Chapter 4.04
SOLICITATION LICENSES AND PERMITS
Sections:
4.04.010 Solicitation license and solicitor permit required.
4.04.020 Statement of exemption.
4.04.025 Solicitation license application.
4.04.030 Solicitation license issuance.
4.04.035 Conditions on solicitation license and permit.
4.04.055 Suspension or revocation.
4.04.000 Purposes.
The City Council finds that door-to-door solicitation, including appointments arranged through cold calling residents of the City, historically have generated complaints regarding the sale of goods, services, securities, investments, and other products. With unfortunate frequency, many solicitation schemes prey upon the elderly and infirm of the community. Without the requirement that such solicitors obtain a permit from the City, residents are exposed to higher risk of unfair sales and business practices by businesses and organizations with no physical presence in the City and therefore less accountability for their business practices. For these reasons, the City Council licensing of such businesses and their solicitor agents is required to protect the public, safety, and welfare. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.010 Solicitation license and solicitor permit required.
It is unlawful for any person or entity to engage in, conduct or carry on any business, exhibition, occupation or service that is based upon solicitation activities as defined in EGMC Section 4.02.021, without first having, upon written application, procured a solicitation license from the Chief of Police.
It is unlawful, a public nuisance, and a misdemeanor punishable by not more than six (6) months in jail and/or a One Thousand and no/100ths ($1,000.00) Dollar fine for any person employed or working on behalf of a business engaged in a solicitation business to engage in the solicitation activities as defined in EGMC Section 4.02.021 or violate any section of this code without first having, upon written application, procured a solicitor permit from the Chief of Police. [Ord. 12-2013 §1, eff. 9-27-2013; Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.015 Exemptions.
This chapter does not apply to:
A. Girl Scouts, Camp Fire Girls, Boy Scouts, Little League members and members of similar organizations when soliciting on behalf of such organizations;
B. Persons who represent a fixed place of business in the City who regularly make deliveries, normally not involving personal contact with customers for the purpose of making sales or obtaining orders, over an established route and who only occasionally make calls on persons residing within the area covered by such route for the purpose of obtaining additional customers for such regular deliveries. The foregoing provisions are intended to cover only such persons as milk delivery persons, newspaper delivery persons and other persons engaged in substantially similar activities;
C. Persons soliciting charitable contributions on behalf of any nonprofit corporation or nonprofit voluntary unincorporated association organized for charitable purposes;
D. Persons who go from private residence to private residence for political purposes or for the purpose of influencing legislation. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.020 Statement of exemption.
A. Every person claiming to be entitled to exemption from the payment of any license fee or from any other requirement provided for in this chapter upon the ground that such license casts a burden upon his or her right to engage in commerce with foreign nations or among the several states, or conflicts with the laws of the United States respecting interstate commerce, shall file a verified statement with the Chief of Police, disclosing the interstate or other character of his or her business entitling such exemption. The statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or State manager, if any, and his or her address, the kinds of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the State, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit. The affidavit may be filed by a firm on behalf of one (1) or more employees or representatives of the firm who are subject to the requirements of this chapter.
B. If the Chief of Police determines that a license fee is not applicable with respect to any person because of interstate commerce requirements, a license fee shall not be required and the person may be issued an exempt license. Such license shall be valid only for the purpose of authorizing solicitation of orders to be filled directly from another state. Any person who is eligible for a license pursuant to this section shall be subject to all applicable provisions of this chapter. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.025 Solicitation license application.
A person may apply for a solicitation license by filing an application with the Finance Director and paying the required fees. The Finance Director shall forward the application for the solicitation license to the Chief of Police for investigation in the same manner as provided for a special business license under EGMC Section 4.10.035. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.030 Solicitation license issuance.
The Finance Director shall issue a solicitation license unless:
A. The Finance Director finds in writing that the application is not complete despite requests for supplemental information;
B. The Finance Director finds in writing that the application or any supplementary material contains false information;
C. The Chief of Police finds in writing that any of the following persons has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code, or has done any act involving dishonesty, fraud or deceit with intent to substantially injure another, and the Chief of Police concludes that by reason of the crime or act there is a substantial risk that the applicant would not conduct the enterprise in a law-abiding manner or in a manner which does not subject patrons of the enterprise to risk of harm or criminal, deceitful or otherwise unethical practices:
1. A general or limited partner of a partnership which possesses an ownership interest in the enterprise;
2. A joint venturer in a joint venture which possesses an ownership interest in the enterprise and if one (1) or more of the joint venturers is a partnership or corporation, those partners, directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the sole owner of the enterprise;
3. A sole proprietor when the enterprise is a sole proprietorship;
4. An owner of more than one-half of one (0.5%) percent of the voting shares of stock when a commercial corporation possesses an ownership in the enterprise;
5. A director, when either a commercial or nonprofit corporation possesses an ownership in the enterprise;
6. A member of a management committee when a partnership or joint venture possesses an ownership interest in the enterprise;
7. A member of a governing body or other board or committee to which management is entrusted, when an unincorporated association possesses an ownership interest in the enterprise; or
8. A president, general manager, vice president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm possessing an ownership interest in the enterprise.
Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01, et seq., of the California Penal Code, or that the person has been convicted of a misdemeanor, if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 4852.01, et seq., of the California Penal Code.
D. The Chief of Police finds in writing that when the applicant or enterprise is a “contractor,” as that term “contractor” is defined in Division 3, Chapter 9, Article 2, Section 7026, et seq., of the Business and Professions Code, the applicant has failed to provide sufficient proof, as determined by the Chief of Police, that the applicant is licensed to engage in the business as a contractor by the State of California Contractors State License Board, and that the license is presently valid, effective, not suspended, and in good standing. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.035 Conditions on solicitation license and permit.
Every solicitation license issued by the Finance Director shall include the following conditions:
A. Between November 1st and February 28th (February 29th in a leap year) of any given year, solicitation activities shall only be conducted between the hours 9:00 a.m. to 6:00 p.m. daily, except on Sundays when the earliest start time shall be 10:00 a.m. Between March 1st and October 31st of any given year, solicitation activities shall only be conducted between 9:00 a.m. and 7:00 p.m., except on Sundays when the earliest start time shall be 10:00 a.m.;
B. Every solicitor shall display on his or her person the City-issued solicitor permit at all times when conducting solicitation activities and shall produce such permit to any law enforcement officer upon demand;
C. Any other condition reasonably related to protection of the public interest in solicitation activities; and
D. No solicitor shall knowingly contact or attempt to make contact with a resident or occupant of a residence for the purpose of solicitation if the residence is displaying a sign refusing solicitors and/or solicitation in one (1'') inch or larger letters, and the solicitor saw or was aware of, or reasonably should have seen or been aware of, the sign refusing solicitors and/or solicitation. [Ord. 12-2013 §2, eff. 9-27-2013; Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.040 Solicitors.
The employees, agents, solicitors or representatives of any firm, irrespective of the form of organization, may be covered under a single license obtained by and issued in the name of the firm as long as each such person holds a valid solicitor permit issued pursuant to EGMC Section 4.04.045. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.045 Solicitor permit.
A. It is unlawful for any solicitor to conduct solicitation activities within the City without having first obtained a solicitor permit pursuant to this section.
For the purposes of this section, the word “solicitor” includes all employees, agents, solicitors or representatives of any firm, irrespective of the form of organization, subject to the solicitation license requirement of this chapter.
B. A solicitor may file a written application for a solicitor’s permit with the Finance Director, giving the name and address of the applicant, the firm or organization which he represents, a description of the purpose for which the applicant proposes to conduct solicitation activities and such other information the Finance Director and Chief of Police may require.
C. On the face of each permit, there shall be placed each of the following:
1. The solicitor’s permit number;
2. The solicitor permit holder’s name and address;
3. The name and address of the firm or organization which the holder represents;
4. A physical description of the holder or a photo ID;
5. The expiration date of the permit.
D. While engaged in solicitation activities, the solicitor’s permit shall be displayed on the person of the solicitor at all times while engaged in soliciting activities. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.050 Renewal.
Not later than forty-five (45) days prior to expiration of the term of a solicitation license or a solicitor’s permit, the Finance Director shall transmit to the licensee or permit holder by mail an application for renewal. The application for renewal shall be on such a form, and include such information, as prescribed and required by the Finance Director.
The application for renewal shall be filed with the Finance Director not later than the date of expiration of the immediately preceding license. The Finance Director may provide an option for businesses to renew and pay license and permit fees on the City’s website in a manner consistent with the process specified herein for paper-based transactions. As a condition of processing a solicitation license or solicitor’s permit renewal electronically, the licensee consents to the use of electronic means of notice and expressly acknowledges that his or her submission of his electronic signature shall be enforceable in any proceeding as if the renewal was submitted with a manual signature consistent with Section 1633.1, et seq., of the Civil Code. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.055 Suspension or revocation.
A solicitation license issued pursuant to this chapter may be immediately suspended or revoked during its term if the Finance Director finds in writing that one (1) or more of the following grounds exists:
A. That information in the latest application was untrue;
B. That the Finance Director or the Chief of Police has acquired information supporting a finding that one (1) of the persons listed in EGMC Section 4.04.045(A) has a new criminal conviction or a criminal conviction previously undisclosed;
C. That the licensee or any one (1) of the licensee’s solicitors has violated one (1) or more conditions imposed; or
D. That the licensee or any one (1) of the licensee’s solicitors has violated any term, condition or requirement or prohibition established by EGMC Chapter 4.02 or this chapter which are applicable to the license or the holder, or any administrative regulation promulgated thereunder, or any other applicable law. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.04.060 Appeal.
Any person aggrieved by any decision or action of any City officer or employee may file a written notice of appeal pursuant to EGMC Chapter 1.11. [Ord. 2-2013 §2, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]