The purpose of this chapter is to protect against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy, avoid traffic congestion and accidents, and to otherwise preserve the public health, safety and welfare by regulating and controlling door-to-door and place-to-place solicitors and peddlers.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006)
The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
(a) 
"Approved location"
means a site designated by the Chief of Police as an approved site from which a peddler, operating from a mobile unit, may sell his or her products.
(b) 
"Business"
means and includes any type of product, good, service, performance or activity which is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods or any other form of consideration.
(c) 
"Charitable"
means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported.
(d) 
"Chief of Police"
means the elected Chief of the Santa Clara Police Department, or his/her duly authorized agents and representatives.
(e) 
"Contributions"
means and includes the words alms, money, subscription, property or any donations under the guise of a loan or money or property.
(f) 
"Employee"
means any person who works for or on behalf of the business operator.
(g) 
"Employment"
shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written or oral, express or implied.
(h) 
"Mobile unit"
means any vehicle, truck, trailer, push cart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.
(i) 
"Motor vehicle"
means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.
(j) 
"Peddler"
means any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, or thing in the possession of the seller, at any place in the City other than at a fixed place of business.
(k) 
"Peddling"
means traveling by foot, motor vehicle, mobile unit or any other type of vehicle, from place to place, and selling or vending any goods, wares, merchandise, products, or any other thing on any private property, or on any street, sidewalk, right-of-way, park or other public place. Peddling also means selling or vending any goods, wares, merchandise, products or any other thing from an approved location on any private property or on any street, sidewalk, right-of-way, park or other place.
(l) 
"Peddling activities"
means the business of peddling; or the business of supplying, providing, or selling goods, wares, merchandise, products, or any other thing on consignment to be peddled by another person; or the business of supplying, providing, or renting mobile units or motor vehicles for use by another person in peddling.
(m) 
"Permittee"
means the holder of a business permit.
(n) 
"Person"
means a natural person or any firm, corporation, association, club, society or other organization.
(o) 
"Solicit"
means and includes any request, offer, enticement, or action which announces the availability of a person for employment or availability to provide services for compensation, the sale of goods, or a request for money or other property; or any request, offer, enticement or action which seeks to purchase or secure employment or goods, or to solicit a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place.
(p) 
"Solicitor"
means any person who goes from place to place in the City, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offers property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes from place to place to request contribution of funds or anything of value, or sell goods or services for political, charitable, religious, or other noncommercial purposes.
(q) 
"Solicitation"
includes all activities ordinarily performed by a solicitor. A solicitation is deemed complete when made, whether or not an employment relationship is created, a transaction completed, or an exchange of money or other property takes place.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-1)
It shall be unlawful for any person to engage in solicitation or peddling activities within the City without first obtaining a permit issued by the Chief of Police; provided, however, that the following are exempt from the provisions of this section:
(a) 
Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made.
(b) 
Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation.
(c) 
Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person.
(d) 
Employees for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies.
(e) 
Newspaper employees delivering newspapers by subscription.
(f) 
Any City-run or City-sponsored or sanctioned program.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-2)
Any person who supplies independent contractors or employees with goods, merchandise or wares to be sold by means of soliciting or peddling within the city shall make known in writing, to said person, the requirements of this chapter.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-3)
Every person or business intending to engage in the business of soliciting or peddling shall file an application for a permit with the Chief of Police. The application shall be signed under penalty of perjury and contain the following information:
(a) 
Name, physical description, residential address and telephone number of the applicant.
(b) 
The date of birth and driver's license or other identification number of the applicant.
(c) 
The type of goods, merchandise, wares or services offered for sale.
(d) 
The method of solicitation, order taking or peddling.
(e) 
The name, address and telephone number of the company, sponsor or individual for which the orders are to be secured.
(f) 
The method of delivering the order.
(g) 
The hours of the peddling or solicitation.
(h) 
A statement as to whether or not the applicant has been convicted of any criminal offense, other than minor traffic violations. For any such offense, the nature of the offense, the date and place of conviction and the penalty imposed must be provided.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-4)
In addition to the information required in SCCC § 5.05.040, at the time of filing an applicant shall be fingerprinted with a record of such filed in the Police Department bureau of identification. The Chief of Police shall cause an investigation to be made of the statements in the application and of the background of the applicant.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-5)
At the time the application is filed with the Department, the applicant shall pay a fee to cover the cost to the City of investigating the facts stated therein and processing and providing the identification card required in SCCC § 5.05.080. The fee shall be established by resolution of the City Council and shall apply to each individual solicitor or peddler.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-6)
(a) 
Upon receipt of an application, the Chief of Police, or designee, shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
(b) 
Within a reasonable time after receipt of the application, the Chief of Police shall endorse his/her approval on the application if the Chief determines that there is no ground for denial of the permit, as set forth in SCCC § 5.05.090. Applicant shall be directed to pay a business tax as required in SCCC § 5.05.130.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 5.05.080 (prior code § 7-8))
Upon approval of permit application by the Chief of Police, the solicitor or peddler will be issued an identification card with photograph. Such identification issued shall be kept in the applicant's immediate possession at all times when engaged in the business of soliciting or peddling. Such individual shall present the identification card for examination upon demand by a City official enforcing the provisions of this Code.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 5.05.070 (prior code § 7-7))
(a) 
Upon the Chief of Police's review of the application, the Chief of Police may refuse to issue a permit to the applicant under this chapter for any of the following reasons:
(1) 
The investigation reveals that the applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application;
(2) 
The applicant has been convicted of a misdemeanor/felony involving a sex offense, trafficking in controlled substances, kidnapping, or any violent acts against persons and/or children;
(3) 
The applicant has been convicted of a misdemeanor/felony involving an offense against private property interests, such conviction being entered within the five years preceding the date of application. Such property offenses include, but are not limited to, larceny, false pretense, fraud, grand theft and embezzlement;
(4) 
The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Chief of Police that the reasons for such earlier denial no longer exist;
(5) 
The applicant has failed to pay the application fee.
(b) 
The Chief of Police's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his/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.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-9)
The decision of the Chief of Police to deny, revoke or suspend a permit may be appealed under the procedures set forth in Chapter 2.115 SCCC.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Ord. 2007 § 4, 11-19-2019; Formerly § 7-10)
The expiration of all permits issued under the provisions of this article shall coincide with the business tax certificate, unless an earlier expiration date is noted on the permit.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-11)
It shall be unlawful for any person other than the permittee to use or wear any permit or badge issued under the provisions of this chapter.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-12)
Each and every person or persons engaged in the business of soliciting or peddling shall be subject to business tax as stated in SCCC § 3.40.330. The business tax certificate shall be issued if the Director of Finance finds:
(a) 
Approval to solicit or peddle has been granted by the Chief of Police; and
(b) 
The required tax therefor has been paid to the Director of Finance.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-13)
Any solicitor or peddler who claims to be entitled to an exemption from the payment of any tax provided for under SCCC § 3.40.120 shall inform the Chief of Police and provide him with information as to the individuals who will solicit and when the solicitation will be performed.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 7-14)
Any person maintaining a fixed place of business in the City; provided, that a tax is specifically required under Chapter 3.40 SCCC, shall not be required to pay any additional tax under the provisions of this chapter but shall be required to obtain the necessary peddler's or solicitor's permit and photo identification pursuant to SCCC § 5.05.080 for each employee so engaged according to the provisions of this chapter.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 5.05.160 (prior code § 7-16))
Every person not previously mentioned in this chapter and not maintaining a fixed place of business in the City but who regularly renders personal or other services or products either by appointment, calls, referral or otherwise from place to place or in the City shall be classified as a peddler and subject to the peddler provisions of this chapter.
(Ord. 1718 § 2, 10-27-1998; Ord. 1811 § 1, 10-10-2006; Formerly § 5.05.170 (prior code § 7-17))
Each permit issued by the Chief of Police pursuant to this chapter shall be subject to the terms and conditions set forth in this chapter, as well as any other conditions specifically set forth in the permit. The provisions of this chapter shall constitute operating regulations. It shall be unlawful for any person to engage in solicitation or peddling in violation of these provisions.
(a) 
All motor and mobile units operated by the permittee shall be inspected and certified by the Santa Clara County Health Department annually. (Per Health and Safety Code Section 113700.)
(b) 
All motor and mobile units operated by the permittee must have a current Health Department certificate, a current Department of Motor Vehicle registration sticker (if needed) and current vehicle insurance.
(c) 
All solicitation and peddling upon any private place, or any street, sidewalk, right-of-way, park or other public place in the City shall not occur between one-half hour after sunset and 10:00 A.M. of the following day, except this provision shall not apply to the sale of food items by licensed catering vehicles to employees of industrial establishments at or adjacent to such establishments, or to workers or employees at any construction job site.
(d) 
Each person who is engaged in solicitation or peddling shall, at all times while so engaged, wear in plain sight on his or her person an identification (ID) card, provided by the Chief of Police, containing such information, including a suitable photograph, as the Chief of Police may determine appropriate.
(e) 
Every peddler, upon the request of any public safety officer or official of the City, shall sign the peddler's name for comparison with the signature upon the license or card or the signature upon the license application.
(f) 
Every peddler who solicits orders for future delivery shall, if requested by the customer, provide a receipt plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery.
(g) 
Every peddler shall, if requested by the customer, provide his/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. 1811 § 1, 10-10-2006)
(a) 
No solicitor or peddler shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device for the production of sound between one-half hour after sunset and 10:00 A.M. of the following day.
(b) 
No solicitor or peddler shall use, play or cause to be used or played an amplifier, loudspeaker, or any other instrument or device for the production of sound in such a manner as to create a disturbance of the peace.
(c) 
No motor vehicle-based solicitor or peddler or mobile peddler shall use, play or employ any amplifier, loudspeaker, or any other instrument or device for the production of sound when the motor vehicle or mobile unit from which the solicitor or peddler is operating is stationary upon any private place, or any street, sidewalk, right-of-way, park or other public place.
(Ord. 1811 § 1, 10-10-2006)
It is unlawful for any solicitor or peddler, whether licensed or unlicensed, to perform or attempt to perform the acts described in this chapter by ringing the doorbell or knocking at the door or otherwise calling attention to the person's presence of or at any residence whereon a sign bearing the words "No Solicitors," "No Peddlers" or words of similar import is painted or affixed so as to be exposed to public view, and no solicitor or peddler shall perform or attempt to perform any of the acts described in any building, structure or place of business whereon or wherein a sign bearing the words "No Solicitors," "No Peddlers" or words of similar import is painted or affixed so as to be exposed to public view.
(Ord. 1811 § 1, 10-10-2006)