Chapter 5.32
PEDDLERS, SOLICITORS, AND MOBILE VENDORS
Sections:
5.32.030 License – Application – Contents.
5.32.050 License – Application – Investigation.
5.32.090 Disturbance prohibited.
5.32.100 License – Restrictions.
5.32.110 License – Grounds for denial, revocation.
5.32.120 Penalty for violation.
5.32.010 Definitions.
“Business by vehicle” means the running, driving or operating of any motorized vehicle, automobile, truck, or automobile tank for the purpose of transportation, sale, collection or delivery of goods, wares, merchandise or other personal property of any kind from a motorized vehicle, either as a principal business or in connection with any other business or in soliciting for work, labor or services to be performed upon the public streets in or from a vehicle, or to be performed on goods, wares, merchandise, clothes or other personal property to be taken for such purpose to a plant or establishment inside or outside the City. This definition shall not be deemed to apply to the delivery of goods by persons operating such a vehicle in conjunction with a fixed place of business within the City for which such business a license fee has been paid pursuant to the provisions of this chapter. This definition shall not be deemed to apply to the delivery of goods by persons operating a nonmotorized vehicle or conveyance. This definition shall not be construed as imposing a tax upon vehicles, but as a method of classification of businesses and distinguishing between persons maintaining a fixed place of business in the conduct of which a vehicle is used, and persons maintaining a business in the conduct of which vehicles are used, but who do not have a fixed place of business in the City.
“Commercial traveler” means and includes any person who travels or goes from place to place within the City and solicits, sells or takes orders at retail for goods, wares or merchandise for present or future delivery.
“Mobile vending” means business by vehicle.
“Peddler” means and includes any person who travels or goes from house to house in a motorized conveyance within the City and peddles, hawks, vends or sells any goods, wares, medicines, merchandise or anything of value in the possession of the peddler to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.
“Public parkway” means any portion of a public street right-of-way which is set apart by curbs or land designated by the City, for pedestrian travel.
“Public street” means that portion of a street designated as such by the City, which is improved or unimproved, designed and ordinarily used by the public for the primary purpose of vehicular traffic.
“Solicitor” means and includes any person who goes from house to house within the City and solicits or takes orders at retail for any services, goods, wares or merchandise for future performance or delivery. [Ord. 1412 § 6, 2019; Ord. 1001 § 9, 1995. Code 1987 § 5.22.010].
5.32.015 Sidewalk vendors.
The provisions of this chapter shall not apply to sidewalk vendors as that term is defined in Chapter 5.31 LEMC. [Ord. 1412 § 7, 2019].
5.32.020 License – Required.
It is unlawful for any person, either as owner, agent, operator or otherwise to engage in the business of operating any peddler, solicitor or mobile vendor without first securing a license so to do from the City according to each and every regulation contained in this chapter any regulations or rules promulgated by resolution pursuant thereto. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.020].
5.32.030 License – Application – Contents.
Applicants for licenses to commence, manage, engage in, maintain, conduct or carry on the business described in LEMC 5.32.010, must furnish to the City the following additional information:
A. The true and fictitious names and description of applicant;
B. Permanent home address and full local address of applicant;
C. Brief description of the nature of the business and the goods to be sold;
D. The city, county and state where the person conducted any kind of selling activity within the past five years;
E. If employed, the name and address of the employer, together with credentials establishing the exact relationship;
F. The length of time for which the right to do business is desired;
G. 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 at the time said application is filed; and the proposed method of delivery;
H. Photograph of applicant and photograph of any vehicle used in such peddling or solicitation taken within 60 days immediately prior to the date of filing application; picture of applicant shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
I. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
J. A statement by a reputable physician of the City dated not more than 10 days prior to submission of application, certifying the applicant to be free of contagious, infectious or communicable diseases; and
K. A current list of prices for all products offered for sale from a mobile vending vehicle must be prominently displayed on the vehicle in such a manner as to be visible and readable with normal eyesight from at least five feet away. No product shall be sold at a price in excess of the listed price. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.030].
5.32.040 Vehicle insurance.
It shall be unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any motor vehicle used for mobile vending in the City unless such person has a motor vehicle liability insurance policy, covering each mobile vending vehicle, and showing the City as additionally insured, which shall conform in all respects to the requirements of this chapter. The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any such mobile vending vehicle with the consent, expressed or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, driver or person by law or injury to, or death of, any person. Such policy shall cover bodily injury and property damage in combined single-limit amount and not less than $1,000,000 for each vehicle. Proof of such insurance coverage shall be furnished to the City prior to issuance or renewal of a business license to or for such person, and to any duly authorized police officer upon request for such proof. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.040].
5.32.050 License – Application – Investigation.
At the time of filing such application, the fees established by resolution shall be paid to the City to cover the cost of investigation of each owner and/or operator of the facts stated therein.
Upon receipt thereof, the original application shall be referred to the City’s law enforcement agency, which shall cause such investigation of applicant’s business and moral character to be made as deemed necessary for the protection of the public good. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.050].
5.32.060 License – Issuance.
Each license so issued shall state upon the face thereof the following, in addition to any other pertinent information:
A. Name of licensee;
B. Kind of business licensed thereby;
C. Category and amount paid therefor;
D. Location of such business;
E. Date of expiration of license.
To each license there shall be attached photographs of licensee and of any vehicle used in the business, such photographs to be identical with those filed by licensee with his application pursuant to LEMC 5.32.030. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.060].
5.32.070 License – Term.
Licenses for peddlers, solicitors and mobile vendors issued under this chapter shall be valid from the date of issuance for a period of one year, or shorter period as specified at the time of application, unless the same has been terminated, suspended or revoked for any of the causes as set forth in this chapter. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.070].
5.32.080 Hours of operation.
No person shall practice or engage in the business of peddler, solicitor or mobile vendor during the period of time between half an hour after sunset and half an hour before sunrise. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.080].
5.32.090 Disturbance prohibited.
No peddler, solicitor or mobile vendor selling or offering for sale, or pretending to sell or offer for sale, goods of any kind or character shall ring the bell, or knock on the door of, or attempt to gain admittance to any residence, dwelling, flat or apartment whereon a sign bearing the words “no peddlers” is painted, affixed or exposed to public view. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.090].
5.32.100 License – Restrictions.
A. No person shall sell, engage in sales, or offer to sell, display or offer for future sale or display any goods, wares or merchandise in any public street or public parkway within the City, except upon approval of a special permit from the City Manager.
B. No driver of a mobile vending vehicle shall operate or permit operation of any radio system, loudspeaker, or other noise device intended to make sound audible outside the vehicle above 60 decibels when the vehicle is being operated upon any street within the City.
C. No mobile vendor shall conduct business on streets where the speed limit exceeds 30 miles per hour.
D. No mobile vendor shall vend within two-tenths of one mile from any private or public schoolgrounds during the hour before or the hour after the regular school day.
E. No mobile vendor shall vend unless the vehicle is lawfully parked or stopped.
F. Each mobile vending vehicle shall comply with all applicable operating and mechanical safety laws.
G. Each mobile vending vehicle shall be equipped with a backup warning device which shall be operative at all times during which the vehicle is used for mobile vending. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.100].
5.32.110 License – Grounds for denial, revocation.
The granting of a license may be denied and an existing license may be revoked or suspended for the following:
A. The applicant has made false statements or fails to disclose facts in material in his application. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.110].
5.32.120 Penalty for violation.
Any person who violates any provision of this chapter, upon conviction thereof shall be punished in accordance with the provisions of this code.
In addition to any other penalty prescribed for a violation of this chapter, upon a determination by the City that a person has violated any provision hereof, the City shall revoke each and all business licenses which have been issued pursuant to LEMC 5.32.060 to the person who committed such violation and to the business by whom such person was employed when the violation occurred.
In addition to any other penalty prescribed for a violation of this chapter, such a violation shall constitute grounds for denial of the issuance or renewal of such a business license to the person who committed the violation and to the business by whom such person was employed when the violation occurred.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by the final decision of a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions hereof. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.120].