A. 
"Person" as used in this chapter includes the singular and plural, and any person, firm, or corporation, association, or any other organization.
B. 
"Itinerant vendor" means any person who sells personal property, services, or food items; or who solicits orders for the sale of personal property or services to be delivered at some future time other than from a permanent place of business owned or leased by the person who sells or solicits orders. "Itinerant vendor" includes, but is not limited to, persons who sell or solicit orders, food items on foot, door to door, in public places, from motor vehicles, trailers, pushcarts, motorized carts, or temporary structures such as stalls, tables, or other devices.
C. 
"Itinerant vendor" also means a roadside vendor or any person who sells, gives away through barter, offers to sell, or solicits to sell any fruit, vegetables, nuts, berries, citrus, cut flowers or any other item that requires a license or permit from the State Department of Food and Agriculture, Market License Bureau pursuant to Chapter 6 and 7, Division 20 of the Food and Agriculture Code.
D. 
"Mobile food vendor" has the same meaning as a mobile food facility as defined in Section 113900 of the California Health and Safety Code.
(Ord. CS 111 §1, 1985; Ord. CS 949 §2, 2006; Ord. CS 963 §1, 2006)
A. 
Except as provided in this chapter, it is unlawful for any itinerant vendor to sell new or used personal property or services, or solicit orders in any unincorporated areas of Stanislaus County, without having first procured from the tax collector of Stanislaus County a permit for such purpose. The tax collector of Stanislaus County is designated as the agent of the board of supervisors for the purpose of issuing permits as provided in this chapter.
B. 
Itinerant vendors may operate only on privately owned real property within the commercial, industrial, or highway frontage zoning districts.
C. 
No itinerant vendor shall operate within or upon, and shall not sell, solicit, or barter, transact or solicit business within or upon, any right-of-way, public street, road, sidewalk, highway or public property. An itinerant vendor must be located at lease thirty-five feet back from the paved edge of any roadway, and, if operated on a corner lot, shall not be operated within a sight distance triangle area formed by the street, property lines, and a line connecting them at points at least thirty-five feet from the intersection of the street lines maintaining at least thirty-five feet from any intersection. The measurement of thirty-five feet shall start at the gutter or edge of the roadway, inward. (A copy of the aforementioned sight distance triangle is available at Stanislaus County department of planning and community development and the department of environmental resources.) No itinerant vendor may occupy a required parking space for on-site development. This subsection shall not apply to mobile food vendors that have been issued a health permit issued by the department of environmental resources to operate on approved routes, and operate in compliance with the applicable California Retail Food Law regulating health and sanitation standards for retail food facilities.
(Ord. CS 111 §2, 1985; Ord. CS 949 §3, 2006; Ord. CS 963 §2, 2006)
A. 
Itinerant vendor permits may be acquired by submitting an application to the tax collector of Stanislaus County. The application shall be on a form prescribed by the tax collector and shall include the following information: The name and permanent address of the applicant; the temporary address of the applicant if different from the permanent address; a full and complete description of the goods or services offered by the applicant; a complete physical description of the applicant including sex, race, age, height, weight, color of hair and eyes; and a description and license number of any vehicles used by the applicant. The applicant shall also provide other proper identification as required by the tax collector. The applicant shall provide his or her complete criminal record, if any. If the applicant is other than self-employed, he or she shall state in the application the name and address, both permanent and temporary, of the firm, person, corporation, or association by which he or she is employed or which he or she represents, and the nature of the business and personal property which such firm, person, corporation, or association provides.
B. 
Written permission from the owner of the property where the itinerant vendor operates must be obtained and attached to the application permit form prior to the issuance of a permit.
C. 
If the purpose of the sale of the property or services is for a charitable event, the person, firm, corporation, association or organization involved in that charitable event shall be required to submit an application for an itinerant vendor permit under this section to the tax collector; however, only the following information shall be required: The name and permanent address of the applicant; the temporary address of the applicant if different from the permanent address, and a full and complete description of the goods or services offered by the applicant.
(Ord. CS 111 §3, 1985; Ord. CS 836 §1, 2003; Ord. 949 §4, 2006)
The tax collector, at his or her discretion, may delay the issuance of any permit provided in this chapter for such time as is necessary to verify the business address of the applicant and the existence of his or her principal or employer, if any. When such information is received, the tax collector may issue a permit for which he or she shall collect a fee for each person issued a permit. The required annual fee for an itinerant vendor permit shall be established by the board of supervisors by resolution.
(Ord. CS 111 §4, 1985; Ord. CS 949 §5, 2006)
Permits issued under this chapter are not assignable or transferable and may be used only by the person to whom issued. Such permits shall show the description of the holder; his or her name and address, both temporary and permanent, with the name of his or her principal, if other than the permittee: a description of the business for which the permit has been issued; and shall be signed by the permittee in ink.
(Ord. CS 111 §5, 1985)
Every itinerant vendor holding a permit under this chapter shall, while selling personal property or services or soliciting orders, keep in his or her possession at all times his or her permit and shall, upon demand of any designated county officers and employees authorized to enforce the requirements of this chapter pursuant to Section 1.24.040 of this code shall exhibit his or her permit and personal property for inspection.
(Ord. CS 111 §6, 1985; Ord. CS 949 §6, 2006)
Nothing contained in this chapter shall be construed as authority for any permittee to engage in an unlawful business or conduct. Any designated county officers or employees authorized to enforce the requirements of this chapter pursuant to Section 1.24.040 of this code is authorized to temporarily suspend the permit of any person holding a permit under this chapter whenever it appears that the permittee has engaged in any unlawful business or conduct. Within fourteen days after suspension of a permit, the authorized county officer or employee shall set the matter for hearing before the nuisance abatement hearing board. Written notice of such hearing shall be mailed to the permittee at the address shown on the application at least ten days prior to time of hearing. Within thirty days after the hearing is closed, the abatement hearing board shall make a written recommendation to the board of supervisors to revoke the temporary suspension, to suspend the permit for any further period, or to permanently revoke the permit as the facts may warrant. A copy of the recommended decision shall be mailed by certified mail, to the permittee. The board of supervisors may adopt, modify or reject the recommendation without further notice of hearing or, in the discretion of the board of supervisors, may set the matter for a de novo hearing.
(Ord. CS 111 §7, 1985; Ord. CS 949 §7, 2006)
Nothing in this chapter shall apply to wholesalers or their representatives, employees, or agents calling upon retail business houses. The requirement to obtain an itinerant vendor permit pursuant to Section 6.68.020(A) and Section 6.68.030 shall not apply to the sale of products on property owned or leased by merchants or their employees or agents that have a legally established place of business in Stanislaus County, nor to farmers of Stanislaus County or their employees selling farm products produced by such farmers; provided, however, all other provisions of this chapter shall apply, and a permit is required for offsite sales.
(Ord. CS 111 §8, 1985; Ord. CS 949 §8, 2006)
It is unlawful for an itinerant vendor to sell new or used personal property or services, or solicit orders in or upon private residences, homes, or apartments in any unincorporated area of Stanislaus County unless they have been requested to.
(Ord. CS 111 §9, 1985)
Every person violating or failing or neglecting or refusing to comply with any of the provisions of this chapter, shall be deemed guilty of an infraction, punishable in accordance with Section 1.36.020 of this code. Each such person shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person. Designated county officers and employees are authorized to enforce the requirements of this chapter pursuant to Section 1.24.040 of this code.
(Ord. CS 111 §10, 1985; Ord. CS 459 §5, 1991)
A. 
Any designated county officer or employee authorized to enforce the requirements of this chapter pursuant to Section 1.24.040 of this code may confiscate, and thereafter destroy, farm products and food sold by itinerant vendors in violation of this chapter, including items such as fruit, vegetables, nuts, berries, citrus, cut flowers and other items that require a license from the State Department of Food and Agriculture, Market License Bureau pursuant to Chapter 6 and 7, Division 20 of the Food and Agriculture Code, and including food offered for sale in violation of the California Uniform Retail Food Facilities Law.
B. 
When confiscated, the person in possession or control of these items will be issued a receipt for the confiscated property. The receipt will list the items impounded, the approximate quantity, information sufficient to identify the person from whom the items were taken, and a notation that the items or property are deemed to be a hazard to public health or threat to Stanislaus County agriculture.
(Ord. CS 949 §9, 2006)
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or unlawful, the board of supervisors declares that it would have passed the ordinance codified in this chapter irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be unconstitutional or unlawful.
(Ord. CS 111 §11, 1985)