Chapter 6.09
PEDDLERS AND SOLICITORS
Sections:
6.09.020 Permit – Application.
6.09.030 Permit – Application fee.
6.09.040 Procedures for permit issuance.
6.09.090 Revocation of permit.
6.09.110 Duty to carry and exhibit permit.
6.09.130 Compliance with other laws.
6.09.010 Permit required.
It shall be unlawful for any person to engage in the business of peddler or solicitor within the City limits without first obtaining a business license and a peddler’s permit therefor. The issuance of a peddler’s permit is a prerequisite to the issuance of a business license. [Ord. 12-004.]
6.09.020 Permit – Application.
Any person applying for a peddler’s permit under this chapter must file with the Police Chief a sworn statement, on a form provided by the City Clerk, and pay an application fee in an amount set from time to time by resolution of the City Council. The application shall contain or be accompanied by the following:
A. Name, description, copy of a current California driver’s license (if not a licensed driver, copy of an identification card issued by the Department of Motor Vehicles);
B. The residence and business addresses and telephone numbers of the applicant;
C. The exact nature of the proposed business, including a brief description of the goods, wares, merchandise and services to be sold or furnished;
D. If an employee or agent, a full identification of the employer or principal;
E. The length of time for which the right to do business is desired;
F. Location or places of transacting business and residence for the past two (2) years;
G. If a vehicle is to be used, a description of same together with vehicle ID number and license plate number;
H. Fingerprints of the applicant, taken by any local law enforcement agency;
I. One (1) photograph of the applicant, taken within the last six (6) months prior to applying for the permit, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
J. Prior convictions of a crime, felony, or misdemeanor, or violation of any ordinance, the nature, place and date of such offense and disposition of same;
K. 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 ten (10) days prior to submission of the application, certifying the applicant to be free of contagious, infectious, or communicable disease. [Ord. 12-004.]
6.09.030 Permit – Application fee.
The application shall be accompanied by a permit processing fee in an amount as set, from time to time, by resolution of the City Council. This fee shall not apply to an applicant who offers satisfactory proof of solicitation or sales on behalf of a bona fide nonprofit organization, or other exemption provided by the Constitution or statutes of the United States or of the State of California. [Ord. 12-004.]
6.09.040 Procedures for permit issuance.
Prior to the issuance of a permit pursuant to this chapter, the applicant shall be required to submit the following:
A. Application for a City of Dixon business license;
B. A bond, if required by DMC 6.09.050;
C. Evidence of public liability insurance, in an amount not less than one million dollars ($1,000,000.00), covering injury or property damage caused by the operation of the business. [Ord. 12-004.]
6.09.050 Bond requirements.
Each person who engages in the business of peddling or soliciting under this chapter and who demands, accepts or receives payment or deposit of money in advance of delivery of the goods, merchandise, magazines, papers, periodicals or services shall first file a cash deposit or bond with the City Finance Department. The bond shall be in the amount of five thousand dollars ($5,000.00) and executed by the peddler/solicitor and a surety company admitted to the surety business of this State. The bond shall be conditioned upon the delivery of the ordered goods, merchandise, papers, periodicals or services in accordance with the order, or the refund of the advance payment on the order. The bond shall name all persons residing in the City as obligees. Any resident person aggrieved by the action of a peddler/solicitor shall have a right of action on the bond or cash deposit for recovery of the money advanced, or damages, or both. The bond shall remain in full force and effect, and in case of a cash deposit shall remain on deposit with the City, for a period of ninety (90) days after the expiration of the permit issued under this chapter. [Ord. 12-004.]
6.09.060 Permit period.
The permit may be issued for such period as the applicant requests, but in no event longer than the end of the calendar year of issuance. [Ord. 12-004.]
6.09.070 Permit denial.
The Collector, or his designee, may deny issuance of a permit if it is found that the applicant has been convicted of a crime of moral turpitude within seven (7) years of the date of application, or that the applicant has made any false statements on the application form. [Ord. 12-004.]
6.09.080 Conditions.
Any permit issued to a peddler or solicitor may be conditional, as to the following:
A. Location, to prevent interference with traffic, pedestrian or whichever, or ingress or egress to any business or residence;
B. Hours of operation;
C. Removal of trash;
D. Vehicle parking;
E. Noise. [Ord. 12-004.]
6.09.090 Revocation of permit.
Every permit issued under this chapter is subject to the right, which is hereby expressly reserved and consented to by applicant, to revoke the same for any of the causes hereinafter mentioned, but not limited thereto:
A. Any fraud, misrepresentation or false statement contained in the application;
B. Any violation of this chapter or any ordinance of the City or any other laws relating to the permitted business;
C. Conviction of the permittee of a felony or of a misdemeanor involving moral turpitude;
D. Refusal or failure to make available to the Collector, upon demand, any records relating to the permitted business which are deemed necessary for the enforcement of this chapter;
E. Conducting the business permitted under this chapter in any unlawful manner or in such manner as is injurious to the health, safety or general welfare of the public;
F. Upon ascertaining that the applicant is not an individual of good moral character. [Ord. 12-004.]
6.09.100 Appeals.
Any person whose application for such a permit has been denied or whose permit has been suspended or revoked by the Police Chief shall have the right to appeal to the City Council pursuant to DMC 6.02.140. [Ord. 12-004.]
6.09.110 Duty to carry and exhibit permit.
The business license and permit issued to the peddler/solicitor shall be carried with the person while he or she is engaged in the business of peddling/soliciting and he or she shall display same upon demand. Licenses and permits shall be used only by the person to whom they were issued and may not be transferred to any other person. [Ord. 12-004.]
6.09.120 Prohibited acts.
A. It is unlawful for any person to peddle or solicit before the hour of 9:00 a.m. of any day or after the hour of 5:00 p.m. of any day.
B. It is unlawful for any person to peddle or solicit, or attempt to peddle or solicit, at any residential premises where the occupant has 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 propose to prohibit or indicate objection of the occupant to peddling or soliciting on the premises. [Ord. 12-004.]
6.09.130 Compliance with other laws.
Nothing in this chapter shall relieve a person from compliance with any other municipal, State or Federal laws, rules or regulations including, but not limited to, regulations respecting health permits, traffic or safety rules or regulations. [Ord. 12-004.]
6.09.140 Nontransferable.
No permit issued pursuant to this chapter may be transferred by contract, operation of law, or otherwise. Any such attempted transfer shall be grounds for revocation of the permit. [Ord. 12-004.]