For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Peddler"
shall include any person, whether or not a resident of the City, who goes from house to house, place to place, or street to street for the purpose of, and who engages in the business of, selling, contracting, soliciting to sell, taking orders for, or offering to sell or take orders for goods, wares, merchandise, products, commodities, or articles of value or for services to be performed or furnished, or who makes demonstrations for such purpose.
(a) 
"Peddling" shall also mean and include any person who passes out commercial handbills or similar papers, or who engages in any taking of surveys for commercial purposes, on City sidewalks or streets.
(b) 
"Peddler" shall exclude "sidewalk vendor" as defined in this section.
"Person"
shall include any person, firm, domestic or foreign corporation, association, syndicate, joint stock corporation, joint adventure, partnership of every kind, club, Massachusetts business or common law trust, society, and individual transacting, carrying on, or engaged in any business, as defined under "peddler" above, in the City, whether acting as principal, agent, clerk, factor, employee, servant, or personal representative, either for or on behalf of him or herself or for any other person, firm, association, partnership, joint adventure, corporation, or otherwise.
"Sidewalk vendor"
shall be defined in accordance with subsection (a) of Government Code Section 51036 and shall mean a person who vends food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance or from one's person, upon a public sidewalk or other pedestrian path. Subject to the provisions of Senate Bill 972 (Gonzalez) and the California Retail Food Code, sidewalk vendors are recognized as "compact mobile food operations" (or CMFOs) which means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. For purposes of this article, the term "Sidewalk vendor" shall also refer to CMFOs.
(§ 1.01, Ord. 1396; amended by § 2, Ord. 573-NS, eff. May 1, 1996; § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; Ord. 2025-04, eff. April 16, 2025)
It is unlawful for any person to engage in the business of a peddler and/or sidewalk vendor within the City without first applying for and obtaining a permit from the Director of Finance and, in addition, paying the required license tax to the Director of Finance. The procurement of such permit in the manner provided in this article shall be a condition precedent to the issuance of a license by the Director of Finance. Sidewalk vendors shall obtain permits from the Director of Finance upon completion of an investigation by the Police Chief and Director of Community Development or designees.
(§ 3.01, Ord. 1396; amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999; § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
Applicants for a permit to engage in the business of a peddler and/or sidewalk vendor shall file with the Director of Finance a sworn application in duplicate on a form to be furnished by the Director of Finance which shall contain or be accompanied by the following:
(a) 
A full identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted;
(b) 
The residence and business addresses and telephone numbers of the applicant;
(c) 
The exact nature of the proposed business;
(d) 
If an employee or agent, a full identification of the employer or principal;
(e) 
The location or places of transacting business and place of residence for the past two years;
(f) 
Prior convictions of a crime, misdemeanor, or violation of any law, the nature, place, and date of such offense, and the disposition of the same;
(g) 
A photograph of the applicant who will make the actual contacts incidental to the activity of sidewalk vending, peddling or soliciting, which photograph shall have been taken within 60 days immediately prior to the date of the filing of the application, shall be two inches by two inches in size, and shall show the head and shoulders of the applicant in a clear and distinguishing manner;
(h) 
In the event the proposed activity involves the sale of any food products or substances for human consumption which can be contaminated by handling, a statement by a reputable physician in the County, dated not more than 10 days prior to the submission of the application, certifying the applicant to be free of contagious infections and communicable diseases;
(i) 
A statement as to whether any City or licensing authority has ever refused to issue or to renew or has revoked a license for the conduct of the business for which the permit and license are sought, together with an accurate statement of the reasons therefor;
(j) 
A receipt from the Director of Finance showing a payment in the amount of $10 for the application form to cover the costs of the investigation of the facts to be stated in such application form, except sidewalk vendor applicants shall require a receipt from the Director showing a permit payment in accordance with Section 3-1.1804 herein;
(k) 
Such other information as the Director of Finance may deem reasonably necessary for the protection of the public safety, morals, and general welfare of the community;
(l) 
Fingerprinting, to be performed by the City for the City's standard processing fee. However, fingerprinting shall not be required in connection with an application filed for the purpose of obtaining a permit to distribute handbills and similar papers. Applicants for a permit to distribute handbills and similar papers shall provide the Police Chief with such information he or she deems necessary to conduct an investigation into, among other things, whether the applicant has had any criminal contacts with the Huntington Park Police Department or other law enforcement agencies or has any outstanding warrants or violations with the California Department of Motor Vehicles;
(m) 
The name and address of all businesses for which the applicant intends to act as a peddler, together with written consent from all such businesses that the applicant is authorized to act as a peddler for such businesses. Applicants for a sidewalk vendor permit shall not be required to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise;
(n) 
In addition to the requirements of this section, applicants for a sidewalk vendor permit shall provide the Director of Finance with the following:
(1) 
A valid California Department of Tax and Fee Administration seller's permit to the extent required by law.
(2) 
Additional State licensing from State and local agencies to the extent required by law.
(§ 3.02, Ord. 1396; amended by § 3, Ord. 573-NS, eff. May 1, 1996; § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999; § 1, Ord. 643-NS, eff. Oct. 5, 2000; § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
The application fees for permits to engage in the business of a peddler shall be as set forth in subsection (j) of Section 3-1.1803 of this article. The application fees for permits to engage in the business of a sidewalk vendor shall be established by resolution of the Council; until such time such fee resolution is approved the peddler permit fee shall be applied.
(§ 3.02, Ord. 1396; amended by § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; Ord. 2025-04, eff. April 16, 2025)
The Police Chief shall cause the investigation provided for in this section to be made within a reasonable time. The general standards set forth in this section relative to the qualifications of every applicant for such permit shall be considered and applied by the Police Chief before he or she shall make a determination on the application. The applicant shall be of good moral character, and in this connection, the Police Chief shall ascertain and consider the following:
(a) 
Through the use of fingerprints or other methods of investigation, all penal convictions, the reasons therefor, and the demeanor of the applicant subsequent thereto. However, fingerprinting shall not be used in connection with an application filed for the purpose of obtaining a permit to distribute handbills and similar papers. The Police Chief shall conduct an investigation into any criminal contacts with the Huntington Police Department or other law enforcement agencies by the use of the data bases and information available to the Police Department and by verifying with the California Department of Motor Vehicles whether the applicant has any outstanding warrants or violations;
(b) 
The license history of the applicant and whether such person, in previously operating in the County or another county in the State under a license, has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent thereto;
(c) 
Whether the applicant has made a full disclosure of all the matters required to be set forth in the application;
(d) 
Whether the applicant has been in default in the payment of license taxes or any governmental agency;
(e) 
Such other facts relevant to the general personal history of the applicant as the Police Chief shall find necessary to a fair determination of the eligibility of the applicant; and
(f) 
Whether the granting of the permit will or will not be detrimental to the safety, public morals, or general welfare of the City.
The Director of Community Development shall cause the inspection of pushcarts, stands, displays, pedal-driven carts, wagons, showcases, racks or other nonmotorized conveyances operated by sidewalk vendors. The Director of Community Development shall make a determination in compliance with Chapter 11 of Title 4 of this Code.
(§ 3.03, Ord. 1396; amended by § 2, Ord. 643-NS, eff. Oct. 5, 2000; § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
The findings of the Police Chief and Director of Community Development, after such investigation, shall be endorsed on the application and indicated by the words "granted" or "denied." Said endorsed application shall be provided to the Director of Finance or designee for review and final determination. If the application is denied, the Director of Finance shall give notice of such action to the applicant and the reasons for the denial.
The granting of a permit to a peddler who uses a device, object, or animal, such as a pony used in posing children for photographs, in connection with door-to-door solicitations may be conditioned upon the requirement by the Director of Finance that such peddler furnish to the City a certificate showing comprehensive liability insurance in effect for such sales activities in an amount not less than $5,000, issued by a company and in a form approved by the City Attorney, with the City and its officers and employees named as additional insured.
(§ 3.03, Ord. 1396; amended by § 1, Ord. 237-NS, eff. July 2, 1979; § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999; § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
If the application is granted and filed with the Director of Finance and the license tax paid, the Director of Finance shall issue to the applicant a permit or identification card which shall contain the name, address, photograph, and description of the applicant, the kind of business licensed, the date of issuance and terms of such license, and other pertinent identifying description. If the application is granted, the Director of Finance will issue applicable sidewalk vendors a decal to affix to City approved pushcarts, stands, displays, pedal-driven carts, wagons, showcases, racks or other nonmotorized conveyances.
(§ 4.01, Ord. 1396; amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999; § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
Permit or identification cards issued to peddlers shall be issued for a period of one year or the remaining effective period of the license held or to be held by such person or his or her employer or principal, whichever is the shorter period.
Permit, identification cards and/or decals shall be issued to sidewalk vendors for a period of one year.
(§ 4.01, Ord. 1396; amended by § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
Such permit or identification card shall be worn constantly by the permittee on the front of his or her coat or hat in such a way as to be conspicuous during the time the permittee is engaged in the actual activity of vending as a sidewalk vendor, peddling or soliciting. Sidewalk vendors shall also affix a City issued decal to City approved pushcarts, stands, displays, pedal-driven carts, wagons, showcases, racks or other nonmotorized conveyances.
(§ 4.01, Ord. 1396; amended by § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
Every permit or license issued pursuant to the provisions of this article shall be subject to the right, which is hereby expressly reserved and consented to by the applicant, to revoke such permit or license for any of the causes set forth in this section. Any such permit or license may be summarily revoked by the Director of Finance, for any of the following causes:
(a) 
Any fraud, misrepresentation, or false statement contained in the application;
(b) 
Any violation of the provisions of this article or any laws of the City or any other laws relating to the permitted business;
(c) 
The conviction of the permittee or licensee of any felony or of a misdemeanor involving moral turpitude;
(d) 
The refusal or failure to make available to the Police Chief or Director of Finance, upon demand, any records relating to the licensed or permitted business, which records are deemed necessary for the enforcement of this article;
(e) 
The conducting of the permitted or licensed business in an unlawful manner or in such manner as is inimical to the health, safety, or general welfare of the public;
(f) 
Upon ascertaining that the applicant is not an individual of good moral character; and
(g) 
Any other good and sufficient reason for such revocation.
Sidewalk vendor permittees are exempted from Section 3-1.1810 herein. Revocation of a sidewalk vendor permit shall be in accordance with Section 4-7.2007 of Article 20 of Chapter 7 to Title 4 of this Code.
(§ 3.04, Ord. 1396; amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999; § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
All permits or licenses granted prior to June 18, 1958, shall remain in effect until they are revoked or expired by operation of the time for which they were originally issued. Sidewalk vendor permittees are exempted from Section 3-1.1811 herein.
(§ 8.01, Ord. 1396; amended by § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; Ord. 2025-04, eff. April 16, 2025)
(a) 
Appeals: Filing Fees. Any applicant aggrieved by the action of the Director of Finance in refusing to issue any permit or in summarily revoking any permit or license already issued shall have the right of appeal to the Appeal Board as defined in Section 3-1.134 (Appeal Board) of Article 1 (General Provisions) of this chapter. Such appeal shall be taken by filing with the City Clerk, within 10 days after the notice of such action, a verified written statement in triplicate, setting forth fully the grounds of appeal. The appeal filing fee shall be established by resolution of the Council. If no such appeal is filed, the action of the Director of Finance shall be final.
(b) 
Hearings: Notices. The Appeal Board shall set a time and place for the hearing, and a notice of such hearing on an appeal or review shall be given at least five days prior to the date of the hearing. The applicant or licensee and his or her attorney may present and submit evidence at such hearing. The decision and order of the Appeal Board at or after such hearing shall be final and conclusive.
(c) 
Appeals of the revocation of sidewalk vendor permits shall be in accordance with Section 4-7.2008 of Article 20 of Chapter 7 to Title 4 of this Code.
(§ 3.5, Ord. 1396; amended by § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
All notices issued or given in compliance with the provisions of this article shall be in writing and mailed, postage prepaid, to the person affected or entitled thereto to the address specified for such purpose in the application for a general permit. The deposit of such notice in the United States mail shall constitute legal service thereof on the date of such deposit.
(§ 5.01, Ord. 1396; amended Ord. 2025-04, eff. April 16, 2025)
It is unlawful for any peddler or any person pretending to be a peddler, for the purpose of peddling or soliciting or pretending to peddle or solicit, to ring the bell or knock at, on, or in any building, or entrance thereto, whereon there is painted, affixed, or otherwise displayed to the public view any visible sign containing any or all of the words "No Peddlers Permitted," "No Solicitors Permitted," "No Agents Permitted," or words which otherwise purport to prohibit or indicate the objection of the occupant to peddling or soliciting on the premises, and it is unlawful for any such peddler to attempt to gain admittance to such premises. Said prohibition shall apply to sidewalk vendors.
(§ 6.01, Ord. 1396; amended by § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; Ord. 2025-04, eff. April 16, 2025)
It is unlawful for any person to engage in the business of a peddler and/or sidewalk vendor within the City without first obtaining a permit so to do as provided in this article and without first obtaining a license, if any is required, and thereafter exhibiting such permit or identification card, or without complying with the requirements and provisions of this article.
(§ 6.01, Ord. 1396; amended by § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; Ord. 2025-04, eff. April 16, 2025)
The provisions of this article shall not apply to the following persons and activities:
(a) 
Any person distributing milk, food products, or other commodities from house to house where a license has been issued for an established route;
(b) 
The delivery of goods, wares, merchandise, products, provisions, or anything of value, the rendering of services, or the taking of orders of the solicitation therefor by a person engaged in such business at a fixed place of business in the City; provided, however, this exemption shall not relieve any person from complying with the provisions of this article if they are a sidewalk vendor, as defined in Section 4-11.01 of this Code, or merely by reason of associating temporarily with any local dealer, trader, or merchant or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, or merchant;
(c) 
Any person entering in or upon any property for the purpose of obtaining satisfaction of a lawful obligation theretofore incurred by the occupant thereof;
(d) 
Commercial agents or salesmen for wholesale houses or firms selling goods, wares, or merchandise or any commodity or service to, or soliciting orders therefor from, retail or wholesale dealers, from manufacturers, or to contractors. This exemption shall not relieve any person from complying with the provisions of this article if they are a sidewalk vendor, as defined in Section 4-11.01 of this Code;
(e) 
Peddling newspapers or religious publications or soliciting subscriptions therefor;
(f) 
Any person, if a natural person, soliciting for personal services to be performed by the person so soliciting;
(g) 
Any person selling tickets of admission to entertainments, lectures, or events to be held for religious, charitable, or educational purposes;
(h) 
Blind person whose blindness has been certified by the Bureau of Vocational Rehabilitation for the Department of Education of the State and who has filed a certificate as to such blindness with the Director of Finance; and
(i) 
Any other person who files with the Director of Finance an affidavit which clearly establishes his or her exemption from the provisions of this article.
(§ 1.02, Ord. 1396; amended by § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)
Any person violating any of the provisions of this article, in addition to the revocation of his or her permit or license, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. Violations of provisions of this article by a sidewalk vendor or CMFOs, as defined in Section 4-11.01 of this Code, shall not be punishable as an infraction or misdemeanor, and the sidewalk vendor alleged to violate provisions of this article shall not be subject to arrest except when permitted under law.
(§ 7.01, Ord. 1396; amended by § 3, Ord. 2018-970, eff. December 4, 2018; § 3, Ord. 2018-971, eff. December 18, 2018; § 3, Ord. 2019-973, eff. February 5, 2019; Ord. 2025-04, eff. April 16, 2025)