Chapter 5.10
PEDDLERS AND SOLICITORS
Sections:
5.10.040 Investigation – Chief of Police.
5.10.010 Permit required.
It shall be 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 of Rio Dell, without first obtaining a permit therefor from the City Clerk of the City of Rio Dell in compliance with the provisions of this chapter. [Ord. 36 § 1, 1965.]
5.10.020 Exemptions.
The provisions of this chapter shall not apply to the following:
(1) Any person who distributes milk or food products or other commodities from house to house where a business license has been issued by the City of Rio Dell.
(2) Peddling newspapers, tickets of admission to entertainment, lectures or events to be held for religious, charitable or educational purposes.
(3) Children under the age of 16 years, or any veteran of the United States armed services who was honorably discharged and is physically unable to obtain a livelihood by manual labor and who shall be a qualified elector of the State, or any blind person when blindness has been certified by the Bureau of Vocational Rehabilitation of the Department of Education of the State. [Ord. 36 § 2, 1965.]
5.10.030 Application.
Every person who desires to peddle or solicit in the City shall file with the Chief of Police a sworn registration application on a form furnished by the Police Department, which shall give the following information:
(1) Name, address and telephone number of the applicant.
(2) 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.
(3) 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.
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) A brief description of the nature of the business and the goods to be sold.
(6) The length of the time the permit is desired. [Ord. 36 § 3, 1965.]
5.10.040 Investigation – Chief of Police.
Upon receipt of the registration application, the Chief of Police stall 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. A complete set of fingerprints will be taken and forwarded to the Bureau of Criminal Identification and Investigation, Sacramento, California, and to the Federal Bureau of Investigation, Washington, D.C. Return of this record check must be received before permit will be granted. If, as a result of such an investigation, the applicant’s character or business responsibility is found to be unsatisfactory, such application shall be denied; if the character and business responsibility of the applicant are found satisfactory, the Chief of Police shall approve the registration and deposit the same with the City Clerk of the City of Rio Dell. [Ord. 36 § 4, 1965.]
5.10.050 Fee.
A registration fee of $10.00 shall be paid to the City Clerk to cover the cost of administering and investigation of the registrant’s application. If the Chief of Police approves the application, a registration permit will be valid for a period not to exceed six months. 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. 36 § 5, 1965.]
5.10.060 Form of permit.
A registration permit will be in the form of a badge, that must be worn in plain sight while engaged in the business of which the permit was granted. The following information will appear on the face of the badge:
(1) Name and description of holder.
(2) Name and brief description of merchandise.
(3) Picture of holder, taken by Police Department.
(4) Date permit expires.
(5) Verification by Chief of Police. [Ord. 36 § 6, 1965.]
5.10.070 Revocation.
The registration permit may be revoked by the Chief of Police for any of the following reasons:
(1) Any fraud, misrepresentation or false statement contained in the registration application for permit.
(2) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.
(3) Conviction of the licensee of any felony or misdemeanor involving moral turpitude.
(4) 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.
(5) Making any attempt to solicit or peddle after the hour of 5:00 p.m. and before the hour of 9:00 a.m. of any day. [Ord. 36 § 7, 1965.]
5.10.080 Appeal.
Any person aggrieved by the action of the Chief of Police and the denial of a registration permit or 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 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. [Ord. 36 § 8, 1965.]
5.10.090 Penalty.
Any person, firm, or corporation, whether its principal, agent, employee or otherwise, violating or causing the violation of any part of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not exceeding six months in the County Jail or by both such fine and imprisonment. [Ord. 36 § 9, 1965.]