In this Chapter, the singular includes the plural, and the masculine gender includes the feminine gender.
(a) 
"Peddler"
means any hawker, vendor or other person who goes from house to house, or place to place, or in or along the streets within the City, selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise or anything of value, in possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities. A "peddler" does not include anyone defined in Section 6-3.01 of this Title.
(b) 
"Solicitor"
means any agent or other person who travels from place to place, or house to house, and solicits or takes orders for or makes demonstrations of any goods, wares, merchandise or things or articles of value, or advertising, or for services to be performed in the future, or for subscriptions to periodicals, or tickets of admission to entertainments or memberships in any clubs. "Solicitor" does not include anyone defined in Section 6-3.01 of this Title.
(c) 
"City"
means the City of Hercules.
(d) 
"Chief of Police"
means the Director of Public Safety Services of the City of Hercules, or his designee.
(e) 
"Finance Director"
means the Finance Director of the City of Hercules, or his designee.
(Ord. 202 § 1 (part), 1985)
It is unlawful for any person to engage in the business of peddler or solicitor within the City, or to go from door to door or house to house, or street to street within the City, for the purpose, direct or indirect, and whether or not the same is the sole purpose of peddling or soliciting, without first obtaining a valid permit as provided for in this Chapter.
(Ord. 202 § 1 (part), 1985)
Every person who desires to peddle or solicit within the City shall deliver to the Finance Director a sworn permit application which shall set forth the following information:
(1) 
The name, permanent home address, full local address, telephone number, date of birth, driver license number and state thereof, or Department of Motor Vehicles I.D. number;
(2) 
A description of the exact nature of the business and the goods to be sold;
(3) 
If employed, the name and address of the employer, and the name and telephone number of an individual at the employer with authority to verify the employment relationship;
(4) 
The inclusive dates and times during which the applicant will be peddling or soliciting;
(5) 
The locations within the City in which the applicant will be peddling or soliciting;
(6) 
The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery; and
(7) 
A statement as to whether or not the applicant has been convicted of any crime, felony, misdemeanor or violation of any Federal or State law or municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor.
(Ord. 202 § 1 (part), 1985)
Upon receipt of an application for a permit, the Finance Director shall have the Chief of Police make an investigation of the applicant and the applicant's business. If the Chief of Police finds that the applicant or his employer have been convicted of any violation of law involving moral turpitude, fraud or any felony or is currently wanted for any violation of law involving moral turpitude, fraud or any felony, the permit shall not be issued.
(Ord. 202 § 1 (part), 1985)
A registration fee of Twenty Dollars ($20) for each solicitor or peddler shall be paid to the Finance Director to cover the cost of administering and investigating the permit application prior to issuance of a permit. When the applicant is acting as employee or agent of another, the fee may be paid by either principal or agent. The permit fee shall be in addition to any business license required under Chapter 5.04 of this Code.
(Ord. 202 § 1 (part), 1985)
A permit shall be valid for the inclusive dates of the soliciting or peddling, but not to exceed a period of six (6) months, and in no event shall extend beyond the term of any business license required under Chapter 6 of Title 8 of this Code.
(Ord. 202 § 1 (part), 1985)
If at any time during the term of the permit there is a change in any of the information provided on the permit application form the permit holder shall immediately notify the Finance Director of such change.
(Ord. 202 § 1 (part), 1985)
Unless denied in accordance with Section 6-2.13 of this Chapter, a permit shall be issued within fifteen (15) working days following submission of the permit application and upon payment of the permit or renewal fee. Such permit shall contain the signature of the Finance Director, the name and address of the permittee, and kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative.
(Ord. 202 § 1 (part), 1985)
Permits issued pursuant to this Chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.
(Ord. 202 § 1 (part), 1985)
The permit shall be in the possession of each peddler or solicitor at all times while peddling or soliciting. The peddler or solicitor shall exhibit the permit upon the request of any person to whom he is peddling or soliciting, or upon the demand of any police officer of the Hercules Department of Public Safety Services.
(Ord. 202 § 1 (part), 1985)
It shall be unlawful for any person to solicit or peddle by ringing a bell, knocking on a door 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, to wit: "No Peddlers," "No Solicitors," or "No Agents," or which otherwise purport to prohibit solicitation and/ or peddling on the premises.
(Ord. 202 § 1 (part), 1985)
Peddling and soliciting shall be limited to the hours between 9:00 a.m. and 9:00 p.m. Soliciting or peddling at any other time is prohibited.
(Ord. 202 § 1 (part), 1985)
A permit may be denied for any of one of the following reasons:
(1) 
No verification that the applicant is authorized to solicit or peddle on behalf of his employer;
(2) 
The applicant or his employer has been convicted or is wanted for a crime involving moral turpitude, fraud or any felony;
(3) 
Information provided on the application appears to be false; or
(4) 
The Chief of Police recommends, pursuant to Section 6-2.04 of this Chapter that the permit be denied.
A statement setting forth the basis of denial shall accompany any denial of the permit, and be provided to the applicant.
(Ord. 202 § 1 (part), 1985)
A permit may be revoked for any of the following reasons:
(1) 
Fraud, misrepresentation or any false statement made in furnishing the information required by Section 6-2.03 of this Chapter;
(2) 
Any violation of the provisions of this Chapter;
(3) 
Conviction of the permit holder of any felony or crime involving moral turpitude;
(4) 
Conducting, soliciting or peddling in any unlawful manner, or in such a manner as to constitute a breach of the peace, or to be a menace to the health, safety or general welfare of the people of the City.
(Ord. 202 § 1 (part), 1985)
(a) 
Appeal of a denial of an application or revocation of a permit may be made in writing to the City Council by the applicant, permit holder, or entity for whom he is acting, within ten (10) days of notification of denial or revocation.
(b) 
Appeal shall be placed on the next available Council agenda, and notice of such time and place shall be given by the City Clerk at least ten (10) days prior to the date set for hearing by mailing a notice thereof to the person appealing, at such person's last known address.
(Ord. 202 § 1 (part), 1985)
Violation of any of the provisions of this Chapter, or the knowing of intentional misrepresentation to any officer or employee of the City of any material fact in procuring a permit in this Chapter, shall constitute a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a person violates any provision of this Chapter shall constitute a separate offense.
(Ord. 202 § 1 (part), 1985)