CHAPTER 25. PEDDLERS, HAWKERS, AND OTHER ITINERANT VENDORS

ARTICLE 1. GENERAL PROVISIONS

6-25-1000 APPLICATION OF GENERAL PROVISIONS:

Unless the provisions of this Chapter provide otherwise, all of the provisions of Chapter 1 of this Part are applicable to the licenses referred to in this Chapter.

(Added by Ord. No. 3390, effective 8-20-09)

6-25-1010 DEFINITIONS:

The following words and phrases, as used in this Chapter, shall have the following meanings:

(a)    "Established place of business" means a geographically fixed location.

(b)    "Peddler" means a person who travels about selling previously fabricated or prepared food, produce, or wares for contemporaneous delivery. "Peddler" includes "hawker" and "other itinerant vendor."

(c)    "Previously fabricated or prepared" means manufactured, prepared, raised, or otherwise produced in final form at an established place of business.

(d)    "Vehicle" includes, but is not limited to, any vehicle capable of being moved as a mode of transport by human, animal, mechanical, or motor power.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-25-1020 LICENSE REQUIRED:

Any person engaging in, or vehicle used in, the business of a peddler, shall have a valid license to engage in or be used in such business.

(Added by Ord. No. 3390, effective 8-20-09)

6-25-1030 EXCEPTIONS TO LICENSE REQUIREMENT:

This Chapter shall not apply to any of the following persons:

(a)    Any person who has a permanent established place of business in the unincorporated area of the County at which food, produce, or wares are produced, prepared, displayed, or sold, or the employees of any such person.

(b)    Any farmer who sells produce owned and grown or raised by the farmer, or any of the farmer’s employees who peddle such produce on the farmer’s behalf.

(c)    Any bona fide charitable, patriotic, educational, benevolent, or fraternal organization that engages in the peddling business if the proceeds from such business, above normal expenses, are to be used exclusively in carrying out the purposes of the organization.

(d)    Any commercial traveler selling food, produce, or wares on a wholesale basis.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-25-1040 FORM OF LICENSE:

A license shall contain the information required by Chapter 1 of this Part, and in addition shall contain the following information:

(a)    A description of the individual vehicle authorized by the license to be used in the peddling business. The description shall be sufficient to identify the vehicle with particularity, such as the cart number or letter for a non-motorized vehicle, or the license and registration numbers for a motor vehicle.

(b)    The name, description, and mailing address of the licensee.

(c)    A statement that the license applies only to the person whose name appears on the face of the license.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-25-1050 DISPLAY OF LICENSE:

The provisions of section 6-01-1120 of Chapter 1 of this Part shall not apply to a license issued pursuant to this Article.

Peddlers shall display their licenses prominently upon the vehicle or other sales surface so that the license is visible to any County official or to any person with whom they transact business.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-25-1060 DISPLAY OF NAME OF LICENSEE:

It shall be unlawful for any licensee to use, or allow to be used, any vehicle in the peddling business, unless such vehicle shall bear, on both sides thereof, in contrasting letters identifying information of the type described in Health and Safety Code section 114299, in the respective sizes required by that statute.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 2. APPLICATION; FEES

6-25-2000 APPLICATION: FORM:

In addition to the information required under Chapter 1 of this Part, an application for a license under this Chapter shall contain the following information:

(a)    A description of the individual vehicle that will be used in the peddling business for the conveyance of food, produce, or wares. Said description shall include the license and registration numbers of any motor vehicle or other individual identifying information, such as a cart number or letter, for a nonmotorized vehicle, advertising or business markings on the exterior of the vehicle, and the capacity and nature of the storage facilities within the vehicle.

(b)    A description of the geographic area where the business will take place.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-25-2010 INVESTIGATION OF APPLICANT:

(a)    The Health Officer shall investigate applications filed by applicants involved in retail food sales, or dispensing food or beverages for human consumption. The license collector, upon receipt of a complete application and payment of the appropriate fee or fees, shall file a copy of the application with the Health Officer who shall, within the time provided in Chapter 1 of this Part, investigate, determine and report to the license collector whether operation of the business or proposed business complies or will comply with the applicable food, health, safety and sanitation laws, ordinances, and regulations. As part of this investigation, the applicant shall bring all vehicles described in this Chapter to a location designated by the Health Officer for inspection.

(b)    Applications filed by applicants who wish to sell items not subject to review by the Health Officer shall be investigated as provided in Chapter 1 of this Part.

(c)    By filing an application, the applicant and all persons referred to in subdivision (e) of section 6-01-2000 shall be deemed to have waived any and all objections to, and to have thereby authorized, any and all investigations concerning their business history, past employment, and property ownership.

(d)    The provisions of section 6-01-2020 of Chapter 1 of this Part relating to fingerprinting and photographing shall not apply to applicants for licenses issued under this Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-25-2020 LICENSE FEES:

An annual license fee shall be paid for each vehicle proposed to be used by the licensee. The license collector shall issue a separate license in the name of the licensee for each vehicle for which an additional license fee has been paid pursuant to this section. The amount of the fee shall be set from time to time by resolution of the Board of Supervisors.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-25-2030 LICENSE FEES: EXCEPTIONS:

(Added by Ord. No. 3390, effective 8-20-09)

Repealed by Ord. No. 3490.

ARTICLE 3. RESTRICTIONS ON OPERATIONS

6-25-3000 HOURS OF BUSINESS:

It shall be unlawful for any peddler to peddle, hawk, or vend any food, produce or wares away from an established place of business between the hours of 9:00 p.m. of any day and 5:00 a.m. of the following day.

(Added by Ord. No. 3390, effective 8-20-09)

6-25-3030 IDENTIFICATION:

All peddlers shall carry identification enabling the County to determine that the person purporting to be a licensed peddler is in fact the licensed person.

(Added by Ord. No. 3490, effective 2-25-16)