No solicitor, canvasser or peddler as defined in this code,
shall go from place to place in the city or from house to house, for
any of the purposes hereinbefore specified or indicated, without having
first procured a written permit from the city licensing official authorizing
the same. To obtain such permit, each such solicitor, canvasser or
peddler shall personally appear before the licensing official, or
designee thereof, and file a written application for such permit,
which application shall set forth the true name and address of the
applicant, and such other information as the licensing official shall
require, including detailed information as to the employer of the
applicant, or the name of the concern he or she purports to represent,
the nature of his or her business in the city as such a solicitor,
canvasser or peddler, and such other information as may be required
by California
Business and Professions Code Section 17510, et seq.
For this purpose the licensing official shall provide printed forms
for use by each applicant, and each applicant shall verify the information
given under penalty of perjury. All such applications shall be filed
and permanently retained by the licensing official for at least two
years as public records. Each applicant shall pay a permit fee to
defray the costs of administering this section, in such amount as
may be established by resolution of the city council.
(Prior code § 6560.1; Ord. 1835 § 13, 2008)
Once the business license official has verified the information
provided, the applicant shall be issued a permit to engage as such
solicitor, canvasser or peddler within the city, for a period of 30
days or for such longer period as permitted by the business license
official.
(Prior code § 6560.2; Ord. 1835 § 14, 2008)
The permit required under Section
5.28.010 shall be a printed card in such form and containing such information as may be required by the business license official, including, but not limited to, the identity and address of the solicitor and of the solicitor's employer, if any, and in substance authorizing and permitting the applicant to act as such solicitor, canvasser or peddler within the city for a period stated. Every such permit may also contain instructions in regard to the conduct of the solicitor, canvasser or peddler to whom the same is granted, while soliciting, canvassing or peddling in the city, and every such solicitor, canvasser or peddler to whom a permit has been granted shall exhibit the same promptly upon making contact with any resident or to any police officer requesting to inspect it.
(Prior code § 6560.3; Ord. 1835 § 15, 2008)
In addition to the requirement of a permit as provided in this chapter, and in addition to any and all applicable provisions of this title, this code, or any other ordinance or requirement, every solicitor, canvasser or peddler selling any goods, merchandise or service shall be required to pay a business license fee as provided in Section
5.04.400 of this title.
(Prior code § 6560.4)
No solicitor, canvasser or peddler, whether licensed under this
chapter or not, shall solicit, take orders, sell or vend, or attempt
to sell or vend wares, merchandise or articles of merchandise in any
public park or public building in the city without first having obtained
a permit to do so from the city council.
(Prior code § 6565.5)
A. No person
shall solicit, collect or receive money or property, or solicit the
sale of, or sell any article, or thing, service, of any kind where
it is represented that the proceeds of such solicitation or sale or
any part thereof, are to be used for purposes of charity, relief or
benefit, or otherwise engage in any "solicitation for charitable purposes,"
as that phrase is defined in California
Business and Professions Code
Section 17510.2, without first obtaining and being the holder of a
valid permit so to do for each drive or campaign for funds or property.
Such permit shall be known as a "charity solicitation permit" and
shall be obtained through the business license official. The fee for
such permit shall be $3.00 or such other amount as may be set by resolution
of the city council.
B. The
foregoing permit shall be required only of the person in charge of
charitable solicitations, but no person shall solicit as agent, servant
or representative of an unpermitted person required under the provisions
of this chapter to have a charity solicitation permit. A copy of such
permit shall be displayed by each solicitor at all times while engaged
in solicitation activities.
C. Before
any such permit shall be issued, and as a condition to the issuance
thereof, the person applying therefor shall file with the business
license official a sworn statement and publish a copy thereof at least
once in a newspaper in the city, in a space not less than two inches
by four inches in size, and in type not less than eight-point news
style in size. The statement shall contain the name of the person
or organization, or a brief description of the class of persons for
whose benefit solicitation is to be made together with the address
and telephone number of such person or organization, (and if an organization,
the names and business addresses of its officers); the name of the
person or persons who are to solicit; the total amount to be raised;
the estimated total amount to be expended as compensation or reward
for such solicitation, or the percentage of the total amount intended
to be raised or realized in the drive or campaign such estimated total
of expenditures represents; and the purpose for which the money or
property derived from such solicitation is to be used. This statement
shall be verified by declaration or affidavit of the person, or chief
officer of the organization, for whom solicitation is to be made,
or if solicitation is to be for an unorganized class of persons, verification
shall be made by the person in charge of such solicitation.
D. Before
issuing a charity solicitation permit, the business license official
may make inquiry of the applicant, or any other person, concerning
the plan of solicitation, the disposition of the proceeds thereof,
and the matters set forth in the sworn statement herein required,
and if upon such inquiry or from such statement the business license
official discovers any false statement or representation, or that
the applicant does not represent a bona fide charity as defined in
California
Business and Professions Code Section 17510.2, or that
the solicitation activities proposed would violate any provision of
California
Business and Professions Code Section 17510, et seq., or
any other law, the application shall be denied.
E. Any
charity solicitation permit may be revoked or suspended by the business
license official, pending a hearing, when there is probable cause
to believe that any fraud or misrepresentation has been committed
by the permittee or agents thereof in connection with any permitted
solicitation, or that the permittee included any statement or representation
in the application which was not truthful. Upon any such revocation
or suspension, the business license official shall schedule a hearing
to occur within not less than seven calendar days nor more than 21
calendar days thereof, and shall provide notice by first class mail
of such hearing to the permittee at the address set forth in the application
on file. The hearing shall be held before the city manager or designee
whose decision shall be based upon written findings and shall be final.
(Prior code § 6560.6; Ord. 1835 § 16, 2008)
Each solicitor, peddler, hawker, or transient vendor shall wear
a photo identification badge at all times while soliciting. The badge
shall identify the bearer thereof, and shall contain the bearer's
employer's name and business address, or if none, the bearer's permanent
address. The badge shall be issued by the business license official
at the cost of the applicant. The fee for issuing the badge shall
be in such amount as may be established by resolution of the city
council, which fee shall cover the cost of film, badge materials and
labor.
(Prior code § 6560.7; Ord. 1835 § 17, 2008)