Chapter 3.03
SOLICITORS
Sections:
3.03.020 Application for license.
3.03.030 Health certificates required, food vendors.
3.03.040 Police Chief investigation.
3.03.080 Conditions of license.
3.03.090 Entry on premises prohibited.
3.03.100 Solicitation days and times.
3.03.110 Do not disturb registry.
3.03.120 Revocation of license.
3.03.010 License required.
No person except a person having a fixed place of business as provided in Chapter 3.01 NCC shall engage in the business of hawking, peddling or vending, at retail, any goods, wares, merchandise, pictures, foodstuffs, services or advertising from door to door, or from or upon or with a vending cart (NCC 3.14.020) or vehicle, either by sample or by taking or soliciting orders for immediate delivery, or for delivery in the future, without first obtaining a license as provided in this chapter. (Ord. 2020-1 § 1, 1-28-2020; Ord. 2014-8 § 1, 10-14-2014; Ord. 115, 1-12-1932)
3.03.020 Application for license.
A. Any person desiring to obtain a license to engage in the business of hawking and peddling, or vending, shall make an application for a solicitor’s license. The application for a license shall contain the following items, together with such additional information as the City may require:
1. Full name, permanent address, local address (if different), age and occupation of the applicant at the time of filing the application.
2. The name of the person, firm or corporation represented, if any, together with the address of the central or district office.
3. A list or general description of the article or articles to be sold or offered for sale.
4. The proposed method of delivery to buyers, whether by weight, package or otherwise, and whether the delivery will be made personally or by mail or in what manner.
B. Each applicant shall file with the application two copies of a recent photograph or government issued identification. Disposition of photographs shall be made as hereinafter provided. (Ord. 2014-8 § 1, 10-14-2014; Ord. 96-3, 5-28-1996; Ord. 115, 1-12-1932)
3.03.030 Health certificates required, food vendors.
Each applicant who proposed to vend anything to be used as food shall file a certificate from the Health Officer stating that the applicant is free from communicable, contagious, infectious, loathsome or dangerous disease. Each certificate shall be granted only after a careful examination by a licensed physician of good repute residing within the City, said examination to include all tests and other measures necessary to establish the fact that the individual is free from such disease. The Health Officer may accept a certified statement from a physician residing elsewhere in this State when, in his judgment, the qualifications of the physician and the nature of the examination meet the requirements of this section. Such certificate shall bear a date within six months prior to the date of filing the application. The Health Officer shall not be required to make such examination except upon payment of his customary fees therefor. (Ord. 2014-8 § 1, 10-14-2014; Ord. 115, 1-12-1932)
3.03.040 Police Chief investigation.
The City shall also have the right to require that the applicant shall establish his identity with the Chief of Police; including but not limited to fingerprints of the applicant, and such other identification as he shall deem necessary. (Ord. 2014-8 § 1, 10-14-2014; Ord. 115, 1-12-1932)
3.03.050 License fees.
A. For each license issued under the provisions of this chapter, the applicant shall pay the appropriate fee as set forth under NCC 3.01.180.
B. Those exempt from paying a license fee are:
1. Veterans exempted by State law will not be required to pay a fee, but must fulfill the other requirements of this chapter.
2. Peddlers, solicitors and hawkers engaged in interstate commerce and who are by law exempt from payment of license fees by virtue of the fact that they are engaged in interstate commerce shall not be required to pay the license fees provided by this chapter, but shall be required to comply with all of the other provisions thereof, and they shall in addition thereto supply the City with an affidavit establishing their right to exemption from the payment of fees hereunder.
C. The City shall collect the appropriate fee before issuing the license, except as otherwise provided. (Ord. 2014-8 § 1, 10-14-2014; Ord. 96-3, 5-28-1996; Ord. 115, 1-12-1932. Formerly 3.03.060)
3.03.060 Issuance of license.
A. Upon receipt of the application, together with the accompanying documents, and the appropriate fees, and being satisfied that all the requirements of this chapter are met, the City shall issue a license in writing to such applicant, in compliance with the following requirements:
1. No license shall be granted to any minor.
2. The license shall be issued in duplicate and the duplicate shall be filed in the office of the Clerk.
3. One of the photographs submitted by the licensee shall be firmly affixed to each copy and stamped with the Clerk’s seal.
4. Each licensee, upon receipt of said license, and in the presence of the City Clerk or his or her designee, shall affix his signature upon the license, accepting the license under all the conditions, and agreeing to the suspension and revocation of said license, should any of said conditions or regulations be violated.
5. No licensee shall alter, remove or obliterate any entry made upon such license, or deface such license in any way. Each license shall be personal and not assignable or transferable, nor shall any license be used by any person other than the licensee.
The violation of any of the provisions of this subsection shall be considered grounds for the summary suspension and revocation of the license, in addition to the criminal penalties provided therefor.
6. Each licensee shall carry his license at all times while he is engaged in the conduct of the business of hawking and peddling. Such licensee shall exhibit his license upon the request of any officer of the City or of any police officer or of any other citizen. Refusal to exhibit a license shall be prima facie evidence of failure to obtain a license.
B. The City Finance Department, as needed or requested by the City Council or Chief of Police, shall render a report of all licenses issued under the terms of this chapter. (Ord. 2014-8 § 1, 10-14-2014; Ord. 115, 1-12-1932. Formerly 3.03.070)
3.03.070 Exemptions.
The provisions of this chapter shall not apply to any person soliciting on behalf of any religious, charitable, educational, or political organization or to any person who is exempt from the provisions of this chapter by virtue of the Constitution or statutes of the United States of America or of the State of California. (Ord. 2014-8 § 1, 10-14-2014)
3.03.080 Conditions of license.
The following conditions and regulations shall also apply to the exercise of the privileges granted by licenses issued under the provisions of this chapter, in addition to those set forth herein or elsewhere in this City Code:
A. No licensee shall shout or call his wares in a loud, boisterous or unseemly manner, or to the disturbance of citizens or dwellers in the City nor shall any licensee use any horn or bell or other noise-making device to call attention to his wares.
B. Every licensee, upon the request of any police officer or other officer of the City, shall sign his name for comparison with the signature upon the license application.
C. Any licensee who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered, the amount paid or deposited and the amount to be paid on or after delivery. One copy shall be given to the customer.
D. No licensee shall stop or remain in any one place upon the streets, alleys or public places in the City longer than necessary to make a sale to a customer wishing to buy, except by permission of the Police Department, nor shall any licensee stop or remain upon any private property within the City without the consent of the owner thereof or some person having authority to grant such permission. (Ord. 2014-8 § 1, 10-14-2014. Formerly 3.03.090)
3.03.090 Entry on premises prohibited.
It shall be unlawful for any solicitor or person pretending to be a solicitor for the purpose of selling or pretending to sell or peddle any goods, wares, merchandise or any article, material or substance, or any solicitor or any person pretending to be a solicitor for the purpose of soliciting orders for any article, material or substance of whatsoever kind, to ring the bell or knock at the door of any residence or dwelling whereon a sign bearing the words “No Solicitors,” “No Solicitation” or words of similar import, is painted or affixed so as to be exposed to public view, or to peddle or pretend to peddle, or to solicit or pretend to solicit orders of any goods, wares or merchandise or any article, material or substance in any building whereon or wherein a sign bearing the words “No Solicitors,” or words of similar import, is painted so as to be exposed to public view. (Ord. 2014-8 § 1, 10-14-2014; Ord. 130, 11-23-1937; Ord. 115, 1-12-1932. Formerly 3.03.100)
3.03.100 Solicitation days and times.
A. It is unlawful for any person to peddle or solicit before dawn or after dusk from Monday through Saturday.
B. Peddling and soliciting on Sundays is prohibited. (Ord. 2014-8 § 1, 10-14-2014)
3.03.110 Do not disturb registry.
Occupants of residential properties may annually request to have their addresses included on a registry of residential properties whose occupants do not wish to receive unsolicited handbills or solicitation.
A. The Finance Department shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Finance Department that soliciting is not permitted on the premises (hereinafter referred to as the “No Soliciting” Registry).
B. Registration shall be by completion of a form available at City Hall during normal business hours and shall be valid through the calendar year.
1. New registrants shall be effective on the next month’s list.
2. The annual “No Soliciting” registry will reset annually on January 1st.
3. Those wishing to renew their registration shall either annually submit a written request to remain on the registry or re-apply.
C. The current list shall be effective on the first day of each month.
1. If the first of the month falls on a weekend or holiday, the list shall be made available on the first following business day.
D. Solicitors shall obtain the current “No Soliciting” registry at the time of business license issuance.
E. Solicitors shall obtain an updated version of the “No Soliciting” registry on the first of each month from the Finance Department or City website.
F. Solicitors shall not solicit at any premises identified on the then current “No Soliciting” registry. (Ord. 2014-8 § 1, 10-14-2014)
3.03.120 Revocation of license.
A. Any police officer shall have power to suspend and take up the license and badge issued under the terms of this chapter, of any licensee found violating any of the express terms under which the said license was granted and accepted, or any ordinance of the City. Such suspension shall be reported at once to the Chief of Police and by him to the Clerk.
B. In case the license is revoked for violation of the express conditions and regulations under which it was granted, the full amount of the fee paid therefor shall be forfeited to the City, and no licensee shall have a right to refund of any part of said fee. (Ord. 2014-8 § 1, 10-14-2014; Ord. 115, 1-12-1932. Formerly 3.03.110)
3.03.130 Violation, penalty.
Any person who engages in the business of hawking, peddling, vending or soliciting, according to the provisions of this chapter, without a license, or who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor1 and/or infraction and shall be subject to criminal prosecution and/or administrative citation as referenced in NCC Title 8, Health and Sanitation, Chapters 8.05 and 8.06 NCC. (Ord. 2014-8 § 1, 10-14-2014; Ord. 77-25, 9-1977; Ord. 115, 1-12-1932. Formerly 3.03.120)
See NCC 1.04.010.