For purposes of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as follows:
shall mean a peddler who not only carries goods for sale
but seeks for purchasers, either by shouting, or by attracting notice
and attention to his goods for sale by the actual exhibition or exposure
of such goods, or by placards or labels, or by the sound of a horn,
or by other means.
means all of those areas dedicated as public thoroughfares,
including, but not limited to, roadways, parkways, medians, alleys,
sidewalks and public ways or dedicated easements for public rights-of-way.
shall mean any person who goes from house to house or from place to place taking, or attempting to take, orders for the sales of goods, wares, and merchandise of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has a sample, or whether or not he or she is collecting advance payments. "Canvasser" shall also include any person who goes from house to house or place to place for the purpose of leaving samples and/or advertisements for any goods, wares, or merchandise or for services to be rendered. "Solicitor," "drummer," "canvasser," or "peddler" are distinct from sidewalk vendors which are regulated by Chapter 5.62 of this code.
shall mean any person who establishes himself in business
with the intention and determination to remain in business for a short
period of time only, whether such period is a definite or indefinite
one, such as a period of one or more weeks or months, or until a particular
stock of merchandise is disposed of, or until the local market for
the commodity handled by the dealer has been exhausted, and who, for
such limited period, engages or occupies a building or other place
for the exhibition and sale of his goods or wares.
(Ord. 523, 7/17/2024)
No person, whether or not a resident of the city, or whether or not the person maintains or is employed at an established place of business, shall engage in the city in the business of peddler, hawker, transient or itinerant merchant, solicitor, or canvasser (collectively referred to in this chapter as "solicitor") without first obtaining a solicitor permit therefor, unless exempt from such permit requirement pursuant to Section 5.66.160 of this chapter.
(Ord. 523, 7/17/2024)
Any person desiring to obtain a solicitor permit required by
this chapter shall make a written application to the director therefor,
signed under penalty of perjury, setting forth the following information:
A.
The name of the applicant;
B.
The residential address of the applicant;
C.
The business address of the applicant and the name of the business
or charitable organization;
D.
The residential and business telephone numbers of the applicant;
E.
The type of solicitation activity;
F.
Valid identification, such as a State of California driver's license
or identification number, an individual taxpayer identification number,
or a municipal identification number, Social Security number, or any
other government-issued identification card.
G.
A physical description of the applicant;
H.
A statement as to the number of vehicles used in his trade, and from
which the products of the applicant are sold or delivered, and the
type, make, year of model, and license number of all such vehicles;
and
I.
With respect to any charitable, religious or nonprofit organization,
the date on which the state and federal tax-exempt status was granted,
and a copy of the organization's state and federal nonprofit status
document shall be attached to the application.
(Ord. 523, 7/17/2024)
The application for the permit shall not be accepted for processing
if it is incomplete.
(Ord. 523, 7/17/2024)
Upon receipt of a complete application for a solicitor permit,
the director will cause the application to be reviewed and within
10 days of submittal of a complete application will either: (1) approve
or conditionally approve the permit if all applicable requirements
of this chapter are satisfied; or (2) deny the application if all
applicable requirements of this chapter are not satisfied. Notice
of director's decision to approve or conditionally approve the permit
may be provided by regular U.S. mail or by electronic mail. Notice
of the director's decision to deny the permit will be provided by
certified or registered mail or by personal delivery to the applicant
within three business days of the decision.
(Ord. 523, 7/17/2024)
Any permit issued pursuant to the provisions of this chapter
shall be void from the date of issuance if any statement or information
submitted by the applicant pursuant to the provisions of this chapter
is untrue. This provision is in addition to any criminal penalties
for perjury which may be applicable.
(Ord. 523, 7/17/2024)
One permit will be sufficient for any one person who applies
to engage in solicitation for multiple businesses as defined in the
application. No permittee shall engage in any solicitation not designated
in the permit, or for any business or employer not designated in the
permit, unless and until such permittee amends his application to
designate such business or employer.
(Ord. 523, 7/17/2024)
The fee for obtaining the permit required by this chapter shall
be set by resolution of the council. Individuals over the age of 65,
individuals under the age of 18, and veterans physically unable to
obtain a livelihood by manual labor who qualify under Sections 16001
and 16001.5 of the Business and Professions Code of the State shall
be exempted from paying such fee. In addition, any person soliciting
on behalf of any institution or organization recognized by a tax board
of the state and the Internal Revenue Service of the United States,
which institution or organization is conducted wholly for the benefit
of charitable, religious, or nonprofit purposes and from which profit
is not derived, either directly or indirectly, by any person, shall
be exempted from paying such fee.
(Ord. 523, 7/17/2024)
Permits issued pursuant to this chapter shall expire one year
after the date of issuance, or at the end of the duration of the activity
as stated by the registrant on the registration form, whichever occurs
first.
(Ord. 523, 7/17/2024)
A.
The director shall be responsible for enforcement of this chapter.
Any other city department enforcing the Moorpark Municipal Code, and
state and federal laws, may assist the director in enforcement of
this chapter.
B.
The director may promulgate administrative guidelines and regulations
to implement and enforce the provisions of this chapter.
D.
Any solicitor, including any peddler, hawker, transient or itinerant
merchant, or canvasser who violates this chapter will not be punishable
as a criminal infraction or misdemeanor, but will be subject to an
administrative citation issued by the department as follows:
1.
For soliciting without a valid solicitor permit:
a.
A written administrative warning for a first violation.
b.
An administrative fine of $250 for a second violation.
c.
An administrative fine of $500 for a third violation within
one year of the first violation.
d.
An administrative fine of $1,000 for a fourth violation and
each subsequent violation, within one year of the first violation.
2.
Upon proof of a valid solicitor permit issued by the city before
such fines are due, the city will reduce the amount of the fines to
$100 for the second violation, $200 for the third violation, and $500
for each violation thereafter.
3.
For all violations of this chapter other than soliciting without
a valid solicitor permit as outlined in subsection (D)(1)(a) above:
a.
An administrative warning for the first violation.
b.
An administrative fine of $100 for a second violation.
c.
An administrative fine of $200 for a third violation within
one year of the first violation.
d.
An administrative fine of $500 for a fourth violation within
one year of the first violation.
e.
An administrative fine of $500 for a fifth and each subsequent
violation, and revocation of the permit.
4.
The city will provide the person subject to the fine notice of his
or her right to request an ability-to-pay determination and will make
available instructions or other materials for requesting an ability-to-pay
determination.
E.
All citations issued for violations of this chapter are subject to
the administrative hearing and appeal process under this chapter and
the city's authority to use any civil remedy available to collect
any unpaid administrative fine.
F.
Fines assessed pursuant this section may be reduced to 20% of the
original fine amount upon submission of proof of inability to pay
at an adjudication hearing if requested by the person.
(Ord. 523, 7/17/2024)
The solicitor permit required by this chapter shall be exhibited
by the permittee whenever requested by the director or his or her
designee, another official of the city, a law enforcement officer
or any person to whom the permittee is engaged in selling or soliciting.
(Ord. 523, 7/17/2024)
No person required to have a permit pursuant to this chapter
or representing an institution or organization required to register
pursuant to this chapter shall go to or enter any residence, hotel,
or other dwelling place between the hours of 9:00 p.m. and 7:00 a.m.
for the purpose of engaging in the business for which he has a permit
or to solicit for which he has registered, except upon an invitation
of the occupant of the dwelling place.
(Ord. 523, 7/17/2024)
No person required to register pursuant to Section 5.66.040 of this chapter or required to obtain a permit pursuant to this chapter shall solicit or attempt on any premises on which a notice or sign is clearly posted prohibiting solicitations or indicating the owner's or occupant's desire not to be solicited.
(Ord. 523, 7/17/2024)
The provisions of this chapter shall not apply to:
A.
Persons who own or employed by or contracted to sell or solicit within
a commercial building and at that business's established place of
business;
B.
Persons invited to call upon private residences by the owner or occupant
thereof;
C.
Persons licensed and regulated by the state pursuant to Sections
12000 et seq. of the Business and Professions Code of the State;
D.
Persons selling or soliciting sales of a daily or weekly newspaper
as defined in Section 6040.5 of the Government Code of the State;
or
E.
Persons engaged in noncommercial solicitation or canvassing for or
against any candidate for public office or any ballot measure.
(Ord. 523, 7/17/2024)
A.
No person required to have a permit pursuant to the provisions of
this chapter shall go to or enter an area within one-fourth (1/4)
mile of any elementary, junior high, or high school, public or private,
between the hours of 8:00 a.m. and 4:00 p.m. on days schools are in
session, for the purpose of engaging in the business for which he
has a permit.
B.
The provisions of this section shall not apply to any person invited
to call at such school by the principal of the school or any other
authorized person thereof, nor shall the provisions of this section
apply to any person engaged in a business not having a special attraction
for children of school age.
(Ord. 523, 7/17/2024)
A.
Prior to any solicitation or sales solicitation for charitable purposes,
the solicitor or seller shall exhibit to the prospective donor or
purchaser a card entitled "Solicitation or Sale for Charitable Purposes
Card." The card shall be signed and dated under penalty of perjury
by an individual who is a principal, staff member, or officer of the
soliciting organization. The card shall give the name and address
of the soliciting organization or the person who signed the card and
the name and business address of the paid individual who is doing
the actual soliciting.
In lieu of exhibiting a card, the solicitor or seller may distribute
during the course of the solicitation any printed material, such as
a solicitation brochure, provided such material complies with the
standards set forth below, and provided that the solicitor or seller
informs the prospective donor or purchaser that such information as
required below is contained in the printed material.
Information on the card or printed material shall be presented
in at least 10-point type and shall include the following:
1.
The name and address of the combined campaign, each organization,
or fund on behalf of which all or any part of the money collected
will be utilized for charitable purposes;
2.
If there is no organization or fund, the manner in which the money
collected will be utilized for charitable purposes;
3.
The amount, stated as a percentage of the total gift or purchase
price, that will be used for charitable purposes;
4.
If paid fund raisers are paid a set fee rather than a percentage
of the total amount raised, the card shall show the total cost that
is estimated will be used for direct fundraising expenses;
5.
If the solicitation is not a sale solicitation, the card may state,
in place of the amount of fundraising expenses, that an audited financial
statement of such expenses may be obtained by contacting the organization
at the address disclosed;
6.
The non-tax-exempt status of the organization or fund, if the organization
or fund for which the money or funds are being solicited does not
have a charitable tax exemption under both federal and state laws;
7.
The percentage of the total gift or purchase price which may be deducted
as a charitable contribution under both federal and state law. If
no portion is so deductible the card shall state that "This contribution
is not tax deductible";
8.
If the organization making the solicitation represents any nongovernmental
organization by any name which includes, but is not limited to, the
term "officer," "peace officer," "police," "law enforcement," "reserve
officer," "deputy," "California Highway Patrol," "Highway Patrol,"
or "deputy sheriff," which would reasonably be understood to imply
that the organization is composed of law enforcement personnel, the
solicitor shall give the total number of members in the organization
and the number of members working or living within the city where
the solicitation is being made, and if the solicitation is for advertising,
the statewide circulation of the publication in which the solicited
ad will appear.
B.
Noncompliance by any individual solicitor or seller in connection
with a solicitation by any charitable organization shall subject the
solicitor or seller to the penalties of the law.
C.
When the solicitation is not a sales solicitation, any individual
solicitor or seller who receives no compensation of any type from,
or in connection with, a solicitation by any charitable organization
may comply with the disclosure provisions by providing the name and
address of the charitable organization on behalf of which all or any
part of the money collected will be utilized for charitable purposes,
by stating the charitable purposes for which the solicitation is made,
and by stating to the person solicited that information about revenues
and expenses of such organization, including its administration and
fundraising costs, may be obtained by contacting the organization's
office at the address disclosed. Such organization shall provide such
information to the person solicited within seven calendar days after
receipt of the request.
D.
A solicitor or seller who receives no compensation of any type from,
or in connection with, a solicitation or sales solicitation by a charitable
organization which has qualified for a tax exemption under Section
501(c) (3) of the Internal Revenue Code of 1954, and who is 18 years
of age or younger, is not required to make any disclosures pursuant
to this section.
(Ord. 523, 7/17/2024)
The financial records of a soliciting organization shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board. The disclosure requirements of subsection C of Section 5.66.160 shall be based on the same accounting principles used to maintain the soliciting organization's financial records.
(Ord. 523, 7/17/2024)
The provisions of this chapter shall not apply to solicitations, sales, offers, or attempts to sell within the membership of a charitable organization or upon its regular occupied premises, nor shall it apply to funds raised as authorized by Section 326.5 of the Penal Code. This chapter also does not apply to sidewalk vendors, who will be governed under the regulations set forth in Chapter 5.62 of this code.
(Ord. 523, 7/17/2024)
A.
No solicitor shall stand or park any motorized vehicle for more than
10 minutes in any particular location, nor shall any solicitor stand
or park any motorized vehicle in violation of any city ordinance.
Regardless of the length of time parked at any particular location,
no solicitor shall park within 500 feet, as measured in any direction,
of an area where he or she previously parked at the beginning of the
10 minute period, until 24 hours have elapsed from the end of said
10 minute period.
B.
No vending shall occur or be conducted from a parked vehicle on any
street during peak traffic hours, as determined by the community development
director, or on any street or portion thereof determined to be unsafe
due to limited line of sight, traffic control impacts or high traffic
flow. The public works director may limit the days or hours that vending
from a vehicle may occur at any location due to traffic safety concerns,
parking shortages or repairs or maintenance work.
C.
No solicitor using a motorized vehicle shall carry any merchandise,
wares, goods or food outside a 10 foot radius encircling the motorized
vehicle. Signs shall be limited to those affixed to the vehicle and
shall otherwise comply with all city ordinances.
D.
No solicitor shall park or stand a motorized vehicle used for peddling
in a manner which causes a hazard to vehicular or pedestrian traffic,
and no solicitor shall distribute any item from such a motorized vehicle
in a manner that causes any person to stand in that portion of the
street that is between the vehicle and the center of the street.
E.
No solicitor may use or operate any loud speaker, public address
system, radio, sound amplifier, bells or chimes, or other similar
device.
F.
No solicitor shall park a motorized vehicle on any street during
the hours of 8:00 p.m. through 7:00 a.m. of the next succeeding day.
G.
No solicitor shall sell or offer for sale any food or other goods
from a motorized vehicle unless he or she maintains a clearly designated
litter receptacle in the immediate vicinity of the vehicle, marked
with a sign requesting use by patrons. Prior to leaving the location,
the solicitor shall pick up, remove and dispose of all trash or refuse
which consists of materials originally dispensed by the solicitor,
including any packages or containers, or parts thereof, used with
or for dispensing such food or goods.
H.
Between 8:00 p.m. and 7:00 a.m., the solicitor shall not make any
outcry, blow a horn, ring a bell, or use any sound devices or musical
instrument upon any of the streets, alleys, parks or other public
places of this city where sound is of sufficient volume to be capable
of being plainly heard upon the public sidewalks or streets, public
parks or other public places, for the purpose of attracting attention
to any goods, wares, merchandise or food which the permittee proposes
to sell.
I.
No solicitor shall intentionally or deliberately obstruct the free
movement of any member of the public on any public sidewalk or street
or in any public place.
J.
No solicitor shall solicit any items to a captive audience including
persons in lines or seated in public areas.
K.
No solicitor shall solicit or attempt to solicit to the occupants
of vehicles standing or moving upon any public street or highway.
Nothing in this subsection shall be construed to prohibit peddling
to the occupants of any vehicle that is lawfully parked.
L.
No solicitor shall stop, stand or park any motorized vehicle in violation
of any provision of the California Vehicle Code or the Moorpark Municipal
Code.
M.
No solicitor shall solicit any food unless the items being sold comply
with all applicable food labeling requirements established by the
State of California and the solicitor has all required permits, including,
without limitation, Ventura County Health permits, to sell such items.
N.
No solicitor shall solicit any goods from any motorized vehicle which
does not have insurance as required under state law for operating
the motorized vehicle.
(Ord. 523, 7/17/2024)
A.
Revocation by Director: Previous Grounds for Denial. The director
or his or her designee shall revoke a solicitor permit where the director
determines from the facts that there were grounds for denying the
permit in the manner hereinbefore provided for by this chapter, which
were first disclosed or otherwise made known to the director after
issuance of the permit, and such facts were not discoverable upon
the exercise of due diligence by the director prior to the issuance
of the permit.
B.
Revocation by Director: Violation of Terms and Conditions. The director
may revoke a solicitor permit where the director determines from the
facts that the permittee is in violation of the terms and conditions
of the permit, or where the permittee has violated any applicable
law or regulation; provided, however, that the director shall not
revoke a permit in the manner provided by this subsection unless and
until such director advises the permittee of such violation and provides
a reasonable opportunity to correct same.
C.
Notice of Revocation. Where the director determines to revoke a solicitor
permit, the director shall immediately cause a written notice of such
action to be served on the permittee and shall provide copies of the
notice to the city manager, city attorney and all remaining city officials
charged with carrying out any responsibilities under this chapter.
D.
Hearing on Revocation. The permittee of a solicitor permit may appear
before the director for the purpose of presenting evidence why the
sidewalk vending permit should not be revoked. Upon request by the
permittee, the director will fix a time and place for such hearing,
and provide written notice of the hearing to the permittee. The director
may issue a decision orally at the conclusion of the hearing or take
the matter under submission, and shall also notify the permittee,
the city manager and the city attorney, in writing of the decision.
The director's decision shall be final.
E.
Content of Notices. Any notification of action by the director or his or her designee in subsections B, C or D of this section, whether oral or written, shall describe, with particularity, the facts and the reasons for the decision. Any such written notice may be by a method as agreed by the parties in addition to a written document signed or sent by the director or his or her designee, respectively, to the address shown on the application.
(Ord. 523, 7/17/2024)
A.
Any person denied approval or renewal of a sidewalk vendor permit
under this chapter, assessed a fine for violations of this chapter,
or whose permit has been suspended, revoked or conditioned, may appeal.
Such appeal must be in writing and must be filed with the city manager
or his or her designee not more than 14 days following the mailing
of the notice of denial, suspension, revocation, or conditioning sent
to the applicant to the address listed by the applicant pursuant to
this chapter. The written appeal must contain all reasons and documentary
support why the denial, revocation, suspension, or conditioning should
be overturned. Any successful appeal will result in approval or reinstatement
of an approval and refund of any fines collected by the city.
1.
The city shall not accept an appeal, and no hearing shall be held,
unless the appellant has paid a filing fee, in an amount set by resolution
of the city council, to defray the cost of such appeal. Any appeal
without the timely payment of fees shall be considered to be untimely.
2.
The scope of the appeal hearing pursuant to this section shall be
limited to those issues raised by the appellant in the written appeal,
as submitted pursuant to this section.
B.
City Manager Action.
1.
Upon receipt of a timely filed appeal, the city manager or his or
her designee shall set the matter for hearing which shall be held
not fewer than 10 calendar days, nor more than 30 calendar days from
the date of the appeal request. The hearing may be continued from
time to time upon the mutual consent of the parties.
2.
The appellant shall be provided with notice of the time and place
of the appeal hearing, as well as a copy of all relevant materials
at least seven calendar days prior to the hearing.
3.
At the time of such hearing, the city manager or his or her designee
shall review the records and files relating to the decision.
4.
In conducting the hearing, technical rules relating to evidence and
witnesses shall not apply. Any relevant evidence may be admitted if
it is material and if it is evidence customarily relied upon by responsible
persons in the conduct of their affairs regardless of the existence
of any common law or statutory rule which might make admission of
such evidence improper over objection in civil actions. Hearsay evidence
may be admissible if it is the sort upon which reasonable persons
are accustomed to rely in the conduct of serious affairs. The rules
of privilege shall be applicable to the extent they are permitted
in civil actions. Irrelevant, collateral, and repetitious testimony
shall be excluded.
5.
In the case of denial of an initial permit application the appellant
shall have the burden of proving that he or she meets the requirements
for issuing the permit in the first instance; in the case of the conditioning,
revocation or denial of a permit renewal, the city shall have the
burden in proving that grounds exist for revoking or failing to renew
a permit.
6.
Based upon the evidence presented at the hearing, the city manager
or his or her designee shall determine whether the decision should
be affirmed, modified or reversed.
7.
The city manager or his or her designee's decision shall be communicated
in writing to the appellant within seven calendar days after the close
of the hearing and submission of the matter to the city manager for
decision. The city manager's decision shall state whether the decision
is affirmed, modified or reversed and shall state the reasons therefor.
8.
The decision of the city manager or his or her designee shall include
notice that the decision is final and conclusive, that judicial review
may be sought therefrom pursuant to California Civil Procedure Code
Section 1094.5, and that any action filed in the Superior Court shall
be filed within 90 days following the city manager's notice pursuant
to California Civil Procedure Code Section 1094.6.
(Ord. 523, 7/17/2024)
