Chapter 9.18
PEDDLERS AND SOLICITORS

Sections:

9.18.010    Legislative Findings.

9.18.020    Definitions.

9.18.030    Peddler – Use required.

9.18.040    Exception – Non-profit organizations.

9.18.050    Peddler – ApplicatIon for license.

9.18.060    Peddler – Contents of application.

9.18.070    Peddler – Other information.

9.18.080    Peddler – Application fees.

9.18.090    Peddler – Photograph required.

9.18.100    Peddler – Fingerprints required.

9.18.110    Peddler – Investigation – Character and business responsibility.

9.18.120    Peddler – License to be carried on person.

9.18.130    Peddler – Conditions and regulations.

9.18.140    Peddler – Revocation of license.

9.18.150    Peddler’s license – Appeals to city manager.

9.18.160    Peddling unlawful where no peddlers sign posted.

9.18.170    Distribution of Handbills – Excluded.

9.18.010 Legislative Findings.

The city council of the City of Vacaville finds and declares as follows:

A. Unrestricted door-to-door peddling and solicitation provides opportunities for the commission of crimes, such as fraud, theft, trespass, vandalism and the sale of stolen property, and undue annoyance to unsuspecting residents of the city.

B. The records and files of the police department indicate that residents of the city have been the victims of such crimes and undue annoyance committed by peddlers and solicitors or persons posing as peddlers or solicitors.

C. In order to minimize the threat of such crimes and undue annoyance against city residents and to assist the police department in the investigating of such crimes and complaints of undue annoyance, the city council deems it necessary to regulate the activities and conduct of peddlers and solicitors within the city.

(Ord. 1696, Added, 07/22/2003)

9.18.020 Definitions.

A. “Chief of police” shall mean the chief of police or his/her designee.

B. “City manager” shall mean the city manager or his/her designee.

C. “License” shall mean the peddler’s license required under this chapter.

D. “Non-profit organization” shall mean an organization organized and conducted for non-profit purposes only.

E. “Peddler” shall mean any person who goes from house to house or from place to place in the city engaged in the business or activity of peddling.

F. “Peddling” shall mean the selling or taking orders for or offering to sell or take orders for goods, wares and merchandise for present or future delivery or for services to be performed immediately or in the future whether such person has, carries or exposes a sample of such goods, wares and merchandise or not and whether such person is collecting advance payments on such sales or not.

G. “Soliciting” or “solicitation” shall mean the soliciting of money, property or other consideration.

H. “Solicitor” shall mean any person who goes from house to house or from place to place in the city engaged in the business or activity of solicitation.

(Ord. 1696, Added, 07/22/2003)

9.18.030 Peddler – License required.

Except as otherwise provided in this section, it is unlawful for any person to act as a peddler within the city without having first obtained a license issued pursuant to this chapter.

(Ord. 1696, Added, 07/22/2003)

9.18.040 Exception – Non-profit organizations.

The licensing requirements of this chapter shall not apply to peddling or solicitation by non-profit organizations when the money, property or consideration derived therefrom is used solely for charitable, benevolent or non-profit purposes and not for personal or private gain. Persons, however, engaged in the business of peddling or soliciting on behalf of a non-profit organization:

A. Shall conduct themselves in accordance with the conditions and regulations set forth in:

1. Subsections 9.18.130.A, B, D, and E of this code;

2. Section 9.18.160 of this code; and

3. Other conditions and regulations set forth elsewhere in this code pertaining to such organizations.

B. Shall retain in his/her possession and produce and show on the demand of any person solicited or approached or of any police officer, official or employee of the city written identification indicating:

1. The person’s full name, business address and telephone number;

2. The name and address of the organization upon whose behalf the person is acting; and

3. The name, address, and telephone number of an organizational official who can verify that the person is acting on the organization’s behalf.

C. Shall not commit fraud or misrepresentation or make false statement while engaged in the business of peddling or soliciting;

D. Shall not have been convicted of any crime or misdemeanor involving moral turpitude; and

E. Shall not conduct the business or activity of peddling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a threat or menace to the health, safety or general welfare of the public.

(Ord. 1696, Added, 07/22/2003)

9.18.050 Peddler – Application for license.

Applicants for a license under this chapter shall file with the chief of police an application in writing on a form to be prescribed by the chief of police.

(Ord. 1696, Added, 07/22/2003)

9.18.060 Peddler – Contents of application.

The application for a license shall contain the following information:

A. The name and current address of the applicant;

B. The name, address and telephone number of the person, firm, company, entity or corporation employing the applicant or on whose behalf the applicant is acting;

C. The applicant’s length or term of service with such person, firm, company, entity or corporation;

D. The place of residence and nature of the applicant’s relationship with such person, firm, company, entity or corporation during the last preceding year;

E. The nature or character of the goods, wares merchandise or services to be offered by the applicant;

F. The applicant’s personal description; and

G. A list of the applicant’s convictions of any crimes, misdemeanors, violations of municipal ordinances, including the date of conviction, the nature of the offense and the penalty assessed therefor.

(Ord. 1696, Added, 07/22/2003)

9.18.070 Peddler – Other information.

Such information shall be accompanied by such credentials and other evidence of good moral character and identity of each applicant as may be reasonably required by the chief of police.

(Ord. 1696, Added, 07/22/2003)

9.18.080 Peddler – Application fees.

A. The application fees required hereunder shall be set by resolution of the city council, which shall include the following:

1. A fee, payable in advance, for each new application where an investigation of the applicant is required; and

2. A fee, payable in advance, for each replacement application or issuance of a new license.

B. Fees and investigations as used in this section refer solely to individuals and not to firms.

(Ord. 1696, Added, 07/22/2003)

9.18.090 Peddler – Photograph required.

Each application for a license as required by this chapter shall be accompanied by two prints of a recent photograph of the applicant, to be provided by the applicant. The photographs shall not exceed two inches square in size and shall be a full front view of the applicant’s face only.

(Ord. 1696, Added, 07/22/2003)

9.18.100 Peddler – Fingerprints required.

At the time of making the application for a license, each applicant shall present himself/herself at the office of the chief of police of the city for the purpose of being fingerprinted and supplying routine information required on the fingerprinting forms provided by the city, including the physical characteristics of each person, identifying marks or scars, age, name, current address and signature. Such fingerprint forms shall be taken in triplicate and each individual so presenting himself/herself is advised that the city reserves the right to retain one of the fingerprint forms in its files for permanent safekeeping and to send the other fingerprint forms to the Federal Bureau of Investigation of the Department of Justice in Washington, D.C. and to the Criminal Investigation Department of the California Department of Justice in Sacramento, California, or to such other criminal investigation agency of the federal, state or county government. No fingerprint forms or records will be returned to the applicant in the event the license applied for is not issued or is subsequently suspended or revoked for any reason.

(Ord. 1696, Added, 07/22/2003)

9.18.110 Peddler – Investigation – Character and business responsibility.

Upon receipt of a completed application, which shall include the completed application form, supporting documentation, fingerprint cards, and all applicable fees, the chief of police shall make an investigation of the applicant’s character and business responsibility. If the applicant’s character or business responsibility is found to be unsatisfactory for one or more of the reasons specified in Sections 9.18.140.A.1 through A.5 of this chapter, the chief of police shall endorse on such application his/her disapproval and the reason therefor and shall notify the applicant that the application is disapproved and that no license will be issued. In the event of such disapproval, the applicant shall have the right to appeal such disapproval as provided in Section 9.18.150 of this code. If the chief of police finds that none of the reasons specified in Sections 9.18.140.A.1 through A.5 exist, the chief of police shall endorse his/her approval on the application and shall issue the license to the applicant.

(Ord. 1758, Amended, 04/11/2006; Ord. 1696, Added, 07/22/2003)

9.18.120 Peddler – License to be carried on person.

Each person issued a license hereunder shall at all times retain in his/her possession such license at all times when engaged in the business so licensed for within the city and must produce and show the same on the demand of any person solicited or of any police officer, official or employee of the city. No person issued a license 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 or the person for whom issued. Any attempt to so assign, transfer or permit the use of such license or car shall be grounds for immediate revocation of such license.

(Ord. 1696, Added, 07/22/2003)

9.18.130 Peddler – Conditions and regulations.

The following conditions and regulations shall also apply to the exercises of the privileges granted under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code, including, but not limited, Section 5.16.090 of this code:

A. Shouting – Calling Wares. No person acting under the provisions of this chapter shall shout or call out in a loud, boisterous or unseemly manner, nor shall he/she disturb or annoy the citizens or dwellers in the city.

B. Permitted Hours. Peddling and solicitation shall be permitted between the hours of 8:00 a.m. and 6:00 p.m. PST and 8:00 a.m. and 8 p.m. PDT only.

C. Identification by Signature. Every peddler, upon the request of any police officer, official or employee of the city, shall promptly sign his/her name in order to compare the signature with the signature upon the license or license application.

D. Order to Be Written in Duplicate. Any person acting under authority of this chapter who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the item or service ordered, the quantity or amount ordered, the price to be paid therefor, the total amount ordered and the amount to be paid upon or after delivery. One copy of such written order shall be given to the customer or person solicited or approached.

E. Every peddler and solicitor shall, upon request of any person solicited or approached, provide:

1. The peddler’s or solicitor’s full name, business address and telephone number; and

2. The name, business address and telephone number of the person, firm, company, entity or corporation on whose behalf the solicitation is being made.

F. Every peddler shall notify the chief of police of any change in address by the peddler or the person, firm, company, entity or corporation employing the peddler or on whose behalf the peddler is acting.

(Ord. 1696, Added, 07/22/2003)

9.18.140 Peddler – Revocation of license.

A. A license issued under this chapter may be suspended or revoked by the chief of police for any of the following causes:

1. Fraud, misrepresentation or false statement contained in the application for license;

2. Fraud, misrepresentation or false statement made by the peddler in the course of carrying on his/her business as a peddler;

3. Any violation of this chapter;

4. Conviction of any crime or misdemeanor involving moral turpitude;

5. Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a threat or menace to the health, safety or general welfare of the public.

B. This section shall be self-executing and the suspension or revocation shall be effective immediately. The chief of police shall give notice of the suspension or revocation to the peddler either in person or by written notice mailed or delivered to the peddler’s last known address.

(Ord. 1696, Added, 07/22/2003)

9.18.150 Peddler’s License – Appeals to city manager.

In the event that any applicant or peddler desires to appeal any order, revocation or other decision of the chief of police or any other officer, official or employee of the city made under the provisions of this chapter, such applicant or peddler may file a written notice of appeal with the city clerk and such matter shall be considered by the city manager at a time and place set by the manager within a reasonable time after receipt of the appeal, at which time the city manager shall hear and receive evidence, written and oral, upon all matters involved. Within a reasonable time following the conclusion of such hearing, the city manager shall render his/her decision on the matter. The decision of the city manager shall be final and binding upon all parties concerned.

(Ord. 1696, Added, 07/22/2003)

9.18.160 Peddling unlawful where no peddlers sign posted.

It is unlawful for any peddler or solicitor to engage in the activities described in subsections 9.18.020.F and G of this code at any place or residence within the city where the statement “No Peddlers”, “No Solicitors” or words of similar import is posted, painted or affixed so as to be exposed to public view.

(Ord. 1696, Added, 07/22/2003)

9.18.170 Distribution of Handbills – Excluded.

Excluding those activities described in subsections 9.18.020.F and G of this code, nothing in this chapter shall prohibit persons from distributing handbills, pamphlets, circulars or other informational materials door-to-door within the city without a permit, including commercial handbills distributed in a manner that does involve face-to-face solicitation or peddling.

(Ord. 1696, Added, 07/22/2003)