Chapter 4.16
PEDDLERS AND SOLICITORS
Sections:
4.16.040 Enforcement officer designated.
4.16.050 Place of registration.
4.16.080 Bond requirements for solicitors.
* Prior code and ordinance history: Alameda County Code §§ 2-66.0, 2-66.1, 2-66.3—2-66.8, 2-68.0—2-68.3 and Ords. 13, 9-91 and 4-99.
4.16.010 Purpose.
The purposes of this chapter are:
A. To regulate individuals entering upon private property, particularly residential property, to engage in the business of peddler or solicitor;
B. To protect the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as peddlers or solicitors, and from criminal activity including fraud and burglary; and
C. To balance the rights and interests of those engaged in commercial activities with the rights and interests of those residents who do not want to be disturbed by such activities. (Ord. 4-07 § 1 (part))
4.16.020 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. “Commercial purposes” means and includes any and all activities excepting activities for charitable purposes, as set forth in Section 4.18.020(A).
B. “Engage in the business” means and includes conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity.
C. “Peddler” means and includes any person who, for commercial purposes, travels by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting food, goods, wares, merchandise, publications, or other personal property or services offering and exposing the same for sale, or making sales and delivering articles to purchasers. The word “peddler” shall include the words “hawker” and “huckster.”
D. “Solicitor” means and includes any person who, for commercial purposes, travels by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise, publications, or other personal property for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he/she collects advance payments on such sales or not. (Ord. 4-07 § 1 (part))
4.16.030 Permit required.
It is unlawful for any person to engage in the business of peddler or solicitor without first obtaining a written permit as provided in this chapter and paying the applicable fees pursuant to this chapter. (Ord. 4-07 § 1 (part))
4.16.040 Enforcement officer designated.
It shall be the duty of the Chief of Police of the city, or his or her designee, to enforce the provisions of this chapter. (Ord. 4-07 § 1 (part))
4.16.050 Place of registration.
The applicant for a permit under this chapter must register and obtain a permit from the Chief of Police. (Ord. 4-07 § 1 (part))
4.16.060 Permit—Application.
A. Applicants for a permit under this chapter must file with the Police Chief at Dublin Police Services a sworn application in writing on a form to be furnished by Dublin Police Services, which shall set forth the following information:
1. Name, birth date, and driver’s license or other state-issued photo identification card of the applicant;
2. Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant;
3. A brief description of the nature of the applicant’s business and of the food, goods, wares, merchandise, publications, or other personal property or services that are the subject of the application;
4. If employed, the name and address of the applicant’s employer together with the credentials establishing the exact relationship between the applicant and the applicant’s employer;
5. The length of time for which the permit is desired;
6. If a vehicle is to be used, a description of the same, together with license number or other means of identification, proof of automobile insurance to the satisfaction of the Chief of Police, and any additional vehicle identification or vehicle safety information that the Chief of Police finds reasonably necessary;
7. Two (2) passport-quality photographs of the applicant, which photographs shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
8. The fingerprints of the applicant;
9. A statement as to whether or not the applicant has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within ten (10) years preceding the application date;
10. A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities authorized by the permit;
11. A statement whether or not the applicant has suffered revocation of any required permit;
12. If the applicant is a minor under the age of sixteen (16) years old and employed, transported or supervised by another, the applicant must provide proof of registration with the State Labor Commission, pursuant to the California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;
13. If the application involves the sale of food, produce, or any other item intended for human consumption, the applicant must provide valid health or other permit(s), issued by the appropriate agency, as required by applicable local, state or federal law;
14. Proof of compliance with Section 4.16.080, if required; and
15. Any additional information as required by the Chief of Police.
B. All applications shall be submitted with payment of a nonrefundable fee established by resolution of the City Council. Any application submitted without the application fee shall be deemed incomplete. (Ord. 4-07 § 1 (part))
4.16.070 Permit issuance.
A. Upon receipt of such application the Chief of Police shall cause such investigation of the application as he or she deems necessary. The Chief of Police shall approve or deny the permit within thirty (30) calendar days of receipt of an application deemed complete by the Chief of Police, or his or her designee.
B. Such permit shall contain the signature of the issuing officer and shall show the name and address of said permit holder, the kind of food, goods, wares, merchandise, publications, or other personal property or services to be sold thereunder, the date of issuance and the length of time the same shall be operative.
C. The permit shall not be effective unless and until the applicant obtains proof of compliance with Chapter 4.04 relating to business registration, including proof of payment of all applicable fees, as applicable.
D. The Chief of Police shall deny any application for a permit if he or she finds any of the following:
1. The applicant has been convicted of a felony or misdemeanor involving injury to person(s) or property, theft, fraud or misrepresentation within ten (10) years preceding the application date.
2. The application for permit under this chapter contains fraud, misrepresentation or false statement.
3. The applicant has violated the provisions of this chapter.
4. The activity as proposed by the applicant would not comply with any provision of this chapter, or any other provision in this code, or any other state or federal law.
E. The Chief of Police shall notify the applicant of a denial of a permit application by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to deny the permit. The notice of denial must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure set forth in Section 4.16.110.
F. If the applicant employs minors to engage in the business of peddler or solicitor, the applicant shall obtain a copy of a pamphlet or other materials which summarize the child labor laws of California prior to the issuance of the permit. (Ord. 4-07 § 1 (part))
4.16.080 Bond requirements for solicitors.
A. Each person who engages in the business of solicitor pursuant to this chapter shall provide a cash deposit or bond to the city, except as provided in subsection D of this section.
B. The cash deposit or bond shall be in the amount as established by resolution of the City Council upon recommendation of the Chief of Police, and executed by the solicitor and a surety company admitted to the surety business of the state. The cash deposit or bond shall name all persons residing in the city as obligees. The cash deposit or bond shall be conditioned upon the delivery of food, goods, wares, merchandise, publications, or other personal property or services, in accordance with any order taken, or the refund of the advance payment on the order.
C. Any resident of the city aggrieved by the conduct or action of a solicitor shall have a right of action on the cash deposit or bond for recovery of the money advanced, or damages, or both, if the food, goods, wares, merchandise, publications, or other personal property or services are not delivered pursuant to the order, which amount shall be released upon order of a court of competent jurisdiction. The cash deposit shall remain on deposit, or the bond shall remain in full force and effect, for a period of ninety (90) calendar days after the expiration of the permit issued under this chapter.
D. The requirements of this section do not apply to persons engaged in interstate commerce. (Ord. 4-07 § 1 (part))
4.16.090 Permit use.
Each peddler and solicitor shall comply with the following:
A. All permits issued under the provisions of this chapter shall expire on the date specified in the permit.
B. Permit holders shall display their permits in a conspicuous place on their person and exhibit such permits upon request.
C. No permit issued under the provisions of this chapter shall be used at any time by any person other than the one for whom it was issued.
D. It is unlawful for any person to engage is the business of peddler or solicitor before 9:00 a.m. or after 8:00 p.m.
E. No person shall engage in the business of peddler or solicitor at any premises which is posted with clearly visible signs prohibiting sales or solicitation, and in the event that the posted sign expressly prohibits one such activity, the sign shall be construed as prohibiting the activities of both sales and solicitation, unless otherwise indicated on the sign.
F. No permit holder shall create any public nuisance or disturb the peace and quiet of the community.
G. Permit holders shall comply with all state and federal laws and all local ordinances. (Ord. 4-07 § 1 (part))
4.16.100 Permit revocation.
A. Permits issued under the provisions of this chapter may be revoked by the Chief of Police at any time for any of the following causes:
1. Subsequent determination of facts or subsequent occurrences that would have required a denial of the permit at the time of application pursuant to Section 4.16.070(C);
2. The applicant engages in fraud, misrepresentation, or false statement in the course of engaging in the business of peddler or solicitor;
3. Any violation of this chapter;
4. Conviction of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation;
5. The applicant engages in the business of peddler or solicitor in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
B. The Chief of Police shall notify the permit holder of a revocation of a permit by depositing written notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to revoke the permit. The notice of revocation must contain a statement of the facts upon which the revocation is based and must contain a statement of the appeal procedure set forth in Section 4.16.110. (Ord. 4-07 § 1 (part))
4.16.110 Appeal procedure.
Any person objecting to the denial or revocation of a permit applied for or held by him or her pursuant this chapter shall have the right to appeal to the City Manager in accordance with Section 1.04.050. (Ord. 4-07 § 1 (part))
4.16.120 Violation—Penalty.
Any violation of the provisions of this chapter shall constitute an infraction and shall be punished as such in accordance with Section 1.04.030. (Ord. 4-07 § 1 (part))