Chapter 5.44
PEDDLERS AND SOLICITORS
Sections:
5.44.010 Definitions.
5.44.020 License—Investigation of applicants.
5.44.030 License—Application disapproval—Appeals.
5.44.040 Identification permit—Possession and use.
5.44.050 Identification permit—Revocation conditions.
5.44.060 Interstate commerce exemptions.
5.44.070 Veterans’ exemptions.
5.44.080 Limitations on affidavits and certificates.
5.44.090 Confidential documents.
5.44.100 Violation—Penalty.
5.44.010 Definitions.
For the purpose of this chapter:
A. "Peddler" means any person, including salesman and vendor, who goes from house to house, place to place (or to any one house or to one place), or in or along the streets within the City, selling and making immediate delivery or offering for sale and immediate delivery any goods, merchandise, wares, newspapers, magazines or services, or anything of value in the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services; or any person who engages in the business of going from house to house, or to any one house, within the City for the purpose of personally handing out or displaying to the occupant of such house any advertising concerning, or samples of such commodities and services.
B. "Solicitor" means any person, including salesman and vendor, who engages in the business of going from house to house, place to place (or to any one house or to one place), or in or along the streets within the City selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise, newspapers, magazines or services, or other thing of value, for future delivery or for services to be performed in the future, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services; or any person who engages in the business of going from house to house, or to any one house, within the City for the purpose of personally advertising or promoting, with or without samples, the sale of such commodities or services. (Ord. 360 § 1, 1954: Ord. 261 § 1, 1950)
5.44.020 License—Investigation of applicants.
The Chief of Police of the City, upon being advised of the application of an applicant for a business license for the business or occupation of a solicitor or peddler in the City, and upon being furnished the information and records required by the provisions of this chapter, shall investigate the applicant, as set forth in this chapter. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall issue an identification permit in favor of the applicant for the carrying on of the business or occupation of a solicitor or peddler in the City, which permit, and the business license issued in connection therewith, shall be valid for the period of ninety days only, and subject to the revocation provisions of this chapter. (Ord. 261 § 3 (part), 1950)
5.44.030 License—Application disapproval—Appeals.
If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Chief of Police shall make his findings and reasons for disapproval and transmit the same to the City Clerk, who shall notify the applicant that his application is disapproved and that no permit or license will be issued. Upon the disapproval of such application as a result of the findings of the Chief of Police, any person aggrieved by the action of the Chief of Police, and the denial of the application for a permit or a license, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Council, within ten days after notice of the action complained of has been mailed to the applicant’s last known address (or to the applicant’s address as appearing on his application), a written statement setting forth fully the grounds of appeal. The Council shall set a time and place for a hearing of such appeal, and notice shall be given to the appellant by mail, postage prepaid, to his address as aforesaid, at least five days prior to the date set for a hearing. The disposition and order of the Council shall be final and conclusive. (Ord. 261 § 3 (part), 1950)
5.44.040 Identification permit—Possession and use.
A. No identification permit issued under this chapter shall be transferable, and the same, as issued, shall be personal to the person to whom issued.
B. Any identification permit issued under the provisions of this chapter shall be valid only between the hours of nine a.m. and six p.m. of any day.
C. Any identification permit issued hereunder shall be kept in the possession and on the person of the solicitor or peddler to whom it is issued, and, upon demand of the Chief of Police or a member of the Police Department of the City, must be produced for examination. (Ord. 261 § 4, 1950)
5.44.050 Identification permit—Revocation conditions.
A. Identification permits issued under the provisions of this chapter may be revoked by the Chief of Police for any of the following reasons:
1. Fraud—Misrepresentation or false statements contained in the application for the identification permit;
2. Fraud—Misrepresentation or false statements made in the course of carrying on the business of peddling or soliciting;
3. Conviction of any crime or misdemeanor involving moral turpitude;
4. Conducting the business of peddling or soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace and to constitute a menace of the health, safety or morals or general welfare of the public;
5. Any violation of this chapter or of the Business License Ordinance and/or ordinances of the City.
B. Upon the revocation of any identification permit issued under this chapter, the Chief of Police shall make his findings and reasons for revocation and transmit them to the permittee whose license has been revoked, and a copy thereof to the City Clerk. Revocation of an identification permit automatically revokes the business license to which the identification permit applies.
C. The permittee, whose permit has been revoked shall have the right of appeal to the City Council in the same manner and in conformity with the same procedure as set forth in Section 5.44.030 of this chapter. (Ord. 261 § 5, 1950)
5.44.060 Interstate commerce exemptions.
A. Every peddler, solicitor or other person claiming on behalf of his employer to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that such license casts a burden upon its right to engage in commerce with foreign nations or among the several states, or conflicts with the laws of the United States Congress respecting interstate commerce, shall file a verified statement with the City Clerk disclosing the interstate or other character of his business entitling him to such exemption.
B. Such statement shall contain:
1. The name and location of the company or firm for which the orders are to be solicited or secured;
2. The name of the nearest local or State manager, if any, and his address;
3. The kinds of goods, wares or merchandise to be delivered;
4. The place from which the same are to be shipped or forwarded;
5. The method of solicitation or taking orders;
6. The location of any warehouse, factory or plant within the State represented by such peddler or solicitor or other person so claiming exemption;
7. The method of delivery;
8. The name and location of the residence of the applicant; and
9. Any other facts necessary to establish such claims of exemption.
C. A copy of the order blank, contract form or papers used by such person in taking orders shall be attached to the application. (Ord. 426 § 4 (part), 1957)
5.44.070 Veterans’ exemptions.
Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that he is an honorably discharged or released soldier, sailor or marine of the United States, who is physically unable to obtain a livelihood by manual labor and who shall be a qualified elector of the State, as provided or hereafter to be provided by Section 16001 of the Business and Professions Code or other law of the State, shall, in addition to the information required in this chapter for issuance of license, also file with such bureau a certificate of a regularly licensed and practicing physician dated within a month of the application, to the effect that the applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of such incapacity. (Ord. 426 § 4 (part), 1957)
5.44.080 Limitations on affidavits and certificates.
No affidavit, statement or certificate required under any provision of this chapter shall be conclusive upon the City, or any department, officer or agent thereof, and whenever it shall appear to the satisfaction of the City Council, or any member or officer shall have reason to believe that such affidavit, statement or certificate does not set forth the true facts required by this chapter, the City Council or such officer may withhold the issuance of the license until such time as the applicant shall furnish satisfactory evidence of the truth of such statement, affidavit or certificate. (Ord. 426 § 4 (part), 1957)
5.44.090 Confidential documents.
A. The affidavit, statements and certificates, and any other documents required by this chapter to be filed, shall be deemed confidential in character, and shall not be subject to public inspection, and shall be kept so that the contents thereof shall not become known, except to the persons concerned with the administration of this chapter.
B. Any officer or employee of the City who shall wilfully violate any provision of this section shall be deemed guilty of a misdemeanor, and shall be punished as provided in this chapter, and such violation shall be cause for discharge from the service of the City. (Ord. 426 § 4 (part), 1957)
5.44.100 Violation—Penalty.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the City shall be guilty of a misdemeanor, unless the violation is made an infraction by ordinance.
B. Except in cases where a different punishment is prescribed by ordinance of the City, any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.
C. Any person convicted of an infraction for violation of an ordinance of the City is punishable by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;
3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.
D. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person, and he shall be punishable accordingly.
E. In addition to the penalties set out in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 978 § 2 (part), 1987: Ord. 261 § 6, 1950)