Chapter 5.40
PEDDLERS—SOLICITORS1
Sections:
5.40.020 Permit required—Application.
5.40.030 Permit prerequisite to issuance of license.
5.40.050 Denial of permit—Appeal to council.
5.40.060 Permit nontransferable.
5.40.070 Hours permit operable.
5.40.080 Permit to be kept on permittee’s person—Display upon demand of police.
5.40.090 Revocation of permit.
5.40.100 Procedure for revocation—Appeal.
5.40.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section as follows:
(1) "Peddler" means any person, including salesman and vendor, who goes from house to house, place to place, or to any one house or to any one place, or in or along the streets, within the city, selling and making immediate delivery or offering for sale and immediate delivery, any goods, wares, merchandise, newspapers, magazines or services, or anything of value in the possession of the peddler to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services;
(2) "Solicitor" means any person, including salesman and vendor, who engages in the business of going from house to house, place to place, or to any one house or to any one place, or in or along the streets, within the city, selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise, newspapers, magazines or services, or other thing of value, for future delivery or for services to be performed in the future, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services. (Prior code § 19.1).
5.40.020 Permit required—Application.
In addition to any information required by the city for the issuance of a license for the conduct of the business or occupation of a solicitor or peddler, as described in this chapter, and for which a license is requested, the applicant for a license shall first secure a permit from the chief of police, which permit shall be and is hereby designated as an identification permit. The permit shall only be issued by the chief of police after an investigation is made by him, and in making the investigation the chief of police shall be furnished by the applicant the following information and records:
(1) Name and description of applicant;
(2) Address—legal and local (if any);
(3) A brief description of the nature of the business, and the goods, wares, merchandise and services to be sold or furnished;
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(5) The length of time for which to do business is desired;
(6) If a vehicle is to be used, a description of the same, together with license number or other means of identification;
(7) A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall show the head and shoulders of the applicant in a clear and distinguishing manner;
(8) Fingerprints of the applicant to be taken by the chief of police, or a member of the police department of the city at the discretion of the chief of police;
(9) A statement as to whether or not the applicant has been convicted of a crime, felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor;
(10) A statement from a reputable physician of the city, dated not more than ten days prior to submission of the application for license and permit, certifying the applicant to be free of infectious, contagious or communicable disease. (Prior code § 19.2).
5.40.030 Permit prerequisite to issuance of license.
The information required by Section 5.40.020 shall be furnished to the chief of police in conjunction with the application for a business license for the occupation of a solicitor or peddler, and investigation by the chief of police and the issuance of an identification permit shall be necessary conditions precedent to the granting of such business license. After the investigation is made and identification permit issued, a business license for the occupation or business shall be issued by the license collector, upon the payment of the license fee, if any is required, in conformity with the provisions of Chapter 5.36. (Prior code § 19.3).
5.40.040 Issuance of permit.
The chief of police, upon being advised of the application of an applicant for a business license for the business or occupation of a solicitor or peddler in the city, and upon being furnished the information and records required by the provisions of this chapter, shall investigate the applicant. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall issue an identification permit in favor of the applicant for the carrying on of the business or occupation of a solicitor or peddler in the city, which permit, and the business license issued in connection therewith, shall be valid for a period of ninety days only, and subject to the revocation provisions of this chapter. (Prior code § 19.4).
5.40.050 Denial of permit—Appeal to council.
If, as a result of the investigation as provided by this chapter, the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall make his findings and reasons for disapproval and transmit the same to the license collector, who shall notify the applicant that his application is disapproved and that no permit or license will be issued. Upon the disapproval of the application, as a result of the findings of the chief of police, any person aggrieved by the action of the chief of police, and the denial of the application for a permit or a license, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Council, within ten days after notice of the action complained of has been mailed to the applicant’s last known address, or to the applicant’s address as appearing on his application, a written statement setting forth fully the grounds of appeal. The council shall set a time and place for a hearing of such appeal and notice shall be given to the appellant by mail, postage prepaid, to his address, as aforesaid, at least five days prior to the date set for a hearing. The disposition and order of the council shall be final and conclusive. (Prior code § 19.5).
5.40.060 Permit nontransferable.
No identification permit issued under the provisions of this chapter shall be transferable and the same, as issued, shall be personal to the person to whom issued. (Prior code § 19.6).
5.40.070 Hours permit operable.
Any identification permit issued under the provisions of this chapter shall be valid only between the hours of nine a.m. and six p.m. of any day. (Prior code § 19.7).
5.40.080 Permit to be kept upon permittee’s person—Display upon demand of police.
Any identification permit issued under the provisions of this chapter shall be kept in the possession and on the person of the solicitor or peddler to whom it is issued and upon demand of the chief of police or a member of the police department must be produced for examination. (Prior code§ 19.8).
5.40.090 Revocation of permit.
Identification permits issued under the provisions of this chapter may be revoked by the chief of police for any of the following reasons:
(1) Fraud—misrepresentation or false statements contained in the application for the identification permit;
(2) Fraud—misrepresentation or false statement made in the course of carrying on the business of peddling or soliciting;
(3) Conviction of any crime or misdemeanor involving moral turpitude;
(4) Conducting the business of peddling or soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace and to constitute a menace of the health, safety or morals or general welfare of the public;
(5) Any violation of this chapter or of the business license provisions of this code or other ordinances of the city. (Prior code § 19.9).
5.40.100 Procedure for revocation—Appeal.
Upon the revocation of any identification permit issued under the provisions of this chapter, the chief of police shall make his findings and reasons for revocation and transmit them to the permittee, whose license has been revoked, and a copy thereof to the license collector. Revocation of an identification permit automatically revokes the business license to which the identification permit applies. The permittee whose permit has been revoked shall have the right of appeal to the city council in the same manner and in conformity with the same procedure set forth in Section 5.40.050. (Prior code § 19.10).
For statutory provisions exempting veterans from the requirements of a license under certain conditions, see West’s B. & Prof. Code § 16001. For exemptions concerning commercial travelers dealing at wholesale, see B. & Prof. Code § 16002. For regulations governing license fees for peddlers or solicitors, see Section 5.12.240.