Chapter 5.28
PEDDLERS, SOLICITORS AND CANVASSERS1
Sections:
5.28.030 Certain activity prohibited.
5.28.050 Registration and permit requirements.
5.28.060 Application investigation.
5.28.070 Permit – Denial – Issuance.
5.28.080 Permit – Denial – Appeal.
5.28.090 Permit – Term – Renewal.
5.28.100 Permit – Revocation – Grounds.
5.28.110 Permit – Revocation – Appeal.
5.28.120 Identification requirements.
5.28.130 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 in people solicited;
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. 13-12 § 1, 2013; 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 a nonprofit organization as defined by Section 501(c)(3) of the Internal Revenue Code. 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. “Chief of police” refers to the chief of the Benicia police department or his or her authorized representative. (Ord. 13-12 § 1, 2013; Ord. 72-6 N.S. § 4, 1972; prior code § 5-402).
5.28.030 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. PST of any day and after the hour of 6:00 p.m. PST or 8:00 p.m. PDT;
C. Upon the premises posted with a sign stating in substance that no solicitors, peddlers, canvassers, or littering are permitted. (Ord. 13-12 § 1, 2013; Ord. 72-6 N.S. § 4, 1972; prior code § 5-415. Formerly 5.28.140).
5.28.040 Exceptions.
BMC 5.28.030(A) does not apply to a person who:
A. Solicits orders for products sold on an established route such as ice, bakery, water, or dairy products route;
B. Solicits orders from businesses on behalf of a wholesaler, jobber or manufacturer;
C. Solicits for a bona fide political or religious purpose;
D. Participates as a vendor in farmer’s markets/street or community fairs and is duly licensed in accordance with the provisions of BMC 5.06.060(B) or (C);
E. Is under 15 years of age;
F. Distributes handbills, pamphlets, circulars, or other informational materials door-to-door within the city, including commercial information disseminated in a way that does not involve face-to-face solicitation or peddling; or
G. Does charitable solicitation. (Ord. 13-12 § 1, 2013; 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 chief of police a sworn registration application on a form furnished by the chief of police. 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 chief of police knows the applicant sufficiently to be able to evaluate the applicant’s character and responsibility without the information from subsections (A)(6) and (A)(7) of this section, the chief of police need not require the applicant to furnish that information.
C. A one-time background security check fee 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 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. 13-12 § 1, 2013; 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 chief of police shall make an investigation of the applicant’s business and moral character. (Ord. 13-12 § 1, 2013; Ord. 72-6 N.S. § 4, 1972; prior code § 5-405).
5.28.070 Permit – Denial – Issuance.
A. The chief of police may deny an applicant a permit for soliciting, canvassing, or peddling on one or more of the following grounds:
1. Fraud, misrepresentation, or false statement contained in the application for registration permit;
2. Violation of any ordinance or regulation of the city;
3. Conviction of a crime or misdemeanor involving drugs, theft, trespassing, or of a violent nature;
4. Conducting the business of soliciting, canvassing or peddling in any other city 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; or
5. Unsatisfactory business responsibility or unsatisfactory character of applicant.
The chief of police 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 chief of police finds that the applicant’s character or business responsibility, or both, is satisfactory, he or she shall approve the registration permit and recommend the issuance of a business license. (Ord. 13-12 § 1, 2013; Ord. 72-6 N.S. § 4, 1972; prior code § 5-406. Formerly 5.28.090).
5.28.080 Permit – Denial – Appeal.
A person aggrieved by the decision of the chief of police may appeal the decision in accordance with Chapter 1.44 BMC. (Ord. 13-12 § 1, 2013; Ord. 07-32 § 1; Ord. 72-6 N.S. § 4, 1972; prior code § 5-407. Formerly 5.28.100).
5.28.090 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 chief of police 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 chief of police. (Ord. 13-12 § 1, 2013; Ord. 72-6 N.S. § 4, 1972; prior code § 5-410. Formerly 5.28.080).
5.28.100 Permit – Revocation – Grounds.
A. The chief of police 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 drugs, theft, trespassing, or of a violent nature; 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 chief of police mails notice of revocation to the applicant. (Ord. 13-12 § 1, 2013; Ord. 72-6 N.S. § 4, 1972; prior code § 5-411. Formerly 5.28.110).
5.28.110 Permit – Revocation – Appeal.
A person aggrieved by the action of the chief of police 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. 13-12 § 1, 2013; Ord. 07-32 § 1; Ord. 72-6 N.S. § 4, 1972; prior code § 5-407. Formerly 5.28.100).
5.28.120 Identification requirements.
Each solicitor, canvasser and peddler shall wear an identification card issued by the chief of police 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. 13-12 § 1, 2013; Ord. 72-6 N.S. § 4, 1972; prior code § 5-409. Formerly 5.28.130).
5.28.130 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 Chapters 5.04 and 5.06 BMC conflict with or duplicate this chapter, Chapters 5.04 and 5.06 BMC hold controlling authority. (Ord. 13-12 § 1, 2013; Ord. 72-6 N.S. § 4, 1972; prior code § 5-414. Formerly 5.28.150).
Prior legislation: Prior code §§ 5-403 and 5-408, amendments during 1980 codification.