Chapter 5.92: PEDDLERS AND COMMERCIAL SOLICITORS

For purposes of this chapter, the following terms shall have the following meanings:

shall mean the portion of any street between two consecutive intersecting streets.

shall mean and include the sale of goods, wares or merchandise for profit, whether or not a profit is made, and not for any charitable purpose.

"Hawking"

shall mean advertising, promoting or soliciting customers for the sale of any goods, wares or merchandise, whether or not a sale takes place.

"Operate"

shall mean to be open for business and ready to serve liquids or edibles to customers, whether or not a sale takes place.

"Peddle" and "peddling"

shall mean: (a) hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, from a motor vehicle or other conveyance that is pushed, pulled, carried, or otherwise transported by a motor vehicle; or (b) hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, from or on a roadway or other part of the public right-of-way designated and used primarily for vehicular travel, or on any private property without the permission of the owner or other person in possession and control of the property; or (c) delivery to peddlers or sidewalk vendors of goods, wares and merchandise, including liquids or edibles for human consumption, knowing they are to be used for the purpose of engaging in the activities described in (a) and (b) above, or for the purpose of engaging in sidewalk vending as defined in Chapter 5.122.

"Selling"

shall mean conveying for consideration any goods, wares or merchandise, where the acts of solicitation, taking an order and delivering merchandise occur as part of the same transaction, whether or not all three elements occur in the exact same place.

"Solicitation"

shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value for the commercial or retail sale of goods, wares or merchandise by taking an order for delivery and promising later delivery of such goods, wares or merchandise. Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under this chapter and for which the employer has a current, valid license shall not be deemed to be engaged in the business of commercial solicitation.

"Special events peddler"

shall mean hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, at city-sponsored or otherwise permitted special events.

"Street"

shall mean and include a street, sidewalk, parkway, median and any other portion of the public right-of-way.

(Prior code § 6361(a); Ord. 90-269 § 1, 1990; Ord. 91-290 §§ 1, 2, 1991; Ord. 07-751 § 1, 2007; Ord. 92-322 § 1, 1992; Ord. 94-395 § 1, 1994; Ord. 98-515U § 1, 1998; Ord. 98-516 § 1, 1998; Ord. 09-804 § 3, 2009; Ord. 14-936 § 2, 2014; Ord. 19-1070U § 2, 2019)

§ 5.92.020 License Fee Waivers.

Veterans, as defined by Sections 16001 and 16001.5 of the California Business and Professions Code, shall not be required to pay a license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages.

(Prior code § 6361(b); Ord. 90-269 § 1, 1990; Ord. 91-290 §§ 1, 2, 1991; Ord. 92-322 § 1, 1992; Ord. 94-395 § 1, 1994; Ord. 98-515U § 1, 1998; Ord. 98-516 § 1, 1998)

§ 5.92.030 Application Contents.

Peddlers. In addition to the information prescribed by the Director, an application for a peddler's license shall include the following information:

(a)

Proof of fingerprinting and photo identification; and

(b)

Approval by the County Health Department for the sale of food or drink, if applicable.

Special Events Peddler. An application for a special events peddler shall include the following:

(a)

The name, address, phone number and social security number of the applicant;

(b)

The business name, address and phone number of the business, if applicable;

(c)

The name, date(s) and time(s) of the city-sponsored special event; and

(d)

Approval by the County Health Department for the sale of food or drink.

Solicitors. In addition to the information prescribed by the Director, an application for a commercial solicitor's license shall include the following information:

(a)

An outline of the method or methods to be used in conducting the solicitation;

(b)

The time when such solicitation will be made, giving the preferred dates and hour of day for the commencement and termination of the solicitation;

(c)

If the applicant intends to engage employees to engage in the activity of commercial solicitation, the names, addresses and phone numbers of each employee, and proof of fingerprinting and photo identification for each employee;

(d)

The names of any other cities in which the applicant has engaged in commercial solicitation within the past two years, but in the event that the applicant has solicited in more than ten other cities, the applicant may list only the ten cities in which the most recent solicitations occurred; and

(e)

Proof of the applicant's fingerprinting and photo identification.

(Prior code § 6361(c); Ord. 90-269 § 1, 1990; Ord. 91-290 §§ 1, 2, 1991; Ord. 92-322 § 1, 1992; Ord. 94-395 § 1, 1994; Ord. 98-515U § 1, 1998; Ord. 98-516 § 1, 1998; Ord. 08-800 § 2, 2008)

§ 5.92.040 Identification Requirements.

Peddlers. All licensed peddlers licensed pursuant to this chapter shall carry an original business license, along with picture identification, at all times when peddling.

Solicitors.

(a)

All licensed commercial solicitors licensed pursuant to this chapter, shall obtain an identification card from the city which shall include the license number, the name and street address of the licensee, a statement describing the licensee's purpose and activity, the signature of the licensee's chief executive officer (if applicable), the name and signature of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized, and a statement printed prominently on the license which shall state: "This identification card is not an endorsement of the solicitation by the City of West Hollywood or any of its officers or employees."

(b)

A copy of the identification card shall be filed with the Director at the time the application for a period is filed and shall be approved by the Director as conforming to the requirements of this chapter before the license is issued.

(c)

All agents and solicitors of the licensed solicitor shall carry an approved identification card with them at all times when soliciting. No person shall solicit for commercial purposes unless he or she exhibits an identification card in a form approved by the Director. Before commencing the solicitation, the solicitor shall read it to the person solicited, or present it to the person solicited, allowing sufficient time for perusal.

(d)

No person shall solicit without a valid license and identification card issued pursuant to this chapter.

(e)

When any solicitation made, pursuant to this chapter, is conducted by printed matter or published article, or over radio, television, telegraph or by any other means of communication known or hereinafter devised, such publication shall contain the data and information required to be set forth in the identification card approved by the Director.

(Prior code § 6361(d); Ord. 90-269 § 1, 1990; Ord. 91-290 §§ 1, 2, 1991; Ord. 92-322 § 1, 1992; Ord. 94-395 § 1, 1994; Ord. 98-515U § 1, 1998; Ord. 98-516 § 1, 1998; Ord. 08-800 § 2, 2008)

§ 5.92.050 Operating Requirements.

Generally.

(a)

No person shall peddle or solicit for commercial purposes in any area of the city which is zoned for residential use under this code, from 8:00 p.m. until 9:00 a.m. of the following day.

(b)

No person shall peddle or solicit for commercial purposes at any dwelling, including, but not limited to, a house, apartment, or condominium where there is a sign indicating "No Solicitations," Do Not Disturb," or otherwise indicating that the occupants do not wish to be solicited or in any other way have their privacy disturbed.

(c)

No peddler or commercial solicitor shall touch, come into physical contact with, or affix any object to another person or any member of the public, without first receiving express permission therefor from such member of the public.

(d)

No peddler or commercial solicitor shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited.

(e)

No peddler or commercial solicitor shall intentionally and deliberately obstruct the free movement of any member of the public on any street, sidewalk or other place or in any place open to the public generally.

(f)

No peddler or commercial solicitor shall solicit from a captive audience. "Captive audience" shall be defined as purposefully stationary persons, such as persons in line or seated in public areas.

(g)

No peddler or commercial solicitor shall threaten any injury or damage to any member of the public who declines to be solicited.

(h)

No peddler or commercial solicitor shall accept food stamps in return for goods, wares or merchandise.

(i)

No peddler or commercial solicitor shall use any vehicle horn for the purpose of advertising.

(j)

No person shall solicit, peddle, conduct or consummate the sale of any living animal or animals, and no person shall convey as part of any commercial transaction any living animal or animals, on any city street, sidewalk, right-of-way or other public property.

Liquids and Edibles.

(a)

Short-Term Operation on Public Streets. Peddlers that operate any lunch, meal or eating, food or produce sale or catering cart, wagon, trailer or truck on a public street or highway that remain in the same location on a short-term basis shall:

(i)

Comply with the following:

Not park in any parking space for any longer than allowed by the parking restrictions on the block;

Not operate on the same block for longer than sixty minutes. The sixty-minute time period is cumulative for all time that the peddler is operating on the same block, and does not start over by moving the vehicle to another parking space on the same block or closing the sales window between sales. The sixty minute limit does not include set-up or clean-up time provided that the peddler is not open for business and not ready to serve customers during set-up or clean-up; and

Upon cessation of operations, not within a period of four hours again operate within the limits of such block. The four-hour period commences at the time the peddler ceases operating.

(ii)

Not operate within one block of any public or private school grounds on days that school is open between the hours of 8:00 a.m. and 5:00 p.m.;

(iii)

Not operate within one block of any city park at which a city-sponsored special event is taking place without having obtained a special event permit pursuant to Chapter 19.54 of this code;

(iv)

Only operate from a licensed vehicle or licensed trailer on a public street while parked in a legal parking space;

(v)

At all times operate in compliance with the California Vehicle Code, the West Hollywood Traffic Code and with all posted parking, stopping and standing restrictions;

(vi)

Not encroach on to a public sidewalk with any part of a vehicle, wagon, trailer or truck or any other equipment or furniture related to the operation of the business without a minimum eight-foot clearance;

(vii)

Comply with all applicable food labeling requirements established by the State of California and all requirements of the West Hollywood Health Code;

(viii)

Provide garbage receptacles for immediate use by customers; and

(ix)

Pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials dispensed from the vending vehicle and any residue deposited on the street from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a twenty-five foot radius of the location where mobile food vending is occurring.

(b)

Long-Term Operation on Public Streets. Peddlers that seek to operate any lunch, meal or eating, food or produce sale or catering cart, wagon, trailer or truck that remain in the same location on a public street or highway for longer than sixty minutes shall:

(i)

Obtain an encroachment permit from the city, if available at that location and during the requested hours;

(ii)

Operate exclusively from the location and for the time periods designated in the encroachment permit, approved locations to be established by resolution of the City Council;

(iii)

Comply with West Hollywood Health Code requirements elative to access to bathroom facilities;

(iv)

Comply with all operating conditions imposed in the encroachment permit;

(v)

Comply with all applicable food labeling requirements established by the State of California and all requirements of the West Hollywood Health Code;

(vi)

(vii)

Provide garbage receptacles for immediate use by customers; and

(viii)

(c)

Operation on Private Property. Peddlers that operate any lunch, meal or eating, food or produce sale or catering cart, wagon, trailer or truck on private property shall:

(i)

Have written documentation of the property owner's authorization to operate on the property in their possession while operating in the city;

(ii)

Not remain in any single location in excess of two hours in any twenty-four hour period without obtaining a conditional use permit (WHMC Chapter 19.52) or a temporary use or special event permit (WHMC Chapter 19.54) as provided in Title 19 of this code;

(iii)

Confine the entire operation on the private property, including queuing of patrons; (iv) Comply with all applicable food labeling requirements established by the State of California and all requirements of the West Hollywood Health Code;

(v)

Provide garbage receptacles for immediate use by customers; and

(vi)

(d)

Peddling (as defined in Section 5.92.010(5)) of food, edibles, produce, victuals and liquids without a business license or an encroachment permit (when required as provided in subsection (b) of this section) and/or in violation of conditions imposed in a business license or encroachment permit is a misdemeanor punishable as provided in Section 1.08.010(a) of this code.

(Prior code § 6361(e); Ord. 90-269 § 1, 1990; Ord. 91-290 §§ 1, 2, 1991; Ord. 92-322 § 1, 1992; Ord. 94-395 § 1, 1994; Ord. 98-515U § 1, 1998; Ord. 98-516 § 1, 1998; Ord. 03-655 § 1, 2003; Ord. 04-688 § 1, 2004; Ord. 04-689U § 1, 2004; Ord. 07-751 § 2, 2007; Ord. 09-804 § 4, 2009; Ord. 12-884 §§ 2, 3, 2012; Ord. 14-936 § 3, 2014)