This chapter is based on the following findings:
A.
Persons
and organizations have been visiting and continue to visit private
residential properties, as well as privately-owned businesses, for
the purpose of soliciting goods, wares, merchandise or services, and
that some residents and business owners find these activities to be
intrusive upon their privacy.
B.
A variety
of misrepresentations and other frauds are at times employed in solicitation
activities, which if left unregulated constitute a public safety,
health and welfare concern for the city.
C.
The
goal of protecting residents from misrepresentations, fraud, and crime
and thereby promoting the safety and privacy of residences within
the city is a legitimate and substantial governmental interest and
the city has a substantial interest in preventing such misrepresentations,
fraudulent activities, or criminal activities which may result from
unregulated solicitation.
D.
The
city has a substantial interest in protecting individuals’ safety
and privacy by reasonably limiting the hours of solicitation and requiring
licenses for commercial solicitation in a content neutral manner.
E.
The
city has a substantial interest in allowing individuals to determine
their level of comfort with privacy and whether or not they want to
receive solicitation.
F.
The
provisions of this chapter constitute reasonable and content neutral
time, place, and manner restrictions and limitations which allow persons
and organizations ample opportunity to solicit while protecting and
promoting the public peace, health, safety, and welfare.
G.
The
city has drafted regulations that are narrowly tailored to fulfill
the purposes set forth herein without violating or offending free
speech rights under the United States and California Constitutions,
while establishing reasonable regulations to require commercial solicitors
to obtain a license prior to soliciting within the city, reasonably
limiting solicitors’ hours of activities, and prohibiting solicitation
on properties where a sign exists prohibiting such activities.
(Ord. 5856 § 1, 2015)
The words and terms used in this chapter shall be defined as
follows:
means solicitation related primarily to an economic transaction,
such as the exchange of goods or services for a financial fee or cost.
This definition incorporates court rulings defining the terms “commercial
speech” and “commercial solicitation.” This definition
shall also include solicitation by for profit entities that solicit
funds on behalf of nonprofit entities when such for profit entities
are paid for solicitation on the nonprofit entity’s behalf,
or retain any portion of funds raised on a nonprofit’s behalf.
means any printed matter or document such as a circular,
leaflet or pamphlet, paper, booklet, or any other printed or otherwise
reproduced original or copies of any matter or literature regardless
of content or subject matter.
means the act of any person who travels by foot, vehicle
or by any other type of conveyance from door to door, house to house,
or street to street, carrying, conveying or transporting food, goods,
wares, merchandise or other personal property of any nature whatsoever,
offering or exposing the same for sale, or making sales and delivering
articles to purchasers, or who without traveling from place to place
sells or offers the same for sale from any vehicle, conveyance, structure
or from any other place other than a permanent store building.
means a person who engages in the act of peddling and includes
the words “cart vendor,” “hawker,” “huckster”
or “itinerant vendor.”
means any individual, partnership, corporation or association,
firm, company, society, organization, church, congregation, assembly,
or league, and shall include any director, officer, trustee, receiver,
assignee, agent, solicitor, or other similar representative thereof.
means a request made either directly or indirectly, orally
or in writing, for money, credit, property, financial assistance,
or other thing of any kind or value, whether or not the person making
the same actually receives any such thing of any kind or value. These
words include the sale of, offer or attempt to sell, any advertisement,
advertising space, book, card, tag, coupon, device, magazine, membership,
merchandise, subscription, flower, ticket, candy, cookies or other
tangible item in connection with which any appeal is made for any
charitable purpose, or where the name of any charitable organization
is used or referred to in any such appeal as an inducement or reason
for making any such sale, or when or where in connection with any
such sale, any statement is made that the whole or any part of the
proceeds from any such sale will be used for any charitable purpose
or benefit any charitable organization.
means any person engaged in solicitation.
(Ord. 5856 § 1, 2015)
A.
A commercial
solicitor must have a valid commercial solicitation license as set
forth in this chapter.
B.
All
commercial solicitors shall:
1.
Carry
a photo identification and a copy of a valid license issued pursuant
to this section, and if acting on behalf of another, including acting
on behalf of another person, the commercial solicitor shall carry
written authorization to act on behalf of such person and a copy of
the license issued to such person; and
2.
Immediately
present a commercial solicitation license, identification and authorization
to act on behalf of another person, if applicable, to any individual
approached for said commercial solicitation and to any law enforcement
official, upon request.
C.
The
license shall contain the name, permanent residence address of the
commercial solicitor, a brief description of the commercial solicitor
and the photograph of such commercial solicitor.
D.
Licenses
are not assignable.
E.
Licenses
and authorizations to act on behalf of other persons are not transferable.
(Ord. 5856 § 1, 2015)
A.
The application for a commercial solicitation license required by Section 9.14.030 shall be made upon a form prescribed by the city manager, or designee, available at the community development department and shall include, but not be limited to, the following:
1.
Applicant’s
name, birth date, physical description and recent photograph;
2.
The
names and addresses of all affiliated persons who will be working
on behalf of or with the applicant;
3.
Applicant’s
permanent home address and local address;
4.
The
name and address of the person by whom the applicant is employed,
if applicable;
5.
A
brief description of the nature of the applicant’s business
and goods to be sold;
6.
The
length of time applicant has engaged in such business and the dates
and places he/she has been engaged therein during the preceding five
years;
7.
A
statement as to whether the applicant holds a state license for such
sales, and if so, the applicant shall provide a copy of sales tax
certificate issued by state and sales tax number;
8.
A
statement setting forth the dates of licenses granted to the applicant
by the city for the preceding five years;
9.
The
disclosure of any and all criminal convictions (including felonies,
misdemeanors, infractions, and municipal code violations) and dates
thereof, the sentence(s) imposed, and the court in which each conviction
and sentence was entered;
10.
A statement whether the business on whose behalf applicant will be
peddling or soliciting has ever been found to have engaged in fraudulent
business practices;
11.
A statement that the applicant is not currently under investigation
for any crimes related to solicitation or other criminal offense including,
but not limited to, violent crimes, sexual assault, possession of
controlled substances, theft, fraud or burglary;
12.
The dates, times, and places the applicant requests to solicit within
the city.
B.
The
application shall be submitted under penalty of perjury and be submitted
to the community development department at least 10 calendar days
prior to the time the solicitor requests to engage in solicitation.
C.
The
application shall be submitted with the applicable fee or renewal
fee. The license application fee and renewal fee shall be established
by resolution of the city council and may be amended from time to
time.
D.
The
director of community development or designee shall issue the commercial
solicitation license if the following requirements have been met.
1.
The
applicant has properly completed and filed his or her application
together with any applicable fee established by resolution of the
city council.
2.
The
applicant has obtained any other license that may be required under
this code.
3.
The
applicant has provided all the information required on the application.
4.
The
applicant has not made any misrepresentation of any fact in the application.
5.
The
applicant has not been convicted of a felony in this state or any
other state within the seven years preceding the date of application.
6.
The
applicant has not been convicted of a misdemeanor or ordinance violation
in this state or any other state involving a sex offense or any violent
acts against persons or property, within the seven years preceding
the date of application.
7.
The
applicant is not required to register as a serious or high risk sex
offender pursuant to California Penal Code Section 290.
8.
The
applicant is not a person against whom a judgment based upon, or conviction
for, fraud, deceit or misrepresentation has been entered within the
seven years immediately preceding the date of application.
E.
The
license may be issued subject to conditions as may be necessary for
the public health, safety, peace and welfare.
F.
Applicants
shall at all times maintain accurate application information with
the city. If there is any change or modification in the information
provided in the initial application, the applicant shall give written
notification of such change to the community development department
within 10 calendar days of the change.
G.
The
director of community development shall promptly notify any applicant
whose application is denied.
(Ord. 5856 § 1, 2015)
A.
All
commercial solicitation licenses granted shall be valid for up to
90 days and may be renewed thereafter, unless sooner revoked.
B.
Prior
to the expiration of a license, and upon application for renewal of
the license, the director of community development or designee shall
determine if the applicant or solicitor has acted in compliance with
the provisions of this chapter and conditions of the license.
1.
If
an applicant is determined to have been in substantial compliance,
then the license shall be renewed upon payment of the renewal fee.
2.
If
the applicant or solicitor is found not to be in substantial compliance,
the license shall not be renewed, and no other license shall be issued
under the provisions of this chapter to the same applicant within
one year of the date of cancellation or expiration of the license.
3.
An
applicant is not in substantial compliance if he or she violates one
or more material terms of the license or any provision of this chapter.
C.
The
director of community development may revoke any license granted under
the provisions of this section for any of the following reasons:
1.
The
applicant provided false, misleading or misrepresented information
in procuring said license;
2.
The applicant or any person (as defined in Section 9.14.020) who worked on behalf of or with the applicant failed to comply with the requirements, regulations, laws and conditions of approval applicable to the license;
3.
The applicant or any person (as defined in Section 9.14.020) who worked on behalf of or with the applicant is convicted of violating any federal, state or local law while in the course of operating under the license.
4.
When
a license has been revoked, no other license shall be issued under
the provisions of this chapter to the same applicant within one year
of the date of revocation.
(Ord. 5856 § 1, 2015)
A.
Any
applicant aggrieved by any decision by the director of community development
on an application for, or a renewal or revocation of, a license issued
under this chapter, may appeal such decision within 10 business days
after the notice is given of the decision. The timely filing of an
appeal shall stay a revocation.
B.
All
appeals shall be made in writing, shall state the grounds for such
appeal, shall specify the factual basis for the appeal, and shall
contain a signature verifying the truth of all matters asserted.
C.
All
appeals shall be conducted within a reasonable time, but not less
than 30 calendar days, at a de novo hearing before a neutral hearing
officer designated by the city manager. The hearing officer shall
demonstrate those qualifications, training, and objectivity prescribed
by the city manager as are necessary and which are consistent with
the duties and responsibilities of such hearing officer. Not less
than five calendar days prior to the hearing, the city clerk shall
give notice of the time and place of the hearing. The hearing officer
may affirm, modify or reverse the decision of the director of community
development and shall state the reasons therefor.
D.
The
decision of the hearing officer shall be final when rendered. Within
30 calendar days of the hearing, the hearing officer shall notify
the appellant of the decision.
(Ord. 5856 § 1, 2015)
A.
It is
unlawful for any person to engage in commercial solicitation within
the city without a valid commercial solicitation license issued by
the director of community development.
B.
It is
unlawful for any person to go upon, ring the bell, knock on the door
of or attempt to gain admission to the premises of any residence,
dwelling or apartment in the city where the owner, adult occupant
or other person in control thereof has expressed his or her objection
to such activity either by explicit instructions, oral or written,
or by posting sign bearing the words “No Solicitation”
or words of similar import in a place providing reasonable notice,
unless prior to such entry, bell ringing or knocking, such person
has been requested or invited by the owner or adult occupant or other
person in control of the premises to be thereupon for such purpose.
C.
It is
unlawful for any person, while soliciting, to go upon, ring the bell,
knock on the door of or attempt to gain admission to the premises
of any residence, dwelling or apartment in the city after 9:00 p.m.
or earlier than 8:00 a.m., unless such person has been requested or
invited by the owner or adult occupant of the premises to be thereupon
for such purposes.
D.
It is unlawful for any person to engage in aggressive solicitation as set forth in Chapter 9.18 of this code.
E.
Children
under the age of 12 shall be accompanied by an adult.
F.
Activities
related to a service requested by the owner or occupant of the property
and undertaken in the ordinary course of business, including, but
not limited to, deliveries of utility notices, telephone directory
deliveries, regular newspaper deliveries, work order notices and service
inquiries, are presumed to be requested or invited for the purpose
of this section.
G.
A license
granted under this chapter is not an endorsement by the city of the
solicitor or of any goods, wares, merchandise, services or information
that may be sold or distributed by the solicitor, and it is unlawful
for any person to represent that such an endorsement has been made.
(Ord. 5856 § 1, 2015)
The following are exempt from the provisions of this chapter:
A.
Any
organization’s solicitation of its members;
B.
Solicitation
on premises owned or controlled by the solicitor;
C.
Any
solicitation for the relief of any natural person specified by name
at the time of the solicitation where the person making the solicitation
represents that the entire amount collected, without any reduction,
shall be turned over to the named beneficiary, and the entire amount
collected is in fact turned over to the named beneficiary.
(Ord. 5856 § 1, 2015)
A.
It is
unlawful for any person to distribute, deposit, throw, place, scatter
or cast any handbill in or upon any premises which are inhabited without
first ensuring that each handbill is so placed or deposited as to
be secure or prevented from being blown or drifting thus becoming
litter.
B.
It is
unlawful for any person to distribute, deposit, place, throw, scatter,
or cast any handbill in or upon any premises which has posted a sign
in a place providing reasonable notice by bearing the words “No
Handbills” or words of similar import.
C.
It is
unlawful for any person to distribute, deposit, place, throw, scatter
or cast any handbill in or upon any premises which are temporarily
or continuously uninhabited or vacant including but not limited to
fences, lights and light posts, and utility structures.
D.
It is
unlawful for any individual, person, partnership, corporation or other
business to cause or to allow any handbill to be distributed in violation
of this section.
(Ord. 5856 § 1, 2015)
Whenever the holder of any license provided for by, or issued
under, this code uses any wagon, cart, tray, basket or other vehicle
or receptacle in vending any such goods, wares or merchandise, such
license shall be inserted, held and carried in a manner such that
it is at all times in plain view in such vehicle or receptacle.
(Ord. 5856 § 1, 2015; Ord. 5936 § 3, 2019)
A.
The applicant or solicitor shall be responsible for the conduct of all persons (as defined in Section 9.14.020) acting with or on the behalf of the applicant or solicitor while in the course of soliciting under the license. All persons found working, helping, volunteering or in any way assisting in the activities for which the license was granted shall be considered employees of the applicant or solicitor. Any act or omission of any person acting with or on the behalf of the applicant or solicitor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the applicant or solicitor for purposes of determining whether the applicant’s or solicitor’s license shall be granted, denied, renewed or revoked.
(Ord. 5856 § 1, 2015)
