Chapter 5.40
PEDDLERS*

Sections:

5.40.010    Owning taxable property in City – License tax.

5.40.020    Not owning taxable property in City – License tax.

5.40.030    License required.

5.40.040    Police regulation of peddler activity at parades and similar special events.

5.40.050    Soliciting, peddling prohibited in certain areas.

5.40.060    Selling of tickets of admission to places of public assemblage in public places and places open to the public prohibited – Exceptions.

*    For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101.

5.40.010 Owning taxable property in City – License tax.

Every peddler, solicitor or transient merchant who owns real or personal property located within the City used primarily for the business for which license application is made and which property is on the tax rolls of the City or is subject to such taxation, or who is an agent or representative of a person who owns property located within the City used primarily for the business for which license application is made and which property is on the tax rolls of the City or is subject to such taxation, shall pay a license tax as presently designated, or as may in the future be amended, in Section 5.40.010 of the master tax schedule in CVMC 5.07.030. (Ord. 2408 § 1, 1990; Ord. 1801 § 9, 1978; prior code § 18.63).

5.40.020 Not owning taxable property in City – License tax.

Every applicant for a license under this chapter as a peddler, solicitor or transient merchant who does not own real or personal property located within the City used primarily for the business for which license application is made and which property is not on the tax rolls of the City or subject to such taxation, or who is an agent or representative of a person who does not own property located within the City used primarily for the business for which license application is made and which property is not on the tax rolls of the City or subject to such taxation, shall pay a license tax as presently designated, or as may in the future be amended, in Section 5.40.020 of the master tax schedule in CVMC 5.07.030. The bonding requirement shall not apply to auctioneers regulated under Business and Professions Code Section 5710, et seq. (Ord. 2408 § 1, 1990; Ord. 2067 § 2, 1984; Ord. 1981 § 1, 1982; Ord. 1801 § 9, 1978; prior code § 18.64).

5.40.030 License required.

Each peddler, solicitor or transient merchant must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. Food vendors must have necessary health permits before issuance of a peddlers permit. Licenses must be applied for at least five working days prior to the event. Failure to comply with licensing requirements will result in citation and impoundment of wares. Violation by licensed peddlers will result, in addition to citation and impoundment, in cancellation of the license and, where applicable, in forfeit of bond. (Ord. 1981 § 1, 1982; Ord. 1801 § 9, 1978; prior code § 18.65).

5.40.040 Police regulation of peddler activity at parades and similar special events.

No stands shall be permitted on the public sidewalks along any parade route for the sale of food or nonfood items and no pushcarts, boxes or other objects shall be permitted that will block or otherwise impede the flow of pedestrian traffic. Because of the imminent danger of frightening parade horses or other participating domestic or wild animals, no horn devices or other loud noisemakers may be sold, given away or used in the vicinity of the parade route during the hours of any parade, including assembly and disbanding periods. Other than participants, press photographers and regulatory personnel, no one, including peddlers, will be allowed beyond the curbline. (Ord. 1981 § 1, 1982).

5.40.050 Soliciting, peddling prohibited in certain areas.

A. Notwithstanding any of the provisions of this chapter, it shall be unlawful for any person, either as principal or agent, to solicit, peddle, hawk or sell or vend any goods, wares, or merchandise, services, magazines, periodicals or other publications, or subscriptions for the same, regularly published newspapers excepted, or offer to, or distribute to, any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise, or services upon any street, sidewalk, alley, plaza or in any park or public place within the following limits of the City of Chula Vista: Any public area within a three-mile radius of the intersections of Heritage Road and Otay Valley Road in the City. (Ord. 2739-B § 1, 1998).

5.40.060 Selling of tickets of admission to places of public assemblage in public places and places open to the public prohibited – Exceptions.

A. It is the purpose and intent of this section to prohibit the unauthorized sale or resale for profit of admission tickets to places of public amusement or entertainment, including, but not limited to, stadiums, auditoriums, theaters, arenas and amphitheaters.

B. No person shall sell or resell for profit, or offer to sell or resell for profit, any ticket of admission to a place of public assemblage in or upon any public street sidewalk, park, or other public place or in or upon any place which is open to the public, except as otherwise provided herein.

C. The provisions of subsection (B) of this section shall not include or apply to the sale of such tickets at or from any ticket office, booth, or other similar place regularly and permanently established and maintained therefor with the express permission and authorization of the person or governmental agency in charge, care, or control, or the property where such office, booth or place is located.

D. For purposes of this section the following words and phrases are defined as follows:

1. “Place of public assemblage” shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall, arena or amphitheater which is open to the public upon compliance with requirements for admission thereto.

2. “Place open to the public” shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall, arena or amphitheater and the property upon which such place is located or any other property contiguous thereto which is under the same care, management, or control.

3. “For profit” shall mean for a price higher than the face value of the ticket. (Ord. 2739-B § 1, 1998).