Chapter 5.28
PEDDLERS AND SOLICITORS
Sections:
5.28.010 Definitions.
5.28.020 Permit required for peddlers and solicitors.
5.28.030 Application for permit.
5.28.040 Permit denial or revocation.
5.28.050 Appeals.
5.28.060 Duty to carry and exhibit permit.
5.28.070 Badges.
5.28.080 Identification required for solicitors of funds and peddlers or solicitors for nonprofits.
5.28.090 Rules and regulations.
5.28.010 Definitions.
As used in this chapter:
“Peddler” means every person selling and making immediate delivery or offering for sale and immediate delivery of any goods, wares, merchandise or thing in possession of the seller at a public place within this city or by going uninvited to the residence or place of business of any person. “Peddler” shall not include a “peddler or solicitor for nonprofit purposes.”
“Peddler or solicitor for nonprofit purposes” means a peddler or solicitor who peddles or solicits, as defined in this section, for the benefit of an organization granted tax-exempt status under the Internal Revenue Code and/or the California Revenue and Taxation Code.
“Solicitor” means any person selling or taking orders or offering to sell or take orders for goods, wares, merchandise, or things for future delivery or for services to be performed, at a public place within the city or by going uninvited to the residence or place of business of any person. “Solicitor” shall not include a “peddler or solicitor for nonprofit purposes.”
“Solicitor of funds” means any person personally requesting in a public place, or by going uninvited to the residence or place of business of any person, funds represented to be used for a charitable, welfare, educational or religious purpose. The term shall not be construed to include fund solicitations by mail or by telephone. (Ord. 02-3 § 7 (part): prior code § 11.3.010)
5.28.020 Permit required for peddlers and solicitors.
Every peddler or solicitor (not including a solicitor of funds or peddler or solicitor for nonprofit purposes) shall pay a license tax pursuant to Section 5.12.050 of this code and obtain a permit issued by the chief of police prior to peddling or soliciting, except for veterans who satisfy the requirements of the California Business and Professions Code Section 16001. (Ord. 02-3 § 7 (part): prior code § 11.3.020)
5.28.030 Application for permit.
Prior to peddling or soliciting, every person requiring a permit under Section 5.28.020 shall make written application, signed under oath, to the chief of police on forms provided by the city. Permits shall be issued for a period not to exceed twelve (12) months and may be renewed by the chief of police upon payment of applicable fees and taxes. The application shall contain the following information:
A. The name, address, and telephone number of the organization, business or person;
B. The name, address and telephone number of the person filling out the form;
C. The kind of goods offered for sale or the kind of services to be rendered;
D. The manner, dates and locations of peddling and soliciting;
E. The state resale number under which business is to be transacted;
F. Prior convictions of a crime, misdemeanor or violation of any ordinance, the nature, place and date of such offense and disposition of same;
G. A statement as to whether any city or licensing authority has ever refused to issue or renew or has revoked a license for the conduct of the business for which the permit and license is sought, together with an accurate statement of the reasons therefor;
H. Two photographs of the applicant acceptable for use on United States passports taken within the past year;
I. Such other business and personal information as the chief of police finds is reasonably necessary to protect the public. (Ord. 02-3 § 7 (part): prior code § 11.3.030)
5.28.040 Permit denial or revocation.
Permits may be denied or revoked by chief of police for any of the following reasons:
A. Fraud, misrepresentation, or any false statement made in furnishing the information required by this chapter;
B. Any violation of this chapter;
C. Conviction of the permit holder of any felony or crime involving moral turpitude;
D. Conducting the soliciting or peddling in an unlawful manner or in such manner as to constitute a breach of the peace or to be a threat to the health, safety or general welfare of the people of the city. (Ord. 02-3 § 7 (part): prior code § 11.3.040)
5.28.050 Appeals.
The decision of the chief of police may be appealed to the city manager and then to the city council pursuant to Section 1.12.180 of this code. (Ord. 02-3 § 7 (part): prior code § 11.3.050)
5.28.060 Duty to carry and exhibit permit.
The permit issued pursuant to this chapter, or a copy of the permit, must be carried by each peddler or solicitor at all times when peddling or soliciting and such person shall display the permit upon the demand of any person to whom such person is peddling or soliciting. (Ord. 02-3 § 7 (part): prior code § 11.3.060)
5.28.070 Badges.
At all times when peddling or soliciting in public, each peddler or solicitor shall wear a badge of a uniform type, subject to approval by the chief of police, stating his or her name and the name of the organization or business for which he or she is peddling or soliciting. The name of the organization or business shall be the same as disclosed under this chapter. (Ord. 02-3 § 7 (part): prior code § 11.3.070)
5.28.080 Identification required for solicitors of funds and peddlers or solicitors for nonprofits.
At all times when soliciting for funds or peddling or soliciting for nonprofits in public, each such peddler or solicitor shall carry documentation or wear clothing, such as a uniform, that evidences the name of the organization. (Ord. 02-3 § 7 (part): prior code § 11.3.080)
5.28.090 Rules and regulations.
All solicitors, peddlers, solicitors of funds and peddlers or solicitors for nonprofits shall comply with the following rules and regulations:
A. Such persons shall peddle or solicit only between nine a.m. and one-half hour after sunset or eight p.m., whichever occurs first.
B. No such person shall peddle or solicit by entering any yard, house, structure or private property where there is posted a sign stating “No Solicitors or Peddlers” or language of similar import. (Ord. 02-3 § 7 (part): prior code § 11.3.090)