(A) Every person engaged in the business or occupation of itinerant vendor shall pay a license fee of $100 per day.
(B) ITINERANT VENDOR means and includes all persons, both principal and agent, who engage in a temporary and transient business in the city, selling different articles of wearing apparel, dry goods, fancy foods, notions, jewelry, cutlery, groceries, machinery, vehicles of all kinds and types, hardware, tinware, mill products or merchandise of any class or character, with the intention of continuing such business in the city for a period of not more than 120 days and who, for the purpose of carrying on such business, has no fixed place of business or hires, leases or occupies any room, building or structure therein for the exhibition or sale of such items and articles as set forth above, or from which room, building or structure the sales are to be made or business solicited by means of samples or delivery from house to house; any such person or firm so engaged shall not be relieved from the provisions of this section by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such temporary or transient business in connection with, or as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
1. License required. No person, except a person having a fixed and permanent place of business in the city, and duly licensed to so engage in such business at such fixed and permanent place of business under the provisions of this chapter shall:
(a) Engage in the business of hawking, peddling or vending goods, wares, merchandise, periodicals, reading matter, pictures, foodstuffs, services, advertising or any other article or thing of any kind or nature whatsoever, from door to door, house to house, or building to building, or from or upon the streets, alleys, parks or other public places of the city, or from any hotel, motel, rooming house, trailer house, or other enclosure or place, on foot or from or in any vehicle of any nature whatsoever, either by sample or by taking or soliciting orders for immediate delivery or for delivery in the future;
(b) Engage in the business of photography, portraiture, photochromography, operating a photograph studio, taking pictures or any other branch of the photographic art whatsoever, or the rendering or performing of any other skill, profession or service, whether from door to door, house to house or building to building, or from or upon the streets, alleys or other public places of the city, or from any motel, hotel, rooming house, trailer house, enclosure or other place, on foot or from any type of vehicle whatsoever; or
(c) Engage in the business of soliciting orders for photographs, peddling tickets, certificates or other documents intended to apply in whole or in part payment for photographs, frames or other photographic merchandise, or other material or in any other manner whatsoever engage in the business of or soliciting orders for any branch of the photographic art in any respect, including copying, retouching, enlarging or coloring of photographs or photograph negatives and prints, or for the rendering or performing of any other skill, profession or service, without first having applied for a license to so engage in such businesses in conformity with the requirements of this chapter and without first having been issued the license to engage in such businesses pursuant to the application as provided for in subsection (B)2. of this section. No person shall be relieved from the provisions hereof or of any other section of this chapter by reason of associating temporarily with any local dealer, trader, merchant or auctioneer having a fixed place of business in the city, or by conducting a temporary, transient or itinerant business in connection with or as part of or in the name of any such local dealer, trader, merchant or auctioneer having a fixed place of business within the city.
2. License, application. All applicants for licenses under the provisions of the subsection (B)1. of this section must pay to the Finance Director an application fee of $5 and must make application therefor to the Finance Director of the city upon forms provided by the city, which forms shall require the following information from the applicant:
(a) Full name, permanent business address, local business address and residence address of the applicant, if an individual, or its authorized representative, if other than an individual applicant; the nature of the applicant, the full names, ages, addresses and that is, whether individual, partnership, firm, corporation or otherwise; and occupations of each person who shall actually vend, solicit or otherwise engage in any act whatsoever within the city required by this chapter to be licensed on behalf of or for the applicant, whether as principal, agent, servant, employee, associate, partner, representative or otherwise; and
(b) A specific description of the article or service proposed to be sold, vended or performed, whether for immediate or future delivery or performance and the proposed method of delivery and performance, including information as to whether such sales will be made by quantity, weight, quality, package or otherwise and whether delivery or performance will be made personally or by mail or in what other manner.
3. Documents to accompany application. In the event any form, contract, order blank, warranty, agreement or other written or printed document is to be signed by the purchaser or person receiving the property or service or is involved in any manner otherwise in the business of the applicant for a license as an itinerant peddler, solicitor, vendor or photographer, the application form must be accompanied by a copy of such form, contract, order blank, warranty, agreement or other written or printed document.
4. Photograph required. Each application for a license as required by this chapter must be accompanied by two prints of a recent photograph of each individual person who shall actually engage in vending, selling, soliciting, peddling or doing any other act required under this chapter, to be licensed, whether as principal, agent, servant, employee, associate, partner, representative or otherwise, which photographs shall not exceed two inches square in size and shall be full front views of the face and head only of such persons.
5. Cash deposit or bond required. In each case where it appears that the applicant will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance of services, the application shall be accompanied by a cash deposit of $1,000 or by a bond to the city in the penal sum of $1,000 issued by a surety company authorized to do business within the state. Such bond shall be conditioned for making final delivery of goods, wares or merchandise or for final performance of services to be performed in accordance with the order, agreement or contract entered into, and failing therein, the advance payment or deposit on such order shall be refunded or returned. Such cash deposit or bond, as the case may be, shall remain in full force and effect and be retained for a period of 90 days after the expiration of any such license or the termination of any action upon such bond or deposit of which the Finance Director shall have been notified, unless sooner released by the Finance Director.
6. Fee. Each application for a license shall be accompanied by such license fee as may be set forth in this chapter, unless exemption therefrom is approved by the city.
7. Fingerprints required. At the time of making the application for a license, as required by subsection (B)5. of this section, each individual person, whether as principal, agent, servant or employee who shall actually engage in selling, soliciting, vending or doing any other act covered under the provisions of the above mentioned subsection, shall present himself or 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 without expense by the city, including the physical characteristics of each person, identifying marks or scars, age, name, address and signature. Such fingerprint records are to be taken in triplicate and each individual so presenting himself or herself is advised that the city reserves the right to retain one of such fingerprint records, to the Federal Bureau of Investigation of the Department of Justice at Washington, D.C., and to the Criminal Investigation Department of the California Department of Justice at Sacramento, California, for the purpose of filing. No fingerprint records will be returned in the event the license applied for is not issued or is subsequently suspended or revoked.
8. Fee exemption. The following individual applicants shall be exempted from the payment of the license fees in this chapter, but must comply otherwise fully with the applicable requirements as to applications, fingerprinting, bonds and pictures:
(a) Every individual person exempted as an honorably discharged or honorably relieved soldier, sailor or marine under the provisions of Cal. Business and Professions Code § 16001. Such exemptions shall apply only to an individual applicant engaged in peddling, vending or soliciting for and by himself or herself alone, and shall not apply to any individual applicant, otherwise entitled to such exemption, who employs agents, servants or employees in such activities, nor apply to any other type of applicant, of which a person, otherwise entitled to such an exemption is an officer, member, agent or employee. All claims for such exemptions shall be referred to the veteran’s service officer of the county for investigation and recommendation;
(b) Every individual person selling and vending farm fruits and vegetables grown and produced by his or her own labor on real property belonging to or possessed by him or her, or selling or vending on property, where the property owner has been granted a conditional use permit for the sale of farm fruits and vegetables;
(c) Every applicant claiming 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 his or her right to engage in commerce with foreign nations or among the several states, or conflicts with the United States Constitution or the regulations of the United States Congress respecting interstate commerce or any other matter, shall file a verified statement with the Finance Director of the city disclosing the interstate or other character of his or her business entitled to such exemption. Such statement shall state the name and address of the company or firm or group for which the orders are to be solicited or secured or the sale made, the name of the nearest local or state manager, if any, and his or her address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or delivered, the method of solicitation or taking orders, the location of any warehouse, factory or plant in the state, the method of delivery, the name and address of the applicant and any other facts bearing on the issues of exemption. All claims for such exemptions shall be referred to the City Attorney for investigation and recommendation; and
(d) Any individual who presents his or her goods and/or services for sale at a residence, where the resident has specifically invited said vendor to his or her residence for said presentation for sale, except that such presentations for sale shall not exceed four times per year per residence.
9. Identification card, issuance.
(a) The character and fitness of every applicant shall first be investigated by the Police Department before any license or identification card shall be issued. After conducting such investigation, if the Police Department finds that the character, reputation or fitness of any such applicant is good, the Department shall notify the Finance Director, who shall issue the license and identification card in accordance with this section. If, after conducting such an investigation, the Police Department finds that the character, reputation or fitness of any such applicant is bad, then the Police Department shall recommend the denial of such license and identification card, which recommendation shall be transmitted to the Finance Director. The Finance Director shall thereupon notify the applicant of such fact.
(b) Upon the receipt of the application accompanied by the required documents, the approval of the Police Department and appropriate fees, if any, the Finance Director shall issue a business license to the applicant and individual identification cards to all persons who shall actually solicit for or on behalf of the applicant, whether as principal or otherwise. Such identification card shall have affixed to it one of the pictures filed by the applicant, and shall contain reference to the issuance of the license, a description of the individual to whom issued, date of expiration and the signature of the individual to whom issued. In case the applicant claims an exemption from the payment of license fees under the provisions of subsection (B)8. of this section, the Finance Director shall issue such license only after he or she has reviewed the reports and recommendation of the county veteran’s service officer, the agricultural commissioner of the county or the City Attorney, as the case may be, and is satisfied therefrom that the applicant is entitled to the exemption.
10. License and identification card to be carried on person. Each applicant for a license, or if other than individual, its representative, must at all times retain in his or her possession the business license issued by the Finance Director and each person issued an identification card must retain the same in his or her personal possession at all times while engaged in the business so licensed within the city and must produce and show the same on the demand of any person solicited or of any police officer or official of the city. No license or person issued an identification card shall alter, remove or obliterate any entry made upon such license or card or deface such license or card in any way. Each license and card shall be personal and not assignable or transferable, nor shall any license or card be used by any person other than the licensee or the person for whom issued.
11. Conditions and regulations applicable to license. The following conditions and regulations shall also apply to the exercise of the privileges granted by licenses issued under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code.
(a) Shouting, horn blowing, calling wares. No person acting under authority of any license issued pursuant to this chapter shall shout, blow horns or call his or her wares in a loud, boisterous or unseemly manner, or to the disturbance of citizens in the city.
(b) Identification by comparing signature with that on license. Every licensee or holder of an identification card, upon the request of any police officer or other officer of the city, shall sign his or her name for comparison with the signature upon the license or card or the signature upon the license application.
(c) Orders to be written in duplicate. Any person acting under authority of any license issued under this chapter who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery. One copy of such order shall be given to the customer.
(d) Loitering on streets, or private property. No licensee or his or her agent, servant or employee shall stop or remain in any one place upon the streets, alleys, or public places in the city longer than necessary to make a sale to a customer wishing to buy, except by prior permission of the City Manager, nor shall any licensee or his or her agent, servant or employee stop or remain upon any private property within the city without the consent of the owner thereof or some person having authority to grant such permission.
12. Revocation and suspension. In the event that the Chief of Police of the city has reasonable cause to believe and does believe that any licensee or other person employed by or representing such licensee is violating any of the provisions of this chapter or any other law or ordinance relating to the business of the licensee, he or she shall have power to and shall be authorized to suspend such license and all identification cards so issued. If no written appeal is filed with the City Clerk protesting such suspension within two days of the date of such suspension, such suspension shall be deemed permanent and all such licenses or identification cards issued thereunder shall be deemed revoked.
13. Appeals to City Council. In the event that any applicant desires to appeal from any order, denial of exemption, order of suspension or any other ruling of the Finance Director, the Chief of Police or any other officer of the city, made under the provisions of this chapter dealing with itinerant peddlers, solicitors, vendors, photographers and others, such applicant or any other person aggrieved shall file written notice of such appeal with the City Clerk and such matters shall be heard at the next regular meeting of the City Council, at which time the City Council shall hear and receive evidence, written and oral upon all matters involved. The decision of the City Council shall be final upon all parties concerned.
14. Solicitation unlawful where “No Peddlers” sign posted. It is unlawful for any person described in this section to perform or attempt to perform the acts described in this section by ringing the doorbell or knocking at the door or otherwise calling attention to his or her presence of or at any residence, whereon a sign bearing the words “No Peddlers”, or words of similar import is painted or affixed so as to be exposed to public view, and no such person described in this section shall perform or attempt to perform any of the acts described in this section in any building, structure or place of business whereon or wherein a sign bearing the words “No Peddlers” or words of similar import, is painted or affixed so as to be exposed to public view.
(Ord. 405, passed 6-2-1992)