall state with specificity the reasons therefor, and shall be served upon the applicant within two days thereafter by personal service or by deposit in the United States Postal Service, certified mail, return receipt requested.
E. 
The filing of an appeal with the council shall not stay the action of the license collector. If the permit holder does not file a timely appeal, as required by subsection C of this section, the permit holder shall have waived all rights to administrative remedy.
(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)