For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means an individual designated by the city manager or a designee
of the city manager thereof, to hear an appeal arising from this chapter,
provided that the designee shall not be the permitting authority or
the chief of police.
means any person who goes from house to house, or from place
to place, in the city to: (1) sell or take orders for the immediate
delivery of; or (2) offer for sale or take orders for immediate delivery
of any goods, wares, merchandise, services or anything of value in
the possession of the peddler.
means the solicitor and peddler permit issued pursuant to
this chapter.
means the person to whom the solicitor and peddler permit
is issued.
means the city of Manteca police department.
means any individual, partnership, firm, association, corporation,
joint venture or any other combination of one or more individuals
for the purpose of doing business.
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 any person who goes from house to house, or from place
to place, in the city: (1) selling or taking orders for the future
delivery of; or (2) offering to sell or take orders for the future
delivery of, goods, wares, merchandise, services or other things of
value.
includes all activities ordinarily performed by a solicitor
as defined in this section.
(Ord. O2023-13 § 1)
It shall be unlawful for any person to engage in the business
of peddler or solicitor within the city limits without first obtaining:
(1) a city-issued business license; and (2) a solicitor and peddler
permit therefor.
(Ord. O2023-13 § 1)
Any person applying for a solicitor and peddler permit under
this chapter must file with the chief of police a sworn statement,
on a form provided by the city clerk, and pay an application fee in
an amount set from time to time by resolution of the city council.
The application shall contain or be accompanied by the following:
A.
Name,
description, copy of a current California driver's license (if not
a licensed driver, copy of an identification card issued by the department
of motor vehicles);
B.
The
residence and business addresses and telephone numbers of the applicant;
C.
A copy
of current city-issued business license;
D.
The
exact nature of the proposed business, including a brief description
of the goods, wares, merchandise and services to be sold or furnished;
E.
If an
employee or agent, a full identification of the employer or principal;
F.
The
length of time for which the right to do business is desired;
G.
Location
or places of transacting business and residence for the past two years;
H.
If a
vehicle is to be used, a description of same together with vehicle
ID number and license plate number;
I.
Fingerprints
of the applicant, taken by any local law enforcement agency;
J.
One
photograph of the applicant, taken within the last six months prior
to applying for the permit, which picture shall be two inches by two
inches showing the head and shoulders of the applicant in a clear
and distinguishing manner; and
K.
Prior
convictions of a crime, felony, or misdemeanor, or violation of any
ordinance, the nature, place and date of such offense and disposition
of same.
(Ord. O2023-13 § 1)
A.
The
application shall be accompanied by a permit processing fee in an
amount as set, from time to time, by resolution of the city council.
B.
A peddler or solicitor who offers for sale only goods or services with an asking price of less than fifteen dollars per item is exempt from the permit requirements of this chapter including the payment of fees. Such peddlers and solicitors are still subject to Sections 5.68.090 (Entry upon signed premises unlawful) and 5.68.100 (Hours of solicitation).
C.
This
fee shall not apply to an applicant who offers satisfactory proof
of solicitation or sales on behalf of an organization that is tax-exempt
under Section 501(c)(3) of the Internal Revenue Code or other exemption
provided by the Constitution or statutes of the United States or of
the state of California.
(Ord. O2023-13 § 1)
A.
Upon
review of the application, the chief of police may refuse to issue
a solicitor and peddler 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 solicitor(s), peddler(s) or their customer(s) or potential
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 chief of police or designee 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 the permitting
authority, chief of police, or city council any discretion to grant,
deny, suspend, or revoke any 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. O2023-13 § 1)
A.
All
permits issued under this chapter shall last for a period of twelve
months, beginning on July 1st, and expiring the following year on
June 30th. A solicitor and peddler permit may be renewed for the next
twelve-month period, provided that all applicable requirements are
met and the permit is not currently suspended or has not been revoked
within the preceding twelve months. The fee for renewal shall be the
same as the application fee for a new solicitor and peddler permit.
B.
The
term of a principal's city business license shall be controlling as
to any solicitor and peddler permit held by an agent or employee of
the principal.
(Ord. O2023-13 § 1)
Every person required to obtain a solicitor and peddler permit
under the provisions of this chapter shall display and make clearly
visible their solicitor and peddler permit at all times when engaged
in the soliciting or peddling activities.
(Ord. O2023-13 § 1)
A.
It shall
be unlawful for any person other than the permit holder to use any
permit issued under the provisions of this chapter.
B.
It shall
be unlawful for a permit holder to transfer or authorize the use of
his or her permit by any other person.
(Ord. O2023-13 § 1)
It shall be 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,"
"No Solicitation" or words of similar import.
(Ord. O2023-13 § 1)
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 six p.m. and nine a.m.
(Ord. O2023-13 § 1)
A.
Any
solicitor and peddler permit issued under this chapter may be revoked
by the chief of police, for any of the following reasons:
1.
Fraud,
misrepresentations or false statement contained in the application
for a permit;
2.
Fraud,
misrepresentations, or false statement made by the permit holder in
the course of conducting solicitation or peddling activities;
3.
Conducting
peddling or solicitation activities contrary to the provisions contained
in the permit;
4.
Conviction
of any crime or misdemeanor involving moral turpitude; or
5.
Conducting
peddling or solicitation activities in such a manner as to create
a public nuisance as provided in state and local law, constitute breach
of the peace as provided in state and local law or endanger the health,
safety or general welfare of the public.
B.
Any permit issued under this chapter may be temporarily suspended pending a revocation hearing under Section 5.68.120 for any of the reasons enumerated in subsection A above. Notice of the suspension may be personally delivered or mailed to the person(s) address as shown on the permit application form. The temporary suspension shall expire upon the mailing of the decision after the hearing on revocation unless the temporary suspension is sooner withdrawn by the city.
(Ord. O2023-13 § 1)
A.
Upon
revocation of any permit issued under the provisions of this chapter,
the chief of police shall make the findings and reasons for revocation
and transmit them to the city clerk who shall notify the permit holder.
The permit holder whose permit has been revoked may appeal to the
city council by filing a written notice of appeal to the city clerk
within five days after the notification of the revocation.
B.
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 of commencement shall not be sooner than five
nor more than fifteen business days after the notice is personally
delivered or mailed to the person's address as shown on the permit
application form. Notice shall be deemed effective upon personal delivery
or deposit in the United States mail, as applicable.
C.
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. Said decision shall be
in writing, shall state specific reasons therefor, and that the decision
to revoke shall become effective upon mailing to the person's address
as shown on the permit application form. A decision to revoke a permit
shall state that the permit holder has ten calendar days to appeal
by filing a written notice of appeal with the city clerk.
(Ord. O2023-13 § 1)
A.
Any
person aggrieved by the action or decision of the chief of police
to deny, or of the hearing officer to 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 manager or designee.
B.
An appeal
shall be taken by filing with the city clerk within ten calendar days
after the notice of the action or decision has been mailed to the
person's address as shown on the permit application form, a written
statement setting forth the grounds for the appeal. The filing of
a timely appeal shall stay a revocation and reinstate the temporary
suspension.
C.
The
appeal shall be heard de novo by a hearing officer assigned by the
city manager or designee held at least five business days after the
appeal is filed. At the time of the hearing, the city manager or designee
shall hear all relevant evidence and, after the close of the hearing,
shall decide whether or not to revoke the permit. Said decision shall
be in writing, state reasons therefor, and shall be mailed to the
person's address as shown on the permit application form. The temporary
suspension shall remain in force until the city manager or designee's
decision is mailed.
D.
The
decision of the city manager or designee on the appeal shall be final
and binding on all parties concerned.
(Ord. O2023-13 § 1)
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 statute or other legal authority under which exemption
is claimed and shall present to the chief of police proof of qualification
for such exemption.
(Ord. O2023-13 § 1)
Violation of any of the provisions of this chapter shall be punishable as an infraction, pursuant to Section 1.16.010.
(Ord. O2023-13 § 1)
