Chapter 5.28
PEDDLERS, SOLICITORS AND CANVASSERS
Sections:
5.28.010 Findings – Purpose.
5.28.020 Definitions.
5.28.030 Applicability.
5.28.040 Exceptions.
5.28.050 Registration and permit requirements.
5.28.060 Application investigation.
5.28.070 Bond required.
5.28.080 Permit – Term – Renewal.
5.28.090 Permit – Denial – Issuance.
5.28.100 Permit – Denial – Appeal.
5.28.110 Permit – Revocation – Grounds.
5.28.120 Permit – Revocation – Appeal.
5.28.130 Identification requirements.
5.28.140 Certain activity prohibited.
5.28.150 Effect on conflicting provisions.
5.28.010 Findings – Purpose.
The city council finds that the unregulated practice of solicitation, canvassing, and peddling can be a nuisance in that:
A. If activity is carried on at night it may cause annoyance to residents and intrude into their privacy;
B. The methods used by some of those engaged in the activity can cause apprehension;
C. The activity is one which can be used as a front or cover for gaining access to premises for the purpose of engaging in criminal activity;
D. The nature of the activity permits those engaged in it to leave the city before they become widely known and enables them to avoid complying with the law; and
E. Persons engaged in this activity may be nonresidents and with no fixed or permanent place of business and the regulation of them through the licensing for business does not give the city sufficient control to correct the abuses in this activity.
Based on these findings, the council concludes that the unregulated and uncontrolled activity of solicitation, canvassing, and peddling affects the welfare of the city and is a public nuisance. It is the purpose of this chapter to define the activity sought to be regulated; to impose upon those seeking to engage in it conditions and requirements which will permit the city to protect the welfare of its citizens, and to prevent intrusion into their privacy; and to regulate the activity to prevent abuses of it. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-401).
5.28.020 Definitions.
In this chapter, unless the context otherwise requires, the following terms shall be defined as follows:
A. “Charitable solicitation” means the act of going from place to place for any reason in connection with one of the following purposes: patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal. The term does not include solicitation carried on for a bona fide political or religious purpose.
B. “Peddler” means one who engages in the act of peddling.
C. “Peddling” is the act of going from place to place, carrying or transporting goods of any kind and offering them for sale, or making sales and deliveries to purchasers. “Peddling” includes hawking.
D. “Solicitation” or “canvassing” means the act of going from place to place in the city for the purpose of displaying or taking orders for the sale of goods for future delivery, or for services to be furnished.
E. “Solicitor” or “canvasser” means a person who engages in the conduct of solicitation or canvassing.
F. “Tax collector” means the city manager or his authorized representative. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-402).
5.28.030 Applicability.
A person who desires to solicit in the city for a charitable purpose is subject to the provisions of this chapter. Except as to BMC 5.28.140(B), this chapter does not apply to a person who goes from place to place for any reason in connection with a bona fide political or religious purpose. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-403).
5.28.040 Exceptions.
This chapter does not apply to a person who:
A. Solicits orders for products sold on an established route such as ice, bakery or dairy products route;
B. Solicits orders from retail dealers on behalf of a wholesaler, jobber or manufacturer;
C. Solicits for a bona fide political or religious purpose;
D. Is a resident of the city under 15 years of age;
E. Participates as a vendor in craft fairs/flea markets that are duly licensed in accordance with the provisions of BMC 5.04.210(B). (Ord. 96-4 N.S.; Ord. 72-6 N.S. § 4, 1972; prior code § 5-413).
5.28.050 Registration and permit requirements.
A. Each person who desires to solicit, canvass or peddle in the city shall file with the tax collector a sworn registration application on a form furnished by the tax collector. The applicant shall give the following information:
1. Name and description;
2. Permanent home address and local address;
3. If employed, the name and address of the employer, together with credentials establishing the relationship;
4. A brief description of the nature of the business and the goods to be sold;
5. The length of time for which the permit is sought;
6. Three photographs and a letter of reference from each of three reliable citizens attesting to the applicant’s good character sufficient to enable an investigator to evaluate his character and business responsibility;
7. Fingerprints of the applicant;
8. A statement as to whether the applicant has been convicted of a crime or violation of a local agency ordinance, and the nature of the offense and penalty imposed for it.
B. If the tax collector knows the applicant sufficiently to be able to evaluate his character and responsibility without the information from subsections (A)(6) and (A)(7) of this section, the tax collector need not require the applicant to furnish that information.
C. A one-time background security check fee for peddlers/solicitors that covers the cost of a Department of Justice records review, a Federal Bureau of Investigation (FBI) records review, and fingerprinting process, shall be charged to the peddler/mobile food service vendor applicant. The amount of this fee shall be established, and may be adjusted as necessary, by resolution of the city council of the city of Benicia. (Ord. 96-4 N.S.; Ord. 72-6 N.S. § 4, 1972; prior code § 5-404).
5.28.060 Application investigation.
Upon receipt of an application, the tax collector shall make an investigation of the applicant’s business and moral character. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-405).
5.28.070 Bond required.
A. The tax collector may require each applicant to post a bond if he:
1. Proposes to engage in temporary solicitation, canvassing, or peddling; and
2. Does not have a permanent place of business or residence in the city; or
3. Has not continuously conducted business at a permanent place in the city or resided in the city for a period of six months immediately preceding the filing of an application for a registration permit.
B. The applicant shall file the bond with the tax collector. The bond shall be in the amount of $500.00 with a surety company acceptable to the city. The condition of the bond shall be that the applicant will comply with all ordinances and regulations of the city. A person aggrieved or damaged by the action of the applicant has a right of action on the bond for recovery of money or damages. The bond shall remain in effect for a period of 30 days following the expiration of the permit.
C. A bond shall not be required of persons engaged solely in the business of soliciting orders for goods to be shipped from out of state. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-408; amended during 1980 codification).
5.28.080 Permit – Term – Renewal.
A. A registration permit authorizes the holder to engage in solicitation, canvassing, or peddling described in the application for a period of not more than one year. The tax collector may specify a shorter effective period.
B. A permit holder may renew the permit by filing an application for renewal upon a form prescribed by the tax collector. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-410).
5.28.090 Permit – Denial – Issuance.
A. If the tax collector finds that the applicant’s character or business responsibility, or both, is unsatisfactory, or that an officer of the organization has been convicted of a crime involving moral turpitude, the tax collector shall refuse to issue the permit. The tax collector shall notify the applicant of his decision in writing within 15 days after the application is filed. The decision is final 10 days from the date that notice of denial is given.
B. If the tax collector finds that the applicant’s character or business responsibility, or both, is satisfactory, he shall approve the registration permit and recommend the issuance of a business license. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-406).
5.28.100 Permit – Denial – Appeal.
A person aggrieved by the decision of the tax collector may appeal the decision in accordance with Chapter 1.44 BMC. (Ord. 07-32 § 1; Ord. 72-6 N.S. § 4, 1972; prior code § 5-407).
5.28.110 Permit – Revocation – Grounds.
A. The tax collector may revoke the registration permit of a solicitor, canvasser, or peddler on one or more of the following grounds:
1. Fraud, misrepresentation, or false statement made in the course of solicitation, canvassing or peddling;
2. Fraud, misrepresentation, or false statement contained in the application for registration permit;
3. Violation of any ordinance or regulation of the city;
4. Conviction of a crime or misdemeanor involving moral turpitude; or
5. Conducting the business of soliciting, canvassing or peddling in an unlawful manner or in a manner which is a breach of the peace or a nuisance or is a menace to the health, safety or general welfare of the public.
B. The revocation takes effect three days after the tax collector mails notice of revocation to the applicant. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-411).
5.28.120 Permit – Revocation – Appeal.
A person aggrieved by the action of the tax collector in revoking a registered permit may appeal the action in accordance with Chapter 1.44 BMC. During the appeal, the permit is suspended and the solicitor or peddler may not conduct his or her business in the city. (Ord. 07-32 § 2; Ord. 72-6 N.S. § 4, 1972; prior code § 5-412).
5.28.130 Identification requirements.
Each solicitor, canvasser and peddler shall wear an identification card issued by the tax collector while engaged in solicitation, canvassing or peddling. The card shall be affixed to the clothing so that it is easily visible. In addition, each solicitor, canvasser, or peddler shall carry the permit, and shall exhibit it at the request of any citizen. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-409).
5.28.140 Certain activity prohibited.
No person may solicit, canvass or peddle in the city:
A. Without a registration permit;
B. Before the hour of 9:00 a.m. of any day and after the hour of 8:00 p.m. of any day;
C. Upon the premises posted with a sign stating in substance that no solicitors or canvassers are permitted. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-415).
5.28.150 Effect on conflicting provisions.
This chapter does not repeal, amend or modify the provisions of this code relating to business licenses. This chapter is a regulatory chapter and is not intended as a revenue raising measure. To the extent that this chapter conflicts with or duplicates the business license provisions of Chapter 5.04 BMC, this chapter controls. (Ord. 72-6 N.S. § 4, 1972; prior code § 5-414).