SEC. 11-46.  BUSINESS TAX CERTIFICATE AND VENDOR PERMIT TO PEDDLE, SOLICIT OR CANVASS IN RESIDENTIAL AREA; FINGERPRINT REPORT REQUIRED.
   (A)   An applicant for an initial or renewed business tax certificate to peddle, solicit or canvass in residential areas, as shown on a map prepared by staff in the planning department, shall pay the business tax, unless exempt therefrom.
   (B)   Every person who peddles, solicits or canvasses in residential areas, as shown on a map prepared by staff in the planning department and regardless of whether that person is an independent contractor or employed by a certificant, shall pay an annual vendor permit fee and obtain a vendor permit from the collector before peddling, soliciting or canvassing in such areas. Vendor permit fees shall be established by resolution of the city council and shall be renewed annually.
   (C)   An applicant for a business tax certificate or a vendor permit shall pay an annual fee for a fingerprint report on himself/herself, performed by the State Department of Justice. The applicant, other than a disabled veteran applying for a business tax certificate as set out in section 11-9(B)(5), shall pay such fee even if the applicant is exempt from the business tax and other business tax fees.  The applicant shall provide the collector with one of the following forms of identification and shall be fingerprinted by the police department:
      (1)   Alien registration card issued by the United States Immigration and Naturalization Service;
      (2)   Driver's license or any identification containing a photograph, issued by any state or the District of Columbia;
      (3)   Passport issued by the United States or a foreign country;
      (4)   Foreign national identification issued by a foreign country; and/or
      (5)   Foreign military identification issued by a foreign country.
   (D)   The police department shall inform the collector whether the fingerprint report revealed that within seven years of the date the application was filed, the applicant was convicted of or pled no contest to any of the following crimes, or of an attempt or conspiracy to commit any of the following crimes:
      (1)   Murder, mayhem, kidnapping, robbery, assault with intent to commit a felony, assault, battery, rape, arson, burglary, or possession of burglarious instruments or deadly weapons, as defined in the Cal. Penal Code;
      (2)   Cal. Penal Code Sections 184 (theft), 484b (diversion of funds), 484e (theft of access card), 496(a) (receiving stolen property), or 503 (embezzlement);
      (3)   Crimes involving a controlled substance, as defined in Cal. Health and Safety Code Sections 11054, 11055, 11057, or 11058; and
      (4)   Any crime for which the applicant is required to register as a sex offender pursuant to Cal. Penal Code Section 290.
   (E)   If the police department informs the collector that the applicant has been so convicted or has so pled no contest within seven years of the date the application was filed, the collector shall deny the application for the business tax certificate and/or permit.  The collector shall deposit in the United States mail, postage prepaid, directed to the applicant at the mailing address stated in the application, a notice of denial, stating the reasons for denial.  An applicant whose business tax certificate application is denied may appeal the decision to the collector in accordance with section 11-26.  An applicant whose vendor permit application is denied may appeal the decision to the collector in accordance with section 11-49.
   (F)   If the police department informs the collector that the fingerprint report did not reveal that within seven years of the date the application was filed the applicant was so convicted or pled no contest, the collector shall grant the business tax certificate and/or permit and deposit the business tax certificate and/or permit in the United States mail, postage prepaid, directed to the applicant at the mailing address stated in the application.
   (G)   If the fingerprint report is not received by the police department from the State Department of Justice within 30 days of the date the applicant was fingerprinted, the collector, on request of the applicant, shall issue to the applicant a temporary business tax permit and/or a temporary permit to peddle, solicit or canvass in residential areas, which shall expire when upon receipt of the fingerprint report, the collect grants the application and sends the business tax certificate and/or permit to the applicant or the collector denies the application and gives written notice thereof to the applicant.
   (H)   While engaged in peddling, soliciting or canvassing in residential areas, certificants and all of their employees or independent contractors shall carry the business tax certificate, or a photocopy thereof, the vendor permit issued by the collector, and the identification provided to the collector pursuant to subsection (C) of this section.
   (I)   Certificants shall require that any of the following persons have a valid vendor permit issued by the collector:
      (1)   Any person who sells items owned by the certificant; or
      (2)   Any person who operates or sells items from a pushcart, wagon, or other non-motorized container owned by the certificant.
   (J)   If the city council adopts ordinances or resolutions restricting the locations, days and hours of the day that persons may peddle, solicit or canvass, or similar restrictions, the collector may state any such applicable restrictions on the business tax certificate and/or permit. The collector's failure to state restrictions on the business tax certificate and/or permit shall not relieve the certificant or permittee of the duty to comply with applicable ordinances and resolutions.
   (K)   (1)   A person, institution or organization, other than a disabled veteran applying for a business tax certificate as set out in section 11-9(B)(5), that is exempted by section 11-8 from some of the requirements of this chapter and that wishes to peddle, solicit or canvass in residential areas, as shown on a map prepared by staff in the planning department, shall, before engaging in such activities, apply to the collector for written approval to do so, pay a fee for a fingerprint report on each person who wishes to do so, and obtain written approval from the collector, in accordance with subsections (A) through (J) of this section. References in subsections (A) through (J) of this section to business tax certificates and permits and applications for business tax certificates and permits shall be deemed to refer to written approval and applications for written approval required for this subsection (K).
      (2)   All procedures and requirements contained in subsections (A) through (J) of this section for granting and denying business tax certificates and permits, including but not limited to carrying business tax certificates and permits while engaged in peddling, soliciting or canvassing in residential areas, shall apply to written approvals required by this subsection (K).
(`64 Code, Sec. 16-41)  (Ord. No. 2456, 2519, 2820, 2838)