Chapter 5.44
SOLICITATION Revised 4/24
Sections:
5.44.010 Findings and purpose.
5.44.040 Permit—Application—Generally.
5.44.050 Permit—Criminal background check.
5.44.060 Permit—Expiration—Renewal—Revocation.
5.44.070 Permit—Denial—Revocation—Appeal—Hearing Officer.
5.44.080 “Do Not Knock” registry. Revised 4/24
5.44.090 Solicitation operating requirements.
5.44.100 Unwanted solicitations prohibited.
5.44.110 Abusive activity prohibited.
5.44.120 Sound-making and sound-amplification devices prohibited.
5.44.130 Locations—Solicitations prohibited.
5.44.140 Permissible hours for soliciting.
5.44.010 Findings and purpose.
A. This chapter is based on the following findings:
1. The City Council finds that persons and organizations have been visiting and continue to visit private residential properties, as well as privately owned businesses, for the purposes of soliciting goods, wares, merchandise or services.
2. Some residents and business owners find these activities to be intrusive upon their privacy and a concern for the safety of their family members and employees.
3. The City Council further finds that a variety of misrepresentations and other frauds are at times employed in such activities.
4. Solicitors and organizations are bringing young people from all over the country to solicit goods and magazines in San Carlos with stories of their earning trips, claiming to be nonprofit organizations, with claims they are earning scholarships and other rewards, if residents purchase goods or wares from them. These young people are potentially being exploited because they are so far from home and are dependent on the persons delivering them to the City. Those transporting young people or other persons have no interest in applying for permits and have no concern whatsoever that they are exposing such young people and persons to legal process and violations of law.
5. Residents of the City have been threatened in their homes by persons claiming to be solicitors.
6. Unregulated door-to-door solicitation constitutes a serious concern for the City and is the subject of ongoing enforcement.
7. The goal of protecting residents from fraud and crime and thereby promoting the safety and privacy of residences within the City is a legitimate, urgent and substantial governmental interest.
8. The City has a substantial and compelling interest in preventing fraudulent, exploitative and/or criminal activities which may result from unregulated solicitation.
9. The City has a substantial and compelling interest in protecting individuals’ safety and privacy by reasonably limiting the hours of solicitation and requiring permits in a content neutral manner.
10. The City has a substantial and compelling interest in allowing individuals to determine their level of comfort with privacy and whether or not they want to be solicited.
11. Noncommercial speech is entitled to broader protection under the First Amendment to the United States Constitution than commercial speech, affording the City greater flexibility in the reasonable regulation of commercial speech.
12. All of these goals and interests may properly be served by this narrowly tailored regulation which requires solicitors to obtain a City-issued permit prior to soliciting within the City, reasonably limits the hours of activities and prohibits solicitation on residential properties bearing a posted sign prohibiting such activities.
B. The purpose of this chapter is to balance free speech and expression with the health, safety and welfare of the residents of the City. (Ord. 1484 § 2 (part), 2015)
5.44.020 Definitions.
For the purpose of this chapter only, the following words and phrases shall, when used in this chapter, have the meaning respectively ascribed to them by this section:
A. “Charitable” means the purpose of an organization which has received a letter of determination approving tax exempt status under Title 26 of the United States Code Section 501(c)(3).
B. “Commercial” means the purpose of solicitation is not for charitable, nonprofit, or other noncommercial purposes, as defined in this section.
C. “Corporation” means a legal entity with a legal personality distinct from those of its members, and which has filed articles of incorporation with the California Secretary of State.
D. “Limited liability company” means a legal entity with a legal personality distinct from those of its members, and which has filed articles of organization with the California Secretary of State.
E. “Noncommercial” means the purpose of solicitation is not for commercial purposes, which includes charitable and nonprofit purposes, as defined in this section.
F. “Person” means any individual, firm, partnership, joint venture, association, social club, league, fraternal organization, joint stock company, estate, trust, business trust, receiver, trustee, syndicate or any other group acting as a unit. The word “person” shall include the definition of corporation or limited liability company.
G. “Solicitation” includes the act of any person, whether a resident of the City or not, traveling by foot, vehicle or any other type of conveyance, who goes from residence to residence, business to business, place to place or along any highway, street or sidewalk within the City, that amounts to any of the following: (1) requesting, either directly or indirectly, money, credit, funds, contributions, personal property or anything of value; (2) taking or attempting to take orders for the sale of any goods, wares, merchandise or services of any kind or description, for future delivery or for services to be performed in the future, either in person or by distributing flyers or leaflets; (3) selling and making immediate delivery of any goods, wares, merchandise or services of any kind or description, commonly referred to as “peddling”; (4) sidewalk vending; and (5) delivering persons to the City by vehicle or otherwise for the purpose of solicitation. Solicitation shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk pursuant to a valid permit issued pursuant to Chapter 5.43.
Solicitation shall not include the following so long as the person is not requesting, either directly or indirectly, money, credit, funds, contributions, personal property or anything of value: (1) a person communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to another person willing to directly receive such information; provided, that such information is of a political, religious or charitable nature; (2) a person seeking or offering goods or services from a sidewalk or public right-of-way; (3) a person seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter; (4) a person seeking to obtain, from an occupant of any residence or business, an indication of the occupant’s belief in regard to any political or religious matter; and (5) a person conducting a poll, survey or petition drive in regard to any political matter.
H. “Solicitor” means any person, whether a resident of the City or not, engaged in solicitation, employer of such persons or a person who engages in the act of transporting persons to the City for the purpose of solicitation, who is not engaged in sidewalk vending authorized by Government Code Section 51036 et seq. or Chapter 5.43.
I. “Vehicle” means the definition as set forth in the California Vehicle Code. (Ord. 1545 § 6, 2019; Ord. 1484 § 2 (part), 2015)
5.44.030 Permit—Required.
A. The following provisions shall apply to permits for commercial solicitation:
1. If a person is soliciting on behalf of, or is employed to solicit by, another person as defined in Section 5.44.020(F), the person engaged in the soliciting and the employer or other person upon whose behalf solicitation is being made must have valid solicitation permits as set forth in this chapter and business registration as set forth in Chapter 5.04, even if such persons are exempt from payment of any business registration fee.
2. All persons who engage in solicitation shall comply with the following:
a. Carry a valid photo identification and a copy of a valid permit issued pursuant to this chapter, and if acting on behalf of or employed by another person as defined in Section 5.44.020(F) to solicit, in addition carry written authorization to act on behalf of such employer or person and a copy of a valid permit issued to such employer or person; and
b. Immediately present a valid solicitation permit, photo identification and authorization to act on behalf of another person, if applicable, upon request by any person engaged for solicitation purposes or by any law enforcement official.
3. A valid solicitation permit shall contain the name, permanent residence address, a brief physical description, and the photograph of such person who seeks to solicit within the City.
4. Permits are not assignable or transferable.
5. Written authorizations to act on behalf of another person as defined in Section 5.44.020(F) are not assignable or transferable.
B. The following provisions shall apply to permits for noncommercial solicitation:
1. If a person is soliciting on behalf of, or is employed to solicit by, another person as defined in Section 5.44.020(F), only the employer or the person on whose behalf the solicitation is made shall be required to have a valid solicitation permit as set forth in this chapter.
2. If a person is soliciting on behalf of, or is employed to solicit by, another person as defined in Section 5.44.020(F), the person engaged in soliciting shall carry a valid photo identification and written authorization to act on behalf of the employer or the other person.
C. A person under the age of twelve engaged in solicitation shall be accompanied by a competent person over the age of eighteen. (Ord. 1484 § 2 (part), 2015)
5.44.040 Permit—Application—Generally.
A. Applications for a permit for commercial solicitation are subject to the following provisions:
1. The application for a permit required by Section 5.44.030(A) shall be made upon a form prescribed by the City Manager, or his or her designee, available at the City Clerk or San Carlos Police Bureau and shall include, but not be limited to, the following information:
a. The name, permanent residence address, a brief physical description, and a photo of all persons who will be engaging in solicitation under the permit;
b. Proof of live scan fingerprinting. Fingerprinting must be done at a facility approved by the City’s Chief of Police, or his or her designee;
c. Complete employment history all persons who will be engaging in solicitation under the permit for the past three years;
d. Disclosure of any and all criminal convictions, probation, infraction or misdemeanor citations received, including any and all municipal code violations and criminal or civil matters pending anywhere in a court of competent jurisdiction of all persons who will be engaging in solicitation under the permit. This shall include any matters dismissed or expunged pursuant to California Penal Code Section 1203.4;
e. A sworn statement that such person is not currently under investigation for any crimes related to solicitation or other criminal offense including, but not limited to, violent crimes, sexual assault, crimes against minors, possession of controlled substances, theft, fraud or burglary;
f. Names and addresses of all affiliated persons as defined in Section 5.44.020(F) who are or will be employing, employed by, working with or on behalf of the applicant;
g. Proof of insurance as required by the City;
h. Requested starting date, time and place to solicit within the City; and
i. Such other information as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
2. The application, upon completion by the applicant, shall truthfully set forth all such information as shall be required by the Chief of Police.
3. The application under subsection (A)(1) of this section shall be submitted under penalty of perjury and be submitted to the Police Department at least twenty calendar days prior to the starting date and time the applicant requests to engage in solicitation.
4. The application shall be submitted with payment of any applicable fee. The permit application fee shall be established by resolution of the City Council and may be amended from time to time.
5. The Chief of Police shall issue the permit to solicit if the following requirements have been met, subject to the criminal background check in Section 5.44.050:
a. The applicant has properly completed and filed his or her application together with any applicable fee;
b. The applicant has obtained all other registration or permit that may be required under the San Carlos Municipal Code;
c. The applicant has provided all information required by the application and the Chief of Police; and
d. The applicant has not made any misrepresentation of any fact presented in the application.
6. The Chief of Police may issue a solicitation permit subject to reasonable conditions as may be deemed necessary for the public health, safety, peace and welfare.
7. Applicants shall at all times maintain accurate application information with the City. In the event there is any change or modification to the information provided in the first or previous application, it is the applicant’s sole responsibility to provide written notification of such change or modification to the Chief of Police within fifteen calendar days of the change or modification. Failure to do so may result in the revocation of the permit.
B. Applications for a permit for noncommercial solicitation are subject to the following provisions:
1. An application for a permit required by Section 5.44.030(B) shall be made upon a form prescribed by the City Manager, or his or her designee, available at the City Clerk or San Carlos Police Bureau and shall include, but not be limited to, the following information:
a. The name of the organization on whose behalf soliciting is to be made, its permanent address and telephone number. If the organization does not have a local telephone number, the name and telephone number of a local person for contact shall be supplied;
b. The complete name, driver’s license or another valid form of identification acceptable to the Chief of Police, permanent residence address and a brief physical description of the person making the application on behalf of the organization shall be included in the application;
c. Complete name, permanent residence address, and telephone number of the person or persons who will be engaged in solicitation on behalf of the organization;
d. Requested starting date, time and place to solicit within the City;
e. If for charitable purposes, a letter of determination from the California Franchise Tax Board approving tax exempt status under Title 26 of the United States Code Section 501(c)(3); and
f. A statement that the person is not currently under investigation for any crimes related to solicitation or other criminal offense including, but not limited to, violent crimes, sexual assault, crimes against minors, possession of controlled substances, theft, fraud or burglary.
2. The application shall be submitted to the Police Department at least twenty calendar days prior to the starting date and time the applicant requests to engage in solicitation.
3. The Chief of Police shall issue the permit to solicit if all of the following requirements have been met:
a. The applicant has properly completed and filed his or her application;
b. The applicant has provided all the information required by the application; and
c. The applicant has not made any misrepresentation of any fact presented in the application.
4. The Chief of Police may issue the permit subject to reasonable conditions as may be deemed necessary for the public health, safety, peace and welfare.
5. Applicants shall at all times maintain accurate application information with the City. In the event there is any change or modification to the information provided in the first or previous application, it is the applicant’s sole responsibility to provide written notification of such change or modification to the Chief of Police within fifteen calendar days of the change or modification. Failure to do so may result in the revocation of the permit.
6. All information required in subsection (B)(1) of this section shall be submitted under penalty of perjury. (Ord. 1484 § 2 (part), 2015)
5.44.050 Permit—Criminal background check.
A. This section shall only apply to commercial solicitation.
B. The Chief of Police shall initiate criminal history record background checks of prospective solicitors, including those persons acting on behalf of an employer or other person as defined in Section 5.44.020(F).
C. A criminal history record background check shall not be initiated pursuant to this section without the written consent of the applicant. The consent required under this section shall be in the manner and form prescribed by the Chief of Police and shall include, but not be limited to, the signature, name, address and fingerprints of the applicant.
D. The Chief of Police shall not certify a person subject to the provisions of this chapter who refuses to consent to or cooperate in the securing of a criminal history record background check.
E. A person whose criminal history record background check reveals a conviction for any criminal offense including, but not limited to, violent crimes, sexual assault, possession of controlled substances, theft, fraud or burglary shall be disqualified from receiving a permit to solicit within the City, subject to the provisions in Section 5.44.060(A)(2)(b).
F. The Chief of Police is authorized to receive criminal history record information from any agency or department of the State of California or the United States government, including but not limited to the California Department of Justice and the Federal Bureau of Investigation, regarding applicants for permits to solicit within the City.
G. The Police Department shall promptly notify an applicant whose criminal history record background check reveals a disqualifying criminal conviction.
H. The applicant shall have thirty calendar days from the receipt of that notice to petition the Police Department for a review and to cite reasons substantiating the review.
I. If the applicant successfully challenges the accuracy of the criminal history record information or demonstrates affirmatively to the governing body clear and convincing evidence of rehabilitation, the Chief of Police may issue a certificate indicating the applicant has successfully cleared a background check. (Ord. 1484 § 2 (part), 2015)
5.44.060 Permit—Expiration—Renewal—Revocation.
A. The following provisions shall apply to permits for commercial solicitation:
1. All permits granted under the provisions of this chapter shall be valid for up to ninety days and may be renewed thereafter, unless sooner revoked.
2. Prior to the expiration of a permit, and upon application for renewal of the permit, the Chief of Police shall determine if the applicant or solicitor has acted in compliance with the applicable provisions of this chapter and conditions of the permit.
a. If determined to have been in substantial compliance, the permit shall be renewed upon payment of any applicable renewal fee.
b. If the applicant or solicitor is found not to be in substantial compliance by the Chief of Police, the permit shall not be renewed, and no other permit shall be issued under the provisions of this chapter to the same applicant within one year of the date of cancellation or expiration of the permit.
3. Renewal fees shall be established by resolution of the City Council and may be amended from time to time.
4. The Chief of Police may revoke any permit granted under the provisions of this chapter for any of the following reasons:
a. The applicant provided false, misleading or misrepresented information in procuring said permit;
b. The applicant or any person as defined in Section 5.44.020(F) who employs, is employed by, or works on behalf of or with the applicant failed to comply with the requirements, regulations, laws and conditions of approval applicable to the permit;
c. The applicant or any person as defined in Section 5.44.020(F) who employs, is employed by, or works on behalf of or with the applicant is convicted of violating any Federal, State or local law during the course of operating under the permit; or
d. The activities for which the permit was granted were or are being conducted in a manner that is detrimental to the public health, safety, peace or welfare.
5. When a permit has been revoked, no other permit shall be issued under the provisions of this chapter to the same applicant within one year of the date of revocation.
B. The following provisions shall apply to permits for noncommercial solicitation:
1. All permits granted under the provisions of this chapter shall be valid for up to one year and may be renewed thereafter.
2. Upon application for renewal of the permit, an applicant claiming nonreligious, nonpolitical, charitable status shall resubmit the materials described in Section 5.44.040(B)(1). (Ord. 1484 § 2 (part), 2015)
5.44.070 Permit—Denial—Revocation—Appeal—Hearing Officer.
A. Any applicant aggrieved by any decision by the Chief of Police, or his or her designee, on an application for, renewal or revocation of a permit may appeal such decision within ten calendar days after the notice is given of the decision pursuant to subsection D of this section.
B. The appeal shall be filed on forms provided by the City together with any applicable fee established by resolution of the City Council, which may be amended from time to time.
C. The appeal request shall set forth the appellant’s reasons for asserting the decision was in error or in violation of this chapter or other applicable law.
D. The appeal shall be referred to the City Manager who may appoint a hearing officer or body to conduct a hearing on the matter. Upon the filing of the notice of appeal in proper form, the City Clerk or hearing officer shall cause a written notice of the hearing to be mailed via first class mail to the appellant not less than ten calendar days prior to such hearing. The City Manager or the hearing officer or body may continue the hearing from time to time.
E. The hearing officer or body may affirm, dismiss or modify the decision of the Chief of Police or his or her designee.
F. Any action or decision made by the City Manager, hearing officer or hearing body resulting from the hearing shall be final, except that a decision of a hearing officer or hearing body may be appealed to the City Manager by providing written notice to the City Clerk within ten calendar days of mailing of the notice of a hearing officer decision. (Ord. 1484 § 2 (part), 2015)
5.44.080 “Do Not Knock” registry. Revised 4/24
A. The City Clerk, or his or her designee, shall prepare a list of addresses of those premises where the owner and/or occupant has notified the City that soliciting is not permitted on the premises (hereinafter referred to as the “Do Not Knock” registry).
B. Notification shall be by completion of a form available on the City’s website and at City Hall during normal business hours and shall be valid for two (2) years.
C. The list shall be updated at a minimum of every thirty days and shall be effective on the first day of each month.
D. The City Clerk or his or her designee shall post the “Do Not Knock” registry addresses on the City’s website and distribute the current “Do Not Knock” registry to solicitors who have been issued active permits to solicit pursuant to the provisions of this chapter.
E. Solicitors shall review the online “Do Not Knock” registry, review the list at the City Police Bureau at City Hall or obtain an updated version of the “Do Not Knock” registry from the City Clerk prior to any solicitation efforts.
F. Solicitors shall not solicit at any premises identified on the then current “Do Not Knock” registry. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1484 § 2 (part), 2015)
5.44.090 Solicitation operating requirements.
A. It is unlawful for any person to engage in solicitation within the City without a valid solicitation permit issued by the San Carlos Chief of Police.
B. It is unlawful for any person to engage in commercial solicitation within the City without both a valid solicitation permit issued by the San Carlos Chief of Police and a valid business registration issued by the City pursuant to Chapter 5.04.
C. Solicitors shall review the online “Do Not Knock” registry or a current registry provided by the City Clerk, as specified in Section 5.44.080(E).
D. It is unlawful for any person to solicit at any premises identified on the then current “Do Not Knock” registry, engage in unlawful solicitations, engage in abusive behavior while soliciting, violate the sound-making and sound-amplification device prohibition, solicit at a prohibited location, violate the permissible hours for solicitation or solicit from a vehicle, as provided in Sections 5.44.080 and 5.44.100 through 5.44.150.
E. A permit granted under this chapter is not an endorsement by the City of the solicitor or of any goods, wares, merchandise, services or information that may be sold or distributed by the solicitor, and it is unlawful for any person to represent that such an endorsement has been made. (Ord. 1484 § 2 (part), 2015)
5.44.100 Unwanted solicitations prohibited.
A. It is unlawful for any person to go upon, ring the bell, knock on the door of or attempt to gain admission to the premises of any residence, dwelling or apartment in the City where the owner, adult occupant or other person in control thereof has expressed his or her objection to such activity either by explicit instructions, oral or written, or by posting a sticker or sign indicating the location is listed on the City’s “Do Not Knock” registry pursuant to Section 5.44.080, or by posting a sign or decal bearing the words “No Solicitation” or words of similar import, unless prior to such entry, bell ringing or knocking, such person has been requested or invited by the owner or adult occupant or other person in control of the premises to be thereupon for such purpose.
B. Activities related to a service requested by the owner or occupant of the property and undertaken in the ordinary course of business, including but not limited to deliveries of utility notices, telephone directory deliveries, regular newspaper deliveries, work order notices and service inquiries, are presumed to be requested or invited for the purpose of this section. (Ord. 1484 § 2 (part), 2015)
5.44.110 Abusive activity prohibited.
No person shall engage in abusive solicitation. Such abusive activity shall mean to do one or more of the following while soliciting or immediately thereafter:
A. Coming closer than three feet to the person solicited unless and until the person solicited indicates he or she wishes to make a purchase or otherwise receive the solicitation;
B. Blocking or impeding the passage of the person solicited;
C. Repeating the solicitation after the person solicited has indicated his or her objection to the solicitation;
D. Following the person solicited by proceeding behind, ahead or alongside such person after the person has indicated his or her objection to the solicitation;
E. Threatening the person solicited with physical harm by word or gesture;
F. Abusing the person solicited with words that are offensive and inherently likely to provoke an immediate violent reaction; or
G. Touching the solicited person without the solicited person’s verbal consent. (Ord. 1484 § 2 (part), 2015)
5.44.120 Sound-making and sound-amplification devices prohibited.
A. It is unlawful for any person, while soliciting, to shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound-amplifying system upon any public streets, alleys, parks or public places of the City or upon any private property where such sound exceeds the City’s noise standards as set forth in Section 18.21.050.
B. No person who uses an automobile or other vehicle for purposes of soliciting shall operate or permit the operation of any sound-amplification system which can be heard outside the automobile or other vehicle to advertise, to draw attention to the presence of the automobile or other vehicle, or to communicate commercial information to the general public when such automobile or vehicle is moving, stopped, idling or parked upon any public or private street, except to request emergency assistance or warn of a hazardous situation.
C. This section shall not apply to authorized emergency vehicles or vehicles operated by public utilities or to vehicles participating in a special event authorized by the City. (Ord. 1484 § 2 (part), 2015)
5.44.130 Locations—Solicitations prohibited.
It is unlawful for any person to solicit when the person solicited is in any of the following locations:
A. A marked bus stop;
B. Public transportation vehicles or facilities;
C. Public parking lots or parking structures;
D. Outdoor dining areas of restaurants or other dining establishments serving food for immediate consumption; or
E. Within fifty feet of an automated teller machine. (Ord. 1484 § 2 (part), 2015)
5.44.140 Permissible hours for soliciting.
It is unlawful for any person, while soliciting, to go upon, ring the bell, knock on the door of or attempt to gain admission to the premises of any residence, dwelling or apartment in the City after eight p.m., or earlier than nine a.m., unless such person has been requested or invited by the owner or adult occupant of the premises to be thereupon for such purposes. (Ord. 1484 § 2 (part), 2015)
5.44.150 Enforcement.
A. The applicant or solicitor shall be responsible for the conduct of all persons as defined in Section 5.44.020(F) acting with or on the behalf of the applicant or solicitor during the course of operating under the permit. All persons found working, helping, volunteering or in any way assisting in the activities for which the permit was granted shall be considered employees of the applicant or solicitor. Any act or omission of any person acting with or on the behalf of the applicant or solicitor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the applicant or solicitor for purposes of determining whether the applicant’s or solicitor’s permit shall be granted, denied, renewed or revoked.
B. Any violation of this chapter is a misdemeanor as provided in Chapter 1.20. The City Attorney may elect to charge such violations as an infraction as provided in Chapter 1.20.
C. Violations shall result in revocation of a solicitation permit and such person as defined in Section 5.44.020(F) shall be ineligible to receive a new solicitation permit for a period of one year from the date of revocation.
D. If any section, subsection, clause or phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this chapter. (Ord. 1484 § 2 (part), 2015)