Chapter 14
TRAVELING MERCHANTS*
Sections:
5-14.01 Permits and licenses required.
5-14.04 Investigations and Notice of Decision.
5-14.06 Individual permit required.
5-14.07 Soliciting near schools and public parks.
5-14.08 Soliciting at public parks.
5-14.09 Soliciting at businesses.
5-14.10 General conditions of operation.
5-14.11 Additional conditions for non-motorized mobile street vendors.
5-14.12 Additional conditions for motorized mobile street vendors.
5-14.14 Duty of police officers to enforce.
5-14.15 Enforcement Authority.
5-14.16 Duty of Watsonville Police Department Property and Evidence.
5-14.17 Violations: Costs of equipment removal to be paid by owner.
* Chapter 14 entitled “Itinerant Merchants,” consisting of Sections 5-14.01 through 5-14.04, Recodified from Ordinance No. 545 N.C.S., repealed by Ordinance No. 697-86 C-M, effective April 10, 1986, repealed by Ordinance No. 1242-08 (CM), effective November 27, 2008.
5-14.01 Permits and licenses required.
It shall be unlawful for any traveling merchant, as defined in Section 5-14.02, to engage in business without first obtaining the permit required by this chapter.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.02 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following words and phrases shall be used to interpret and enforce this chapter:
(a) “Fixed place of business” shall mean a commercial activity operating from an immoveable building or enclosed structure at a permanent location which complies with applicable city, state and federal regulations.
(b) “Mobile street vendor” shall mean a person conducting commercial activity from either a motorized or non-motorized vehicle offering goods for sale on a temporary, intermittent or seasonal basis in which customers approach the vehicle to make a purchase. This term includes mobile caterers, lunch wagons, eating cars, ice cream trucks, pushcarts and bicycle carts.
(c) “Permittee” shall mean the person issued a traveling merchant permit by the city.
(d) “Traveling Merchant” shall mean any person who engages in buying, selling, trading or exhibition for purchase, sale or trade of any goods, wares, merchandise or services door-to-door, street-to-street or on a temporary or intermittent basis from a location which is not a fixed place of business. Traveling Merchant includes, but is not limited to mobile street vendors and persons commonly referred to as solicitors, peddlers, hawkers, itinerant merchants, door-to-door salesman and transient vendors.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.03 Application.
An applicant for a permit under this chapter shall file with the Chief of Police a sworn application on a form provided by the City which shall include the following:
(a) The name and identity of the applicant;
(b) The permanent residence address and full local address of the applicant if different;
(c) A brief description of the nature of the business and the goods to be sold;
(d) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(e) The length of time for which the right to do business is desired;
(f) 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 at the time the application is filed, and the proposed method of delivery;
(g) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing the application, which picture shall be two (2") inches by two (2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(h) The names of two (2) responsible persons known to the applicant who can be contacted and available in case of an emergency;
(i) The fingerprints of the applicant to determine whether the applicant has been convicted of any crime involving moral turpitude and, if so, where, the nature of the crime, and the penalty;
(j) Where proposing the sale of tangible personal property that would normally be subject to sales tax if sold at retail, a copy of their California Sellers Permit issued by the State Board of Equalization;
(k) Where proposing the sale of food, a copy of valid current permit from the Santa Cruz County Environmental Health Department;
(l) Evidence of vehicle insurance for any motor vehicle involved in the business where such insurance is required by State law;
(m) Application, permit and investigation fee(s) as established by City Council by resolution from time to time;
(n) Any other information which the Chief of Police reasonably deems necessary to review the application and determine if the business will be detrimental to the public health, safety and welfare.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.04 Investigations and Notice of Decision.
Upon the receipt of a complete application, the Chief of Police will cause an investigation of the business. Written notice of decision is to be provided within fifteen (15) days of the acceptance of a complete application.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.05 Permit expiration.
Permits issued under this chapter shall automatically expire on June 30th of each year, or at the end of duration of the activity as stated by the applicant on the application form, whichever occurs first. Permit fees shall be prorated on a monthly basis.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.06 Individual permit required.
Each person engaged as a traveling merchant shall obtain a permit in accordance with this chapter. One permit is sufficient for any person engaging in more than one of the businesses defined in this chapter provided the business or activity is designated in the permit issued by the Chief of Police.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.07 Soliciting near schools and public parks.
(a) No permittee shall go to or enter an area within 500 feet of the perimeter of any public park, public or private elementary, junior high or high school between the hours of 7:00 a.m. and 5:00 p.m. on days schools are in session, for the purpose of engaging in the business for which the permit is issued except as follows:
(1) The permittee is invited by the principal of the school or other authorized district representative; or
(2) The business does not have a special attraction to children of school age.
(b) No permittee shall go to or enter an area within 500 feet of the perimeter of any public park for purposes of engaging in business for which the permit is issued.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.08 Soliciting at public parks.
No permittee shall enter a public park for the purpose of engaging in the business for which the permit is issued except where specifically authorized in writing by the Director of the Watsonville Parks and Community Services Department and/or City Council.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.09 Soliciting at businesses.
It shall be unlawful to solicit directly to patrons at a fixed place of business without the authorization of the business owner/operator.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.10 General conditions of operation.
(a) No permittee shall engage in business activity between the hours of 8:00 p.m. and 8:00 a.m., except upon invitation of the occupant or business owner.
(b) No permittee shall solicit or attempt to solicit on any premise on which a notice or sign is clearly posted prohibiting solicitations or indicating the owner or occupant desire not to be solicited.
(c) The peddling of goods, merchandise, wares or foods within a public or private parking lot is prohibited, except as otherwise provided in this chapter.
(d) The permit shall be exhibited by the permittee whenever requested by a law enforcement officer or at the request of any citizen the permittee is engaged in selling or soliciting.
(e) The permittee shall maintain a valid City of Watsonville Business License at all times.
(f) No permittee shall peddle goods from any motorized vehicle that is not properly licensed and insured as required by the State of California.
(g) Any permittee engaged in the sale of tangible personal property that would normally be subject to sales tax if sold at retail shall maintain and have available for review, their California Sellers Permit issued by the State Franchise Tax Board.
(h) No permittee shall intentionally or deliberately obstruct the free movement of any member of the public on any sidewalk, street or public place.
(i) No permittee shall peddle items or solicit to a captive audience including persons in lines or seated in public places.
(j) No permittee shall peddle any food unless the items have all state and federally required food labels and a Santa Cruz County Environmental Health permit, to sell such items.
(k) Except as otherwise provided, no permittee shall peddle any goods, merchandise, wares or foods by sitting, standing or walking on a public street, or upon a median or parkway within a public street or right-of-way.
(l) No permittee shall peddle or attempt to peddle to the occupant(s) of a vehicle in a public street or highway.
(m) Except as otherwise provided in Section 5-14.09, the peddling of goods, merchandise, wares or foods shall be limited to residential areas and limited to no more than five (5) minutes in a single location. Regardless of the length of time standing or parked at a location, the permittee shall relocate a minimum 200 feet in any direction from the previous location.
(n) Storage of goods, wares, and merchandise associated with a Traveling Merchant Permit shall not reduce the number of required parking spaces at any residence or commercial establishment located in the City limits.
(o) The permittee shall comply with all California State Vehicle Code Requirements.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.11 Additional conditions for non-motorized mobile street vendors.
(a) The peddling of goods, merchandise, wares or foods from a non-motorized vehicle with the exception of bicycle carts shall be limited to the public or private sidewalk. Except for bicycle carts peddling is prohibited from or within a public street or highway.
(b) The use of amplified music and horns is prohibited.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.12 Additional conditions for motorized mobile street vendors.
(a) No permittee shall stand or park any motorized vehicle for more than ten (10) minutes in any particular location, nor shall any peddler stand or park any motorized vehicle in violation of any City ordinance or parking regulation.
(b) The permittee shall comply with Section 4-5.1015 of the Watsonville Municipal Code, Parking by peddlers, vendors, and mobile caterers.
(c) Ice cream trucks and vans shall be subject to annual inspection by the Watsonville Police Department to confirm compliance with ice cream truck signage and safety requirements under the California Motor Vehicle Code.
(d) With the exception of ice cream trucks, motorized mobile street vendors shall only operate in industrial areas of the City.
(e) The permittee may not park, store or maintain a vehicle on a residentially zoned parcel in the City or a public street in a residential area.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.13 Exceptions.
The provisions of this chapter shall not apply to:
(a) Persons invited to call upon private residences or businesses that operate from a fixed place of business located in or outside the City limits;
(b) Persons selling or soliciting sales of daily or weekly newspaper as defined by Section 6040.5 of the California Government Code;
(c) Persons soliciting or canvassing on behalf of or against any candidate for public office or any ballot initiative;
(d) Persons engaged in selling or soliciting sales as a fund raiser for a local school, civic or non-profit corporation. For the purposes of this section, local shall mean within a seven (7) mile radius of the City limits; or
(e) Persons engaged in religious solicitation or other protected religious activities.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.14 Duty of police officers to enforce.
It shall be the duty of any police officer of the City to require any person engaged in activity requiring a traveling merchant permit, and who is not known by such officer to have a permit, to produce his traveling merchant permit and to enforce the provisions of this chapter against any person found to be violating such provisions.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.15 Enforcement Authority.
The police officer, police service specialist or anyone so designated by the Chief of Police has the authority to issue a citation for any of the solicitor’s violations incurred and they have the authority to confiscate the property that is being sold and the property, item(s) or mechanism that facilitates the selling of such property (ice cream carts, carts, balloons, flowers, clothing, etc.). Perishable items may not be confiscated.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.16 Duty of Watsonville Police Department Property and Evidence.
If a police officer, police service specialist, or anyone so designated by the Chief of Police issues a citation for any of the solicitor’s violations and confiscates the property, item(s), or mechanism that facilitates the selling of such property, it shall be the duty of the Watsonville Police Department Property and Evidence personnel to retain such property for thirty (30) days as evidence. Upon the paying of the citation, the owner of the property and/or the violator may request his property to be returned. If the citation is not cleared with the Court System, within thirty (30) days, property personnel shall dispose of the property either by destruction or by auction.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.17 Violations: Costs of equipment removal to be paid by owner.
(a) Any cost incurred by the City in the confiscation of any equipment pursuant to the provisions of this chapter shall be paid by the owner of the equipment, or the lessee. Any equipment confiscated by the Police Department shall be stored in the City Corporation Yard and shall be claimed within thirty (30) days after such equipment was confiscated provided any cost of removal has been paid to the City. If exigent circumstances prevent prompt release of the equipment, the storage fee shall be calculated at the time demand for release was made.
(b) A fee, as established by resolution of the City Council, hereinafter called the “Traveling Merchant Equipment Impound Release Fee” shall be paid to the Watsonville Police Department, as a condition of release of equipment impounded pursuant to this chapter. Said fee is to be used to reimburse the City for the cost of administering collection, storage and release of impounded equipment.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.18 Revocation.
(a) Permits issued under this chapter may be revoked by the Chief of Police after a notice and hearing for any of the following causes:
(1) Fraud, misrepresentation, or a false statement made in the course of carrying on business as a solicitor or canvasser;
(2) Any violation of this chapter;
(3) The conviction of any crime or misdemeanor involving moral turpitude; or
(4) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(b) Notice of the hearing for the revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by first class mail to the licensee at his last known address at least five (5) days prior to the date set for the hearing.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)
5-14.19 Appeals.
Any person aggrieved by the action of the Chief of Police in the denial, voiding or revocation of a permit as provided in this chapter shall have the right of appeal to the Council. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal, and a notice of such hearing shall be given to the appellant.
(§ 1, Ord. 1242-08 (CM), effective November 27, 2008)