Chapter 5.44
PEDDLERS
Sections:
5.44.010 House-to-house soliciting, peddling prohibited.
5.44.060 Special community events.
5.44.070 Violation—Misdemeanor.
5.44.010 House-to-house soliciting, peddling prohibited.
The practice of going in and upon private residences in this city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for the sale of goods, wares, merchandise, contracts of insurance or contracts or services present or future and for the purpose of disposing of and peddling or hawking the same, is declared to be a nuisance, and punishable as such nuisance as an infraction. (Ord. 579 § 1, 1978: prior code § 2341)
5.44.020 Enforcement.
The chief of police and police force of this city are required and directed to suppress the same, and to abate any such nuisance as is described in Section 5.44.010. (Prior code § 2342)
5.44.030 Definitions.
For purposes of the succeeding sections:
A. “Motor vehicle” means any vehicle used for the displaying, storing or transporting of articles offered for sale by a vendor which is required to be licensed and registered by the department of motor vehicles.
B. “Stand” means any table, showcase, bench, rack, pushcart, wagon or any other wheeled vehicle or devise which may be moved without the assistance of a motor and which is not required to be licensed and registered by the department of motor vehicles, used for the displaying, storing or transporting of articles offered for sale by a vendor.
C. “Vendor” means any person engaged in the selling, or offering for sale, of food, beverages, or merchandise on the public streets or sidewalks, from a stand or motor vehicle or from his person. (Ord. 641 § 2 (part), 1982)
5.44.040 License required.
It shall be unlawful to sell or offer for sale, any food, beverage or merchandise on any street or sidewalk within the city without first obtaining a license therefor. (Ord. 641 § 2 (part), 1982)
5.44.050 Applications.
The license required by Section 5.44.040 shall be issued in accordance with Chapter 5.12. The application for a vendor’s license shall include, in addition to the information required in Section 5.12.050:
A. The name, home and business address of the applicant, and the name and address of the owners, if other than the applicant, of the vending business, stand or motor vehicle to be used in the operation of the vending business;
B. A description of the type of food, beverage or merchandise to be sold;
C. A description and photograph of any stand or motor vehicle to be used in the operation of the business, including the license and registration number of any motor vehicle used in the operation of the business;
D. Three prints of a full-face photograph, taken not more than thirty days prior to the date of the application, of any person who will sell or offer for sale any food, beverage or merchandise on any street or sidewalk within the city;
E. Proof of an insurance policy, issued by an insurance company licensed to do business in the state of California, protecting the licensee and the city from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the license. Such insurance shall name as additional insureds, the city and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without thirty days advance written notice to the city. (Ord. 641 § 2 (part), 1982)
5.44.060 Special community events.
Notwithstanding any other provisions of this chapter, no person, either as principal or agent, excepting veterans as provided in Section 5.04.060, shall be permitted to hawk, sell, vend, or peddle food, drinks, goods, wares or merchandise on any public street, in any public right-of-way, or on any public property, excepting therefrom those areas and times that may be specifically designated for such purposes by the city manager, on any of the days that are designated as community events. (Ord. 641 § 2 (part), 1982)
5.44.070 Violation—Misdemeanor.
Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished accordingly, as set forth in Section 1.16.015 of this code. (Ord. 96-2 § 4, 1996: Ord. 641 § 2 (part), 1982)