Chapter 5.36
SOLICITORS*
Sections:
5.36.010 Solicitor’s permit required.
5.36.020 Permit application.
5.36.030 Procedures for permit issuance.
5.36.040 Expiration – Renewal.
5.36.050 Display of identification card.
5.36.060 Denial or revocation of solicitor’s permit.
5.36.070 Bond requirements.
5.36.080 Noncompliance a misdemeanor.
*Prior legislation: 1960 code § 14.24.
5.36.010 Solicitor’s permit required.
Each person shall obtain a solicitor’s permit from the police department before engaging in the business of selling or soliciting at residences, or in a residential neighborhood, in the City.
The term “business of selling or soliciting” includes selling or soliciting orders for the sale of any goods, merchandise, magazines, papers, periodicals, services or any other form of business involving canvassing, peddling or soliciting from house to house or within public places.
This chapter does not apply to a person who solicits or sells only to established businesses or to a person who seeks voluntary contributions and does not offer any service or tangible thing in exchange. (Ord. 2065 § 1(A), 2018; Ord. 1371 § 1, 1991)
5.36.020 Permit application.
A person seeking a solicitor’s permit shall complete an application form and submit it to the police department. The application shall include the following information: (1) name; (2) social security number; (3) temporary address, if any; (4) permanent address; (5) driver’s license number; (6) physical description of the person; (7) telephone number; (8) whether the person has ever been arrested and the disposition of each arrest; (9) addresses for the past year; (10) employer’s name and address; and (11) the goods or services provided.
The police department shall also take fingerprints and a photograph of the person. (Ord. 1371 § 1, 1991)
5.36.030 Procedures for permit issuance.
After a person submits a completed application as described in LMC 5.36.020, the following procedures apply:
A. The applicant shall pay a fee in the amount set by resolution of the City Council to cover the cost of processing the application. The fee is to be paid to the city police department. This fee, however, shall not apply to an applicant who solicits or sells on behalf of a bona fide nonprofit organization which qualifies for tax exemption under California Revenue and Taxation Code Sections 206 and 214.
B. The applicant shall obtain a business license from the city finance division.
C. The applicant shall post a bond with the city finance division.
D. Within seven calendar days after the application is submitted and the fee paid, the City shall issue the permit, subject to other conditions in LMC 5.36.050 and the exceptions in LMC 5.36.060. The City shall issue the permit in the form of an identification card. The City shall retain the application form in its files. (Ord. 2065 § 1(A), 2018; Ord. 1908 § 20, 2010; Ord. 1371 § 1, 1991)
5.36.040 Expiration – Renewal.
A. The solicitor’s permit and the identification card expire one year after the date of issuance or at the time the business license expires, whichever is sooner.
B. The permit may be renewed by following the same procedures set forth in LMC 5.36.020 and 5.36.030 for a new application. (Ord. 1371 § 1, 1991)
5.36.050 Display of identification card.
A person engaging in the business of selling or soliciting under this chapter shall carry the identification card at all times while selling or soliciting, and shall display the identification card upon request. (Ord. 1371 § 1, 1991)
5.36.060 Denial or revocation of solicitor’s permit.
A. The police department shall deny an application, or revoke a permit already issued, if:
1. The applicant has previously been convicted of a felony or misdemeanor involving moral turpitude. The Chief of Police may disregard the conviction if he or she finds and determines that mitigating circumstances exist, such as evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of conviction, or the fact that the permit applied for is unrelated to the conviction; or
2. The applicant has provided false information on the permit application.
B. The action of the Chief of Police in denying or revoking the permit may be appealed in accordance with the provisions of Chapter 1.22 LMC. If the permit is revoked, the person shall promptly return the identification card to the City. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(J), 2017; Ord. 1371 § 1, 1991)
5.36.070 Bond requirements.
A. Each person who engages in the business of selling or soliciting under this chapter and who demands, accepts or receives payment or deposit of money in advance of delivery of the goods, merchandise, magazines, papers, periodicals or services shall first file a cash deposit or bond with the city finance division, except as provided in subsection C of this section.
B. The bond shall be in the amount of $5,000 and executed by the solicitor and a surety company admitted to the surety business of the state. The bond shall be conditioned upon the delivery of the ordered goods, merchandise, magazines, papers, periodicals or services in accordance with the order, or the refund of the advance payment on the order. The bond shall name all persons residing in the City as obligees.
Any resident person aggrieved by the action of a solicitor shall have a right of action on the bond or cash deposit for recovery of the money advanced, or damages, or both. The bond shall remain in full force and effect, and in case of a cash deposit, shall remain on deposit with the city treasurer, for a period of 90 days after the expiration of the permit issued under this chapter.
C. The bond requirement of this section does not apply to a person engaged in interstate commerce. (Ord. 2065 § 1(A), 2018; Ord. 1908 § 21, 2010; Ord. 1371 § 1, 1991)
5.36.080 Noncompliance a misdemeanor.
A person who fails to comply with this chapter is guilty of a misdemeanor. (Ord. 1371 § 1, 1991)