It is unlawful to solicit or canvass in the City of Mill Valley without obtaining a solicitor's permit and a business license. Such solicitor's permit shall be produced upon request by any police officer.
(Ord. 496 § 1, August 7, 1960; Ord. 1102 § 15, September 16, 1991)
Soliciting or canvassing shall be limited to the hours between 8:00 a.m. and 9:00 p.m. April 1st to October 31st, and 8:00 a.m. and 8:00 p.m. November 1st to March 31st. It is unlawful to solicit or canvass at any other time.
(Ord. 1146 § 1, September 16, 1996)
It shall be unlawful for any person to solicit by ringing a bell, knocking on doors, or in any way personally contacting the residents or occupants of buildings, structures or premises upon which there is painted, affixed or otherwise displayed to the public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors" or "No Agents," or any other language which prohibits solicitation or canvassing on the premises.
(Ord. 1146 § 2, September 16, 1996)
A canvasser or solicitor includes any person going from place to place taking or attempting to take orders for sale of goods or services for future delivery. This will not apply to salespeople who solicit orders from or sell to retail dealers for resale or to manufacturers for manufacturing purposes or to bidders for public works or supplies. A canvasser or solicitor also includes any person going from place to place requesting financial assistance of any kind for charitable, political, religious or other causes.
(Ord. 496 § 1, August 7, 1960; Ord. 1102 § 16, September 16, 1991; Ord. 1146 § 3, September 16, 1996)
Applicants for a solicitor's permit must file with the Finance Department an application in writing with all required information including:
A. 
Name and description of the applicant;
B. 
Permanent home address and local address;
C. 
A brief description of the nature of the business and the goods and services to be sold;
D. 
The name and address of the employer;
E. 
The length of time for which the right to do business is desired;
F. 
Where the goods proposed to be sold are manufactured and stored and the method of delivery;
G. 
The fingerprints of the applicant and evidence as to the good character and business responsibility of the applicant;
H. 
A statement as to whether the applicant has been convicted of any crime or misdemeanor and the nature of offense and the punishment or penalty assessed.
(Ord. 496 § 1, August 7, 1960; Ord. 1102 § 17, September 16, 1991)
A. 
Investigation. Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he or she deems necessary for the protection of the public good.
B. 
Police Disapproval. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his or her disapproval and his or her reasons for the same, and return the said application to the City Clerk, who shall notify the applicant that his or her application is disapproved and that no permit will be issued.
C. 
Permit Issuance. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his or her approval and shall prepare a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application, to the City Clerk, who shall, upon payment of the prescribed municipal license fee required by Chapter 5.08, execute and deliver to the applicant his or her solicitor's permit and municipal license; provided, however, that a solicitor or salesperson employed by a properly established and municipally licensed person, firm or corporation within the City shall not be required to take out an additional municipal license. Such permit shall contain the signature and seal of the issuing officer and shall show the name and address of said license, the purpose for which permit is issued, the class of municipal license issued therewith, the kind of goods to be sold thereunder, the date of issuance and expiration date, which shall coincide with the expiration date of the municipal license issued therewith, and the license number and other identifying description of any vehicle used in such soliciting or canvassing. The City Clerk shall keep a permanent record of all permits issued.
(Ord. 496 § 4, August 17, 1960; Ord. 1261 § 6, November 4, 2013)
A. 
Reasons for Revocation. Permits issued under the provision of this chapter may be revoked by the City Council after notice of hearing, for any of the following reasons:
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 his or her business as solicitor or as canvasser;
3. 
Any violation of this chapter;
4. 
Conviction of any crime or misdemeanor involving moral turpitude; or
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. 
Notice of Hearing. Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of such hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address at least five days prior to the date set for hearing.
(Ord. 496 § 6, August 17, 1960)
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of a permit, as provided in Section 5.16.040 of this chapter, shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.16.060 of this chapter for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
(Ord. 496 § 7, August 17, 1960; Ord. 1261 § 6, November 4, 2013)
Violations of any provision of this chapter shall constitute infractions, punishable as set forth in Chapter 8.66 and Government Code Section 36900. If any person commits a third or subsequent violation within a one-year period, then such third or subsequent violation shall constitute a misdemeanor punishable by a fine not exceeding $1,000.00 or imprisonment not exceeding six months, or both, pursuant to Government Code Section 36901.
(Ord. 1146 § 4, September 16, 1996)