Note: Prior ordinance history: Ord. 1394.
The city council finds that persons and organizations have been
and are visiting private residential properties for the purposes of
peddling goods, wares, merchandise or services, and that some residents
find such visits to be bothersome and intrusive. The city council
further finds that a variety of misrepresentations and other frauds
are at times employed in such activities. The city council finds that
it has a substantial and compelling interest in allowing individuals
to determine their level of comfort with privacy and whether or not
they want to be solicited. The city council further finds that public
safety and convenience necessitates the exercise of the police power
of the city through the enactment and enforcement of this chapter
for the purpose of protecting the privacy and safety of residents
and preventing fraudulent practices by persons representing themselves
as peddlers.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
[1] means any person who goes from house to house, or from place to place in the city selling or taking orders for, or offering to sell or take orders for goods, wares and merchandise for present or future delivery, or for services to be performed immediately or in the future, whether or not such person has, carries or exposes a sample of such goods, wares and merchandise, or not and whether or not he is collecting advance payment for such sales or not. For the purposes of this code, "peddler" and "solicitor" mean the same thing. Peddlers are not "street vendors" which are defined and regulated in Chapter 4.18 and they are not "vehicle vendors" which are defined and regulated in Chapter 4.20.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
A.
Except
as otherwise provided by this chapter, it is unlawful for any person
to act as a peddler within the city without having obtained a permit
issued pursuant to this chapter. Each individual peddler shall obtain
a permit. In addition, there must be compliance with the city's business
license requirements.
B.
No permit
shall be required for persons selling goods, wares, merchandize, or
other things of value to merchants with fixed places of business for
purpose of resale.
C.
Nothing
in this chapter shall prohibit persons from distributing handbills
door-to-door within the city without a permit or for soliciting for
charitable, religious, political, patriotic, or philanthropic purposes
without a permit.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
Applicants for a permit under this chapter shall file with the
finance director an application in writing on a form to be furnished
by the city, which shall give the following information:
A.
The
name;
B.
Date
of birth, driver's license or other valid state or federal identification
providing a personal description of peddler, social security number;
C.
Permanent
home address and telephone number and local business address and telephone
number;
D.
The
name and address of the person, firm or corporation by whom the peddler
is employed including length of service with such employer;
E.
The
nature of character of the goods, wares, merchandise, or services
to be offered by the peddler;
F.
The
length of time for which the right to peddle is desired;
G.
A valid
city of San Bruno business license;
H.
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 (such as a valid San Mateo
County Health Permit), or which, under any such law or regulation
would exempt the applicant from the licensing requirement of this
chapter;
I.
A statement
as to whether any application, permit or license previously granted
by the city or any other city to applicant to peddle has been denied
or revoked, the time of the denial or revocation, the reasons therefore;
J.
A statement
as to any convictions of any criminal offense, whether felony or misdemeanor,
other than minor traffic violations. As to any such offense, the date
and place of conviction, the nature of the offense, and punishment
or penalty imposed; and
K.
A separately
signed waiver and release authorizing the city, its agents and employees
to seek information and to conduct an investigation into the truth
of the statements made on the application, including criminal records
check and identification verification.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
At the time the application is filed with the finance director,
the applicant shall pay a fee sufficient to cover the cost to the
city of processing the application including any work performed or
fees incurred (such as fingerprints and photographs) by the police
department necessary to review of the application.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
A.
Upon
receipt of an application, the finance director or other authorized
representative shall cause an investigation to be made of the applicant's
background as deemed necessary for the protection of the public health,
safety, and general welfare.
B.
The
finance director shall deny an application for a permit if he or she
makes any of the following findings:
1.
The
applicant has failed to pay the application permit fee.
2.
The
applicant has made one or more material misstatements in the application
for a permit.
3.
The
applicant has ever been convicted or held liable for a crime of theft,
fraud, deceit, unlawful sale or possession of controlled substances,
moral turpitude, or any felony or misdemeanor offense that reasonably
and directly indicates a potential risk to the public.
4.
The
applicant (or employer or principal if working as an agent or employee
of an organization) has had a judgment in an action for fraud, deceit
or misrepresentation or other judgment that reasonably and directly
indicates a potential risk to the public, entered against it, her,
him, or them by a court of competent jurisdiction within ten years
prior to the date of application.
5.
The
application fails to provide proof of possession or maintenance of
any license or permit which, under federal, state or local laws or
regulations, the application is required to have in order to conduct
the proposed business.
6.
The
applicant (or employer or principal if working as an agent or employee
of an organization) has previously been convicted for violation of
any provision of this chapter, or has had any permit issued pursuant
to this chapter revoked.
7.
The
finance director possesses any other credible information concerning
the applicant, his or her employer or principal that reasonably and
directly indicates the peddling activities will likely be used as
a means of committing crime, fraud, or deceit, or other offense that
reasonably and directly indicates a potential risk to the public.
8.
Any
violations of this chapter.
C.
If the
application is disapproved, the director's disapproval and the reasons
for disapproval shall be noted on the application, and the applicant
shall be notified that his or her application is disapproved and that
no permit will be issued. Notice shall be mailed to the applicant
at the address shown on the application form, or at the applicant's
last known address.
D.
If the
finance director finds that the applicant's background is satisfactory,
the finance director shall approve, upon payment of the prescribed
fee, and deliver the required permit and identification badge to the
applicant.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
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.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
A.
It is unlawful for any peddler, whether with or without a permit, to enter upon any residential premises between nine p.m. and eight a.m. the following day in violation of Section 6.12.080 of this code.
B.
It is unlawful to peddle where a residence or business is posted "no solicitation" or similar notice in violation of Section 6.12.080 of this code.
C.
"Do
Not Knock" Registry.
1.
The
city clerk or designee shall prepare a list of addresses of those
premises where the owner and/or occupant has notified the city that
peddling and/or soliciting is not permitted on the premises (hereinafter
referred to as the "Do Not Knock" registry).
2.
Notification
shall be by completion of a form available at City Hall during normal
business hours and shall be valid for two years.
3.
The
list shall be updated at a minimum of every thirty days and shall
be effective on the first day of each month.
4.
The
city clerk or designee shall post the "Do Not Knock" registry addresses
on the city's website and distribute the current "Do Not Knock" registry
to peddlers who have been issued active permits to solicit pursuant
to the provisions of this chapter.
5.
Prior
to any solicitation efforts, peddlers shall review the online "Do
Not Knock" registry, which is available through the city clerk at
City Hall or the city's website.
6.
Peddlers
shall not solicit at any premises identified on a then current "Do
Not Knock" registry.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
The following conditions and regulations shall also apply to
the exercises of the privileges granted by permits issued under the
provisions of this chapter in addition to those set forth in other
parts of this chapter or elsewhere in this code:
A.
Identification.
1.
Every
peddler issued a permit and city-issued photo identification badge
must be in possession of the permit and identification badge at all
times when engaged in the business so permitted within the city.
2.
The
peddler must wear and display upon his or her person the permit and
display such city photo identification badge on the demand of any
person to whom he or she is peddling or of any public safety officer
or official of the city.
3.
No
person issued a permit or city photo identification badge shall alter,
remove, or obliterate any entry made upon such permit or badge or
deface such permit or badge in any way.
4.
Each
permit shall be personal and not assignable or transferable nor shall
any permit be used by any person other than the permittee or the person
for whom the identification badge is issued.
5.
Every
peddler upon the request of any public safety officer or official
of city shall sign the peddler's name for comparison with signature
upon the permit or card or signature upon the permit application.
B.
Every
peddler who solicits an order for future delivery shall, if requested
by the customer, provide a receipt plainly stating the quantity of
each article or commodity ordered, the priced to be paid therefore,
the total amount ordered, and the amount to be paid on or after delivery.
C.
Every
peddler shall, if requested by the customer, provide his or her name,
business address and telephone number, and the name, business address
and telephone number of the person, organization, or entity on whose
behalf solicitation is being made.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
A.
A permit
issued under this chapter may be suspended or revoked by the finance
director for the following causes:
1.
Fraud,
misrepresentation or false statement contained in the application
for permit;
2.
Fraud,
misrepresentation or false statement made in the course of carrying
on the business of peddler;
3.
Any violation of this chapter including peddling and/or soliciting at any premises identified on the then current "Do Not Knock" registry as provided in Section 4.16.080 of this chapter;
4.
Conviction
of any crime or misdemeanor involving theft, fraud, deceit, unlawful
sale or possession of controlled substances, moral turpitude, or any
felony or misdemeanor offense that reasonably and directly indicates
a potential risk to the public; and
5.
Conducting
the business of soliciting or of canvassing in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety, or general welfare of the public.
B.
This
section shall be self-executing and the suspension or revocation shall
be effective immediately. The finance director shall give notice of
the suspension or revocation of the permit and sufficient notice shall
be given if mailed or delivered to the permittee at the permittee's
last known address.
C.
The
term of suspension of any permit shall not be for more than sixty
days.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
A.
In the event that an applicant or permittee desires to appeal from any order, revocation, or other ruling of the finance director or other designee of the city manager, made under the provisions of this chapter, such applicant shall have the right to appeal such action or decision. The procedure to appeal a denial shall be as set forth in San Bruno Municipal Code Sections 4.04.100 and 4.04.110, except that "finance director" shall be substituted for "police chief" or "chief of police." The procedure to appeal a suspension or revocation shall be as set forth in subsections C and H, inclusive of Section 4.04.090, and in Section 4.04.110, except that "finance director" shall be substituted for "police chief" or "chief of police."
B.
This
section shall be self-executing and the suspension or revocation shall
be effective immediately. The finance director shall give notice of
the suspension or revocation of the permit and sufficient notice shall
be given if mailed or delivered to the permittee's last known local
address.
(Ord. 1739 § 2, 2007; Ord. 1878 § 4, 2020)
