(Legislative History: Ordinance No. 85-037, 10/21/85; Ordinance No. 87-026, 1/4/88; Ordinance No. 2002-032, 12/9/02 (Section 4-5-250); Ordinance No. 2007-039, 12/3/07 (Sections 4-5-200, 4-5-230, 4-5-235); Ordinance No. 2009-003, 3/16/09 (Section 4-5-205); Ordinance No. 2014-009, 6/16/14 (Sections 4-5-200—4-5-255))
It shall be unlawful for any person to engage in the business of peddler, solicitor or itinerant merchant within the City of San Leandro without first obtaining a permit therefor as provided herein.
This section does not apply to events which require a special event permit.
Applicants for permits under this Chapter must file with the Finance Director a sworn application in writing on a form furnished by the Finance Director which shall give the following information:
(a) 
Name and description of the applicant;
(b) 
Permanent home address of applicant;
(c) 
A brief description of the goods to be sold;
(d) 
If employed, the name and address of the employer, and the capacity in which the applicant is employed;
(e) 
If a vehicle is to be used, a description of the same together with license number and other means of identification;
(f) 
For peddlers and solicitors only, the fingerprints of the applicant shall be provided for the initial application, and for renewals, every even numbered year thereafter;
(g) 
A statement as to whether or not the applicant has been convicted of any crime, including violation of any municipal ordinance, the nature of the offense and the punishment or penalty imposed; and
(h) 
For itinerant merchants only, a written statement signed by the owner or authorized agent, consenting to applicant's use of the subject property.
The application and any renewal application shall be accompanied by a fee in such amount or amounts, as designated by the City Council, to cover administrative costs. No part of such fees shall be refunded whether such permit is issued or not.
The Finance Director shall deny the permit if he or she finds:
(a) 
That any information contained in or submitted with the application is not true; or
(b) 
That the activity as proposed by the applicant would not comply with any provision of this Chapter or any other ordinance or regulation of the City of San Leandro or any statute or regulation of the State of California or of the United States; or
(c) 
That the applicant has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
(1) 
An offense involving the use of force or violence upon the person of another that amounts to a felony;
(2) 
Burglary (P.C. § 459);
(3) 
Robbery (P.C. § 211);
(4) 
Fraud, misrepresentation (P.C. §§ 351, 531, 532); or
(d) 
That, for any other reason, the activity as proposed would be detrimental to the public peace, health, morals or welfare.
The Finance Director shall, within 20 days after receipt of an application complying with the provisions of this Chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 4-5-220. If the permit is issued, the permit shall contain the signature of the issuing officer and shall show the name and address of the issuing officer and shall show the name and address of the permittee, the class of permit issued, the kind of goods to be sold thereunder, the date of issuance, and the length of time (not to exceed one year) the same shall be operative as well as the license number and other identifying description of any vehicle, if any, used in such business. The Finance Director shall keep a permanent record of all permits issued. Permits shall be renewed annually upon payment of the renewal fee and business license fee. If the permit is for peddling at the Shoreline Recreation Area, the permit shall indicate the area or areas where the permittee may peddle.
The Finance Director shall issue to each permittee at the time of delivery of his or her permit such identification badges as deemed necessary by the Finance Director. Badges (peddlers and solicitors only) shall be carried and shall be exhibited to any police officer or other authorized city official on demand and to any person upon whom such peddler or solicitor shall call.
No identification badge issued under the provisions of this Chapter shall be used or worn at any time by any person other than the one to whom it was issued.
The Finance Director shall revoke a permit issued pursuant to the provisions of this Chapter if:
(a) 
He subsequently determines that facts exist which, under the provisions of Section 4-5-220 would have required denial of the permit at the time of application; or
(b) 
Subsequent occurrences create a situation which, under the provisions of Section 4-5-220 would have required denial of the permit had the situation existed at the time of application; or
(c) 
Fraud, misrepresentation, or false statement is contained in the application; or
(d) 
Fraud, misrepresentation, or false statement was made in the course of carrying on the business of peddler, solicitor or itinerant merchant; or
(e) 
Any violation of this Chapter or of the terms and conditions of the permit; or
(f) 
Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or constitute a threat to the health, safety or general welfare of the public.
Notice of the hearing before the Finance Director for revocation of a permit shall be given in writing, setting forth specifically the basis for revocation and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his or her last known address at least five days prior to the date set for hearing.
Any person who has been denied a permit pursuant to Section 4-5-225, or has had his or her permit revoked pursuant to Section 4-5-240, may appeal that decision to the City Manager.
(a) 
If a permit is for peddling from a conveyance located from the public right-of-way, it shall not be issued until the applicant provides evidence to the satisfaction of the Finance Director of public liability and property damage insurance in such form and amount as may be required by the Finance Director to protect the City, its officials, directors, officers, employees and agents from claims which may arise from permittee's activities under the permit. Such insurance shall be maintained during the term of the permit.
(b) 
The permittee shall be responsible for all liability for personal injury or property damage which may result from permittee's activities under the permit, or proximately caused by failure on the permittee's part to perform his or her obligations under said permit. If any claim or such liability is made against the City, its officers, or employees, permittee shall defend, indemnify and hold them and each of them, harmless from such claim including any claim based on the active or passive negligence of the City, its officers or employees, insofar as permitted by law.