Chapter 5.08
PEDDLING, SOLICITING, STREET VENDING
Sections:
Article I. Peddling and Soliciting
Article II. Street Vendors
5.08.120 Business license required.
5.08.150 Violations and penalties.
Article I. Peddling and Soliciting
5.08.010 Purpose.
The purpose of this article is to protect the safety and welfare of the citizens of the City of Healdsburg by regulating individuals entering upon private property for the purpose of peddling or soliciting as defined in this article in order to protect against unlawful activities or operations by individuals falsely representing themselves as peddlers or solicitors. This article is also intended to provide for better communication between the Healdsburg police department and potential peddlers and solicitors within the City, and to balance the rights and interests of those engaged in commercial and nonprofit activities with the concerns of the citizens about crime prevention and privacy invasion. (Ord. 924 § 1, 1996. Code 1964 § 11-40.)
5.08.020 Definitions.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.
“Engaged in business” means and includes the conducting, managing or carrying on of any such business, or assisting with the conducting, managing or carrying on of any such business, by any person, in any capacity.
“Peddler” means and includes any person who goes upon the premises of any private residence or commercial establishment in the City, not having been requested or invited by the occupant thereof, carrying, conveying or transporting foods, goods, wares, merchandise or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers. “Peddler” means and includes the words “hawker,” “huckster” and “itinerant merchant.”
“Person” means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, partnership, joint venture, and any other organization.
“Solicitor” means and includes any person who goes upon the premises of any private residence or commercial establishment in the City, not having been requested or invited by the occupant thereof, taking or attempting to take subscriptions, contracts of sale, or orders for the sale of food, goods, wares, merchandise or other personal property of any nature whatever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he collects advance payments on such sales or not. Solicitor includes persons soliciting funds or otherwise peddling or soliciting for nonprofit religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, political, environmental or fraternal purposes at any location in the City limits whether on public or private property. Solicitor does not include individuals soliciting signatures for recalls, initiatives or other petitions, as well as individuals distributing nonprofit religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, political, environmental, or fraternal literature or “writings,” as defined in California Evidence Code Section 250. (Ord. 924 § 1, 1996. Code 1964 § 11-41.)
5.08.030 Permit required.
It is unlawful for any person to engage in the business of peddling or soliciting by going from door-to-door, house-to-house or street-to-street for the purpose, direct or indirect, whether or not the same is the sole purpose, of peddling or soliciting, without first obtaining a permit therefor as provided in this chapter, except as provided in HMC 5.08.040 and 5.08.140. (Ord. 924 § 1, 1996. Code 1964 § 11-42.)
5.08.040 Permit exceptions.
The City has determined that the following persons and entities present a less significant safety risk to the public and require less police department interaction due to their nature, and as such shall not be required to obtain the permit required by HMC 5.08.030:
A. Persons soliciting orders from, or selling to, retail dealers for retail use or resale, or to manufacturers for processing.
B. Public agencies, such as federal, state or local agencies, supported by tax funds.
C. Any person operating a regular route not less than once a week for newspapers or such goods as ice, eggs, dairy or bakery products, or for laundry or dry cleaning services.
D. Persons delivering or soliciting for a newspaper of general circulation. (Ord. 924 § 1, 1996. Code 1964 § 11-43.)
5.08.050 Permit application.
A. Application for the permit required by this article or renewal thereof shall be by declaration under penalty of perjury in writing on a form to be provided by the chief of police. The application fee shall be set from time to time by resolution of the City Council. The fee shall include the cost of processing the application and performing a background check. The applicant shall give the following information as part of the application process:
1. Name, birth date, driver’s license or other identification number, Social Security number, and physical description of the applicant.
2. Permanent home address and telephone number, and local address and telephone number of the applicant.
3. The name and address for the applicant’s business or organization, his/her interest in or relationship with such business or organization, and, if the applicant is employed, the name and address of his/her employer together with credentials establishing the exact relationship between the applicant and such employer.
4. A brief description of the nature of the applicant’s business/organization and of the product or service to be peddled or solicited.
5. The length of time for which the permit to peddle or solicit is desired.
6. A statement whether or not the applicant has been convicted of any felony or a misdemeanor involving injury to persons or property or theft within seven years of the application for permit.
7. A statement as to whether any previously issued permits have been suspended or revoked.
8. A statement as to whether the applicant has failed to pay any judgment arising from or connected with the activities authorized by the permit.
B. All solicitors shall be fingerprinted by the City police department as part of the application process. (Ord. 924 § 1, 1996. Code 1964 § 11-44.)
5.08.060 Permit issuance.
A. The chief of police shall issue or deny a permit within 30 calendar days of receipt of a completed application. Each permit so issued shall state on the face thereof the date of expiration but shall be for no longer than one year, at which time it may be renewed.
B. A permit may be denied by the chief of police on the following grounds:
1. The applicant has been convicted of a felony or misdemeanor involving injury to persons or property or theft within seven years;
2. The applicant has been convicted of a violation of the provisions of this article;
3. The applicant’s permit has been previously revoked as herein provided;
4. The applicant has failed to pay any judgment arising from or connected with the activities authorized by the permit; or
5. Failure by the business applicant to pay the business license tax assessed by the City of Healdsburg.
C. Any solicitor added after the permit has been processed shall be issued identification within five working days, once all applicant requests have been met. (Ord. 924 § 1, 1996. Code 1964 § 11-45.)
5.08.070 Permit revocation.
Any permit issued hereunder shall be revoked by the chief of police if the holder of the permit is convicted of a violation of any of the provisions of this article, has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this article. Prior to revoking a permit, the chief of police shall give notice to the applicant of the grounds for revocation and allow the applicant to respond to said grounds. Notice of revocation shall be given in person or by certified mail addressed to his/her residence address as set forth in the application. (Ord. 924 § 1, 1996. Code 1964 § 11-46.)
5.08.080 Appeal.
A decision by the chief of police to deny or revoke a permit pursuant to this article may be appealed to the City Council within 30 days of the date of notification of denial or revocation. Such appeal must be in writing, filed with the City Clerk, and must specifically state the grounds for the appeal. (Ord. 924 § 1, 1996. Code 1964 § 11-47.)
5.08.090 Permit use.
Peddlers and solicitors shall comply with the following:
A. Display. Every applicant and his/her agents, employees, and representatives shall, at all times when engaged in peddling or soliciting activities, wear an identification card supplied by the chief of police attached to his clothing so that it is easily visible to persons they deal with, and at all times carry the permit used hereunder and exhibit it on request to any person.
B. Activities Creating Nuisance. No solicitor or peddler, in the course of activities regulated in this article, shall create any public nuisance or disturb the peace and quiet of the neighborhood by the use of loud noise, brilliant lights, or any act offensive to the senses.
C. Restricted Premises. No person shall peddle or solicit any premises which are posted with a clearly visible sign bearing the words “NO PEDDLERS OR SOLICITORS” or words of the same import. Said restriction shall not preclude any solicitor or peddler from leaving written materials at the premises so long as the owner or occupant is not disturbed.
D. Transfer Prohibited. It is unlawful for any person other than the licensee to use or wear any license, permit or badge issued under the provision of this article.
E. Hours Permitted. It is unlawful for any person to peddle or solicit any premises between the hours of 9:00 p.m. and 9:00 a.m. (Ord. 924 § 1, 1996. Code 1964 § 11-48.)
Article II. Street Vendors
5.08.100 Purpose.
The purpose of this article is to set forth specific regulations to govern the transient or nonpermanent vending of various goods in the City as defined by HMC 5.08.110. It is recognized that such transient operations may have negative land use, public safety, and traffic impacts which the City desires to regulate. (Ord. 924 § 1, 1996. Code 1964 § 11-49.)
5.08.110 Definitions.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.
“Vending” means the sale, or offering and exposing for sale, or solicitation of offers to purchase, or causing to be sold for cash or consideration, or soliciting, exposing, or offering for sale for delivery at a later time any property or service by any person from public property within the City at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by the person selling, offering to sell, or soliciting the sale of the property, except as provided for in Article I of this chapter. Vending also means the offering of foodstuffs, goods, wares or merchandise for sale or future delivery from a fixed place of business if the place of business is open seasonally or for a period of less than six months. Vendors include “itinerant merchants” and “street merchants.”
“Mobile vending vehicles” shall include, but not be limited to, any motor vehicle, truck, car, trailer, cart, wagon, conveyance, or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed, or pulled by hand, towed by a motor vehicle, wheelchair, motorcycle, bicycle, or other mobile device, or carried upon or in a motor vehicle or trailer.
“Person” means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, partnership, joint venture, and any other organization. (Ord. 924 § 1, 1996. Code 1964 § 11-50.)
5.08.120 Business license required.
It shall be unlawful for any person to vend any product or to allow other persons under that person’s employ to vend any product, within the corporate limits of the City, without first obtaining a business license from the City as provided by this article. (Ord. 924 § 1, 1996. Code 1964 § 11-51.)
5.08.130 Regulations.
A. No person shall vend in any of the following places within the City:
1. Within 500 feet of the closest point to the property line of a school servicing students 18 years of age or younger;
2. Within 300 feet of the closest point on the property line of a public park or public playground;
3. Within 300 feet of the closest point of the property line of a municipal center;
4. Within 100 feet of any street intersection;
5. At a location where space for pedestrian passage will be reduced to less than six feet;
6. On any sidewalk or street adjacent to a curb which has been designated as a white, yellow, blue, or red zone;
7. Within 15 feet of any crosswalk, fire hydrant, or driveway;
8. Within 100 feet of a like vendor, except where separated by a public street with four or more moving lanes.
B. No person shall vend at any location for more than 30 minutes without moving to a new location at least 300 feet removed therefrom and may not return to a location where the vendor has stopped to vend within the previous two hours.
C. Private Property Vending. No vendor shall stop, stand, or park, for the purpose of vending or exhibiting merchandise, at or on any privately owned property without first securing a use permit in accordance with the applicable zoning regulations. (Ord. 924 § 1, 1996. Code 1964 § 11-52.)
5.08.140 Exemptions.
The following activities shall be exempt from the provisions of this article:
A. Vending prepared foodstuffs from vehicles or trucks used for catering and located upon private property at the invitation of the property owner, solely for the use of the owner or the owner’s tenants or employees; provided, that the vehicle may stop at such site or business for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom and may not return to a location where the vehicle stopped to vend within the previous two hours;
B. Vendors on public property which is not owned by the City if permission to vend has been granted in writing by the property owner and a use permit obtained where applicable;
C. Public agencies;
D. Growers or producers of any agriculture commonly sold or offered for sale on the premises where grown or produced;
E. Vending in connection with any special event as permitted by the City of Healdsburg special permit process;
F. Free Speech. This article shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or make a speech, or to distribute religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, political, environmental or fraternal literature, writings, or products; provided, that such person shall not stand in such a location so as to create a hazard or to render it impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk. (Ord. 924 § 1, 1996. Code 1964 § 11-53.)
5.08.150 Violations and penalties.
A. No person shall engage in peddling, soliciting or street vending except as permitted by the provisions of this chapter.
B. Any person, firm or corporation who or which violates any provision of this chapter is guilty of a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or both. Every such violation shall be deemed a separate offense for each day or portion thereof during which such violation continues. (Ord. 924 § 1, 1996. Code 1964 § 11-54.)