Chapter 5.20
SOLICITORS AND PEDDLERS
5.20.020 Interstate commerce registration fee.
5.20.030 Intrastate commerce registration fee.
5.20.060 Police registration fee.
5.20.070 Verification of criminal record.
5.20.080 Hours of solicitation.
5.20.100 When permit/license prohibited.
5.20.110 State law conviction.
5.20.120 Revocation or suspension of permit to solicit.
5.20.130 Violations and penalties.
5.20.170 Charitable organizations.
5.20.010 Definitions.
(a) "Peddler" means any person traveling from place to place or from house to house in the city, carrying or transporting goods, wares, merchandise or personal property of any nature and offering same for sale or selling or delivering the same to purchaser.
(b) "Solicitor" means any person traveling from place to place or house to house in the city, taking or canvassing orders for the sale of any goods, wares or merchandise, or for any article to be delivered in the future, or for services to be performed in the future. (Ord. 1096 § 1 (part), 1990).
5.20.020 Interstate commerce registration fee.
Any person, firm or corporation intending to engage in the business of solicitor or peddler and whose operation is engaged in interstate commerce, is not required to pay any license fee as provided in this code, but each such person, firm or corporation is hereby required to register with the city clerk and obtain and pay for a permit as required by this chapter before engaging in the business of such solicitor or peddler, and shall after such time, if continuously so engaged, within the city, renew and pay for such registration upon expiration. (Ord. 1096 § 1 (part), 1990).
5.20.030 Intrastate commerce registration fee.
Any person, firm or corporation engaging in the business of solicitor or peddler and whose operation is not one within interstate commerce, shall obtain and pay for a permit as required by this chapter and pay the business license fee and register with the city clerk, and shall after such time, if continuously so engaged, within the city, renew and pay for such registration upon expiration. (Ord. 1096 § 1 (part), 1990).
5.20.040 Permit required.
It is unlawful for any person, firm or corporation to engage in the business of solicitor or peddler as defined in Section 5.20.010 without first obtaining a permit as required by this chapter and paying the permit fee established by resolution. Any permit issued pursuant to this section shall be valid for a period not to exceed one year from the date of issuance. (Ord. 1096 § 1 (part), 1990).
5.20.050 Registration form.
The registration required by this chapter shall be on a form prescribed by the chief of police and shall, at a minimum, state and contain the following information:
Name of applicant, business address, business phone number, home address, home phone number, description of applicant, place of birth, driver’s license number and state, declaration of arrest record, name, address and phone number of company represented, last business address, type of merchandise, location of merchandise, how payment is made, whether or not contract is to be used and if so, blank copy of contract attached to application, and the name, address and local phone number of the applicant’s immediate supervisor, when applicable. Two forms of identification, including one bearing the applicant’s photograph issued by a governmental agency, shall be required from each applicant. (Ord. 1096 § 1 (part), 1990).
5.20.060 Police registration fee.
Prior to registration with the city clerk or obtaining the required business license, all persons engaged in the business of solicitor or peddler as defined in Section 5.20.010 shall be fingerprinted and photographed by the police department, and shall pay a fee established by resolution which will include the processing fees and background investigation costs and shall also pay the California Department of Justice applicant fingerprint fee. (Ord. 1096 § 1 (part), 1990).
5.20.070 Verification of criminal record.
It shall be the duty of the chief of police to forward copies of the fingerprint cards required under Section 5.20.060 to the California Department of Justice, Bureau of Criminal Identification and Investigation, for verification of the applicant’s criminal record. (Ord. 1096 § 1 (part), 1990).
5.20.080 Hours of solicitation.
No person shall proceed solicit or peddle until the verification has been returned by the California Department of Justice, Bureau of Criminal Identification and Investigation. No person, firm, or corporation shall solicit or peddle between the hours of eight p.m. and nine a.m., except by express previous appointment. (Ord. 1096 § 1 (part), 1990).
5.20.090 Rules of conduct.
The following rules of conduct shall be adhered to when a person is engaged in the business of solicitor or peddler as defined in Section 5.20.010:
(a) No immoral or obscene conduct shall be permitted.
(b) No person shall solicit or canvass while under the influence of alcohol and/or drugs.
(c) Persons engaged in the activity of soliciting, peddling or canvassing shall refrain from loud, boisterous, or other improper conduct.
(d) No person shall continue to solicit or canvass at a residence or business after being asked to leave or advised by the person contacted that they are not interested in the product or service being offered. (Ord. 1096 § 1 (part), 1990).
5.20.100 When permit/license prohibited.
Any person having been convicted of a felony or two misdemeanor offenses, or any criminal offense involving fraudulent activity shall not be issued a license or permit to solicit or peddle. (Ord. 1096 § 1 (part), 1990).
5.20.110 State law conviction.
Any person having been convicted of any offense mentioned in Section 290 of the California Penal Code, or any violation of Sections 314, 315, 316, 318 or 647(a), (b) or (d) of the California Penal Code or any offense mentioned in Section 11590 of the California Health and Safety Code, shall not be issued a city license or permit to solicit or peddle. (Ord. 1096 § 1 (part), 1990).
5.20.120 Revocation or suspension of permit to solicit.
The chief of police may revoke or refuse to renew a permit to solicit or peddle if the person or applicant has, since the granting of his permit:
(1) Violated any provision of this chapter;
(2) Been convicted of any criminal activity listed or provided in Sections 5.20.100 and 5.20.110 or;
(3) When the chief of police discovers that false answers have deliberately been given in the registration application. (Ord. 1096 § 1 (part), 1990).
5.20.130 Violations and penalties.
(a) It unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof is punishable by a fine of two hundred fifty dollars.
(b) Each and every violation of any provision of this chapter shall be deemed to be a separate offense and shall be punishable as provided in this section. (Ord. 1160 § 5, 1993: Ord. 1096 § 1 (part), 1990).
5.20.140 Enforcement.
The chief of police shall enforce the provisions of this chapter. (Ord. 1096 § 1 (part), 1990).
5.20.150 Appeal.
Any person aggrieved by the action of the chief of police, may appeal such action to the city council. Such appeal shall be taken by filing with the city clerk within ten days after notice of action by the chief of police, a written statement appealing such action and stating the ground(s) therefor. The clerk shall set a time and place for a hearing on such appeal and notice thereof shall be given to the appellant in writing at least ten days prior to such hearing. The decision of the council shall be final. If no appeal is taken within ten days, the action of the chief of police shall be final. (Ord. 1096 § 1 (part), 1990).
5.20.160 Reapplication.
Any person defined in Section 5.20.020 and 5.20.030, upon reapplication for license to solicit or peddle, shall be fingerprinted and shall not be allowed to solicit or peddle until verification is received. Any person defined in Sections 5.20.020 and 5.20.030, upon reapplication for license to solicit or peddle, shall comply with all registration provisions of this chapter before engaging in any such soliciting or peddling. (Ord. 1096 § 1 (part), 1990).
5.20.170 Charitable organizations.
Any nonprofit institution, corporation, organization, or association organized and conducted for nonprofit purposes only, and registered with the California Attorney General’s Registry of Charitable Trusts, when the receipts derived are to be wholly for the benefit of such organization and not in the whole or any part for private gain of any person is exempt from the requirements of Sections 5.20.060 and 5.20.070. This exemption shall not apply to promoters employed by nonprofit institutions, corporations, organizations or associations. (Ord. 1096 § 1 (part), 1990).