Chapter 5.32
PEDDLERS, CANVASSERS, AND SOLICITORS
Sections:
5.32.020 Exemptions from chapter.
5.32.030 Permit – Application contents.
5.32.040 Permit – Application investigation.
5.32.050 Permit – Fee – Issuance and renewal.
5.32.055 Permit – Fee – Veterans exempted.
5.32.010 Permit – Required.
It is unlawful for any person to engage in the business of solicitation or peddling, either in person or by telephone, within the corporate limits of the city, without first obtaining a permit therefor in compliance with the provisions of this chapter. (Code 1961 § 16A-1).
5.32.020 Exemptions from chapter.
The provisions of this chapter shall not apply to the following:
A. Any person who distributes milk or food products or other commodities from house to house where a license has been issued for an established route;
B. Any person acting as a commercial agent or salesman for soliciting orders for wholesale houses or firms selling goods, wares, and merchandise or any commodity from wholesale retail dealers, manufacturers, or to contractors;
C. Peddling newspapers, tickets of admission to entertainments, lectures or events to be held for religious, charitable or educational purposes;
D. Children under the age of 16 years or any blind person when blindness has been certified by the Bureau of Vocational Rehabilitation of the Department of Education of the state. (Ord. 2009-678 § 2; Code 1961 § 16A-2).
5.32.030 Permit – Application contents.
Every person who desires to peddle or solicit in the city shall file with the chief of police a sworn registration application of a form furnished by the police department, which shall give the following information:
A. Name, address, and telephone number of the applicant;
B. Permanent address of 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, and the proposed method of advertising and of delivery;
C. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment assessed therefor;
D. If employed, the name and address of the employer, together with credentials establishing the exact relationship;
E. A brief description of the nature of the business and the goods to be sold;
F. The length of time the permit is desired;
G. Any other information required by the chief of police to perform a background investigation. (Ord. 82-461 § 1. Code 1961 § 16A-3).
5.32.040 Permit – Application investigation.
A. Upon receipt of the registration application, the chief of police shall cause such investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good.
B. A complete set of fingerprints will be taken and forwarded to the Bureau of CII, Sacramento, California, and to the Federal Bureau of Investigation in Washington, D.C. Return of this record check must be received before permit will be granted.
C. If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, such application shall be denied; if character and business responsibility of applicant are found satisfactory, the chief of police shall approve the registration. (Code 1961 § 16A-4).
5.32.050 Permit – Fee – Issuance and renewal.
A. A registration fee shall be paid to the city to cover the cost of processing and investigating the application. The fee will be set by resolution of the council and will be periodically reviewed to reflect current costs.
B. If the chief of police approves the application, a registration permit will be issued by the city clerk; such registration permit will be valid for a period not to exceed one year.
C. Renewal of registration permit may be made by refiling an application and, if approved by the chief of police, a fee of $1.00 will be paid to the city clerk and a new registration permit will be issued. (Ord. 82-461 § 2. Code 1961 § 16A-5).
5.32.055 Permit – Fee – Veterans exempted.
No permit fee payable pursuant to this chapter shall be payable by any person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this state. Such person shall be required to complete a permit application and meet the requirements for a permit, including renewal. (Ord. 2009-678 § 2).
5.32.060 Permit – Form.
The registration permit will be in the form of a badge that must be worn in plain sight while engaged in the business for which the permit was granted. The following information will appear on the face of the badge:
A. Name and description of holder;
B. Name and brief description of merchandise;
C. Picture of holder taken by police department;
D. Date permit expires;
E. Verification by chief of police. (Code 1961 § 16A-6).
5.32.070 Permit – Revocation.
The registration permit may be revoked by the chief of police for any of the following reasons:
A. Any fraud, misrepresentation, or false statement contained in the registration application for permit;
B. Any fraud, misrepresentation, or false statement made in connection with the selling of goods, wares, or merchandise;
C. Conviction of the licensee for any felony or misdemeanor involving moral turpitude;
D. Conducting business under this chapter in an unlawful manner or in such manner as to constitute a breach of the peace or menace to the health, safety, or general welfare of the public;
E. Making any attempt to solicit or peddle after the hour of 8:00 p.m. and before the hour of 8:00 a.m. of any day. (Code 1961 § 16A-7).
5.32.080 Permit – Appeals.
Any person aggrieved by the action of the chief of police in the denial of a registration permit or the revocation of such permit shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city clerk, within five days after notice of the decision of the chief of police, a written statement setting forth the grounds for the appeal. The city council shall set the time and place for hearing on such an appeal and notice of such hearing will be given by mail to the person making the appeal. The order of the city council on such an appeal shall be final. (Code 1961 § 16A-8).