Note: Prior ordinance history: Ords. 1514, 1578.
(a)
"Charitable"
"Contributions"
"Department"
"Hearing officer"
"Noncommercial purposes"
"Peddler"
"Peddling"
"Permit holder"
"Permitting authority"
"Person"
"Police chief"
"Principal"
"Purchase"
"Solicitation"
"Solicitor"
"Sponsor"
The
following words, terms, and phrases, and their derivations, when used
in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
means and includes the words patriotic, philanthropic, social
service, health, welfare, benevolent, educational, civic, cultural
or fraternal, either actual or purported.
means and includes the words alms, money, subscription, property
or any donations under the guise of a loan or money or property.
means the police department.
means the city manager or the designee thereof, provided
that the designee shall not be the permit authority or the police
chief.
means the purpose of any nonprofit organization which has
obtained recognized state or federal tax exempt status.
means any person who goes upon the premises of any private
property in the city, not having been invited by the occupant thereof,
carrying or transporting goods, wares, merchandise or personal property
of any nature and offering the same for sale. This definition also
includes any person who solicits orders and as a separate transaction
makes deliveries to purchasers as part of the scheme to evade the
provisions of this chapter.
means and includes all activities ordinarily performed by
a peddler as indicated under "peddler" as defined in this section.
means the person on whose behalf the solicitation will be
conducted.
means the city finance department.
means a natural person or any firm, corporation, association,
club, society or other organization.
means the chief of police of the city, or his or her authorized
representative.
means the sponsoring company, organization or other entity
which employs, authorizes or sponsors the solicitor(s) or peddler(s),
whether as employees, agents or independent contractors.
means the buying of, offering to buy or the giving of an
order for anything of value, including, but not limited to, goods,
wares, merchandise, services, tickets, publications and subscriptions
to publications.
includes all activities ordinarily performed by a solicitor
as indicated under "solicitor" as defined in this Section.
means any person who goes upon any private property in the
city, not having been invited by the occupant thereof, for the purpose
of taking or attempting to take orders for the sale of goods, merchandise,
wares, or other personal property of any nature for future delivery,
or for services to be performed in the future. This definition also
includes any person who, without invitation, goes upon private property,
to request contribution of funds or anything of value, or sell goods
or services for political, charitable, religious, or other noncommercial
purposes.
has the same meaning as the definition of principal.
(Ord. 1711§ 2, 2000)
(a)
It
is unlawful for any individual, within the city, to solicit or engage
in any solicitation, unless the person on whose behalf the solicitation
is being made holds a valid city business license issued by the permitting
authority.
(b)
It
is unlawful for any person eighteen years of age or older to engage
in peddling or solicitation activities within the city without first
obtaining a solicitor's permit issued by the police chief; provided,
however, that the following are exempted from the provisions of this
section:
(1)
Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made;
(2)
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation;
(3)
Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable person; or
(4)
Any solicitation for the relief of any individual specified by name
at the time of the solicitation where the solicitor represents in
each case that the entire amount collected shall be turned over to
the named beneficiary.
(Ord. 1711 § 2, 2000)
(a)
No
person under the age of eighteen shall be permitted to engage in peddling
except as follows:
(1)
A city business license shall be obtained by a sponsoring person,
company or organization for the conduct of any peddling or solicitation
activities involving, in whole or in part, a sales force of one or
more persons under eighteen years of age.
(2)
The sponsor shall be responsible for supervising and controlling
the conduct of all persons, including juveniles, peddling under the
sponsor's solicitor's business license.
(3)
Each person under the age of eighteen shall first obtain a permit
issued by the police chief.
(4)
The sponsor shall be responsible for ensuring that each individual
in its sales force has obtained a permit which identifies the name
of the sponsor and the name of the individual. The sponsor shall require
all individuals in its sales force to carry such permit at all times
when the individuals are peddling or soliciting.
(5)
The sponsor shall comply with all laws of this state.
(Ord. 1711§ 2, 2000)
(a)
Every
person subject to the provisions of this chapter shall file with the
permitting authority an application in writing on a form to be furnished
by the permitting authority, which shall provide the following information:
(1)
Proof of age, address and identification of the applicant, to be
provided through the applicant's driver's license, articles of incorporation
(for sponsors), or other legally recognized form of identification;
(2)
A brief description of the business or activity to be conducted;
(3)
The hours and location for which the right to peddle or solicit is
desired;
(4)
If employed, the name, address, telephone number and city business
license number of the employer; or if acting as an agent, the name,
address, telephone number and city business license number of the
principal who is being represented, with credentials in written form
establishing the relationship and the authority of the employee or
agent to act for the employer or principal, as the case may be;
(5)
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or ordinance violation (other than traffic
violations), the nature of the offense or violation, the penalty or
punishment imposed, the date when and place where such offense occurred,
and other pertinent details thereof;
(6)
Proof of possession of any license or permit which, under federal,
state or local laws or regulations, the applicant is required to have
in order to conduct the proposed business, or which, under any such
law or regulation, would exempt the applicant from the licensing requirements
of this chapter; and
(7)
Two photographs of the applicant which shall have been taken within
sixty days immediately prior to the date of filing of the application.
The photographs shall measure two inches by three inches and show
the head and shoulders of the applicant in a clear and distinguishing
manner. One two inch by three inch photo will appear on the permit.
(Ord. 1711 § 2, 2000)
At the time the solicitor's or peddler's application is filed
with the permitting authority, the applicant shall pay a nonrefundable
fee to cover the cost to the city of processing the application and
investigating the facts stated therein. The application fee for each
solicitor or peddler permit shall be adopted and amended from time
to time by resolution of the city council.
(Ord. 1711 § 2, 2000)
(a)
Upon
receipt of an application, the police chief shall review the application
as deemed necessary to ensure the protection of the public health,
safety and general welfare.
(b)
If
the police chief finds the application to be satisfactory, the police
chief shall endorse his or her approval on the application and shall
authorize the issuance of the permit.
(c)
The
permit shall show the name, address and photograph of the permittee,
the kind of goods or services to be sold or delivered, the date of
issuance, and the length of time that the permit shall be in effect.
The permit shall also show the city business license number for which
the permit is issued.
(d)
All
records of issued solicitor's permits shall be maintained by the department
for a period of two years.
(Ord. 1711 § 2, 2000)
(a)
Upon
review of the application, the police chief may refuse to issue a
permit to the applicant under this chapter for any of the following
reasons:
(1)
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitor(s), peddler(s) or their customer(s);
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
The applicant has been convicted of a felony in this state or any
other state within the five years preceding the date of application;
(4)
The applicant has 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 five years preceding
the date of application;
(5)
The applicant is required to register as a serious or high risk sex
offender pursuant to Sections 290 and 290.4 of the California Penal
Code;
(6)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application;
(7)
There is no proof as to the authority of the applicant to serve as
an agent to the principal; or
(8)
The applicant has been denied a permit under this chapter within
the immediate past year, unless the applicant can and does show to
the satisfaction of the police chief that the reasons for such earlier
denial no longer exist.
(b)
If
the permit is disapproved, the reasons therefor shall be noted on
the application, and the applicant and principal shall be notified
that a permit will not be issued. Notice shall be mailed by the permitting
authority to the applicant at the address shown on the application
form, or at the applicant's last known address and to the principal
at the address shown on the principal's business license.
(c)
Nothing
set forth in this chapter shall be construed as granting to the permit
authority, police chief, or city council any discretion to grant,
deny, suspend, or revoke any solicitation permit by reason of approval
or disapproval of the philosophy, opinion, or belief of the applicant
or permit holder.
(d)
Nothing
set forth in this chapter shall be construed to disqualify a principal
from obtaining a city business license solely on the basis of the
denial of a permit to a particular agent, employee, member or applicant.
(Ord. 1711 § 2, 2000)
All permits issued under the provisions of this chapter shall
expire one year from the date of issuance, unless an earlier expiration
date is noted on the permit. However, the term of the sponsor's city
business license shall be controlling as to all agent/employee permits.
(Ord. 1711 § 2, 2000)
Every person required to obtain a permit under the provisions
of this chapter shall exhibit the permit when requested to do so by
any prospective customer or city employee.
(Ord. 1711 § 2, 2000)
(a)
It
is unlawful for any person other than the permittee to use any permit
issued under the provisions of this chapter.
(b)
It
is unlawful for any permittee to transfer or authorize the use of
his or her permit by any other person.
(Ord. 1711 § 2, 2000)
It is unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor, to enter
upon any residential premises in the city where the owner, occupant
or person legally in charge of the premises has posted, at the entry
to the premises, or at the entry to the principal building on the
premises, a sign bearing the words "No Peddlers," "No Solicitors,"
or words of similar import.
(Ord. 1711 § 2, 2000)
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of nine p.m. and nine a.m.
(Ord. 1711 § 2, 2000)
(a)
Any
permit issued under this chapter may be revoked or suspended by the
city, after notice and hearing, for any of the following reasons:
(1)
Fraud, misrepresentation or false statement contained in the application
for a permit;
(2)
Fraud, misrepresentation or false statement made by the permittee
in the course of conducting solicitation or peddling activities;
(3)
Conducting peddling or solicitation activities contrary to the provisions
contained in the permit;
(4)
Any conviction or matter arising under subsections 5.14.070(a)(3)5.14.070(a)(3) through (a)(6) of this chapter subsequent to the issuance of a permit; or
(5)
Conducting peddling or solicitation activities in such a manner as
to create a public nuisance, constitute a breach of the peace or endanger
the health, safety or general welfare of the public.
(Ord. 1711 § 2, 2000)
(a)
Notice
of a hearing for revocation of a permit issued under this chapter
shall be provided in writing and shall set forth specifically the
grounds for the proposed revocation and the time and place of the
hearing, which time shall not be sooner than five business days after
the notice is mailed to the person's address as shown on the permit
application form, or to the last known address.
(b)
At the time of the hearing, the hearing officer shall hear all relevant evidence and, after the close of the hearing, shall render a decision as to whether or not the permit shall be revoked or, alternatively, suspended. Said decision shall be in writing, shall state specific reasons thereof, and that the decision to revoke or suspend shall become effective on the eleventh business day after the decision is mailed to the person's address as shown on the permit application form, or to the last known address, unless appealed. A decision to revoke or suspend a permit shall state that the permit holder has ten business days to appeal by filing a written notice of appeal with the city clerk, pursuant to Section 5.14.150 of this chapter.
(Ord. 1711§ 2, 2000)
(a)
Any
person aggrieved by the action or decision of the police chief to
deny, or of the hearing officer to suspend or revoke, a permit applied
for or held under the provisions of this chapter shall have the right
to appeal such action or decision to the city council.
(b)
An
appeal shall be taken by filing with the city clerk within ten business
days after the notice of the action or decision has been mailed to
the person's address as shown on the permit application form, or to
the last known address, a written statement setting forth the grounds
for the appeal. The filing of a timely appeal shall stay a revocation
or suspension.
(c)
The
appeal shall be heard de novo at the next regularly scheduled city
council meeting held at least five business days after the appeal
is filed. At the time of the hearing, the city council shall hear
all relevant evidence and, after the close of the hearing, shall decide
whether or not to issue the permit or to suspend or revoke the permit.
Said decision shall be in writing, state reasons thereof, and shall
be mailed to the person's address as shown on the permit application
form, or to the last known address.
(d)
The
decision of the city council on the appeal shall be final and binding
on all parties concerned.
(Ord. 1711 § 2, 2000)
Any person claiming to be legally exempt from the regulations
set forth in this chapter, or from the payment of a permit fee, shall
cite to the police chief the statute or other legal authority under
which exemption is claimed and shall present to the police chief proof
of qualification for such exemption.
(Ord. 1711 § 2, 2000)
