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It shall be unlawful for a person, unless exempt under section 21.506, to engage in the activities of a solicitor in the unincorporated area of the County without having obtained a solicitor's license from the Issuing Officer.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
A solicitor's license shall be for a one year term unless the applicant requests a shorter term or the Issuing Officer in the exercise of discretion determines the license should be for less than one year. A solicitor's license may be renewed for one year within 30 days before it expires.
(Amended by Ord. No. 5493 (N.S.), effective 5-24-79; amended by Ord. No. 5737 (N.S.), effective 5-29-80; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8049 (N.S.), effective 5-7-92; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
(a) A solicitor's license is subject to sections 21.101-21.117 and any additional conditions in this chapter. In addition to the grounds for denying a new or renewal license provided in sections 21.108 and 21.109 respectively, the Issuing Officer may deny a new or renewal license if the Issuing Officer determines:
(1) The applicant has been convicted of an offense requiring the applicant to register as a sex offender under Penal Code section 290 and notwithstanding the time that has elapsed since the conviction the applicant presents a threat to the safety of members of the public with whom a solicitor would likely come into contact.
(2) The applicant is addicted to any substance prohibited by the Uniform Controlled Substances Act (Health and Safety Code Section 11000 et seq.) unless the applicant is enrolled and successfully participating in a drug treatment program approved by the Court.
(b) If the applicant intends to sell or deliver any food and/or beverage item, the Issuing Officer shall not issue the applicant a solicitor's license unless the applicant has been issued a food facility permit from the County Department of Environmental Health and Quality. If the applicant intends to set up a temporary stand to sell or deliver any food and/or beverage the Issuing Officer shall not issue the applicant a solicitor's license until the applicant has also obtained clearance from the County Department of Planning and Development Services that the temporary food stand is not prohibited by County zoning regulations.
(Amended by Ord. No. 7603 (N.S.), effective 4-13-89; amended by Ord. No. 7666 (N.S.), effective 9-19-89; Ord. No. 7670 (N.S.), adopted 9-26-89, effective 10-26-89, supersedes Ord. No. 7666; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
If the Issuing Officer grants a solicitor's license the Issuing Officer shall also issue an identification card that shows the licensee's name, address, physical description and the nature of the merchandise the licensee is authorized to sell or deliver and a current photograph of the licensee. The identification card shall show the expiration date of the license and shall contain a photograph of the licensee. The licensee shall prominently display the identification card on the outside front of his clothing while engaged in the activity for which he received the solicitor's license. The licensee shall provide the identification card to any peace officer who requests to examine it.
(Amended by Ord. No. 5493 (N.S.), effective 5-24-79; amended by Ord. No. 7603 (N.S.), effective 4-13-89; amended by Ord. No. 7666 (N.S.), effective 9-19-89; Ord. No. 7670 (N.S.), adopted 9-26-89, effective 10-26-89, supersedes Ord. No. 7666; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
The following persons are exempt from the requirement to obtain a solicitor's license:
(a) Students attending a public or private educational institution in San Diego County, in any of the grades K through 12 or attending a public or private college or university, raising funds for the school or a school sponsored activity;
(b) Persons with a fixed place of business in San Diego County, including merchants, farmers and ranchers, selling their own products;
(c) Certified Producers selling products at a certified farmer's market;
(d) Non-certified farmers' market vendors selling goods or services at a certified farmers' market so long as the operator and the vendor have complied with section 21.510.
(e) Persons who sell their goods at a rented stall of a lawfully operated swap meet licensed under this code; or
(f) Persons who sell their goods at a nonprofit community event for which a permit has been issued under sections 21.201 et seq.
(Amended by Ord. No. 5493 (N.S.), effective 5-24-79; amended by Ord. No. 7688 (N.S.), effective 12-21-89; amended by Ord. No. 7759 (N.S.), effective 6-5-90; Ord. No. 7763 (N.S.), adopted 6-12-90, effective 7-12-90, supersedes Ord. No. 7759; amended by Ord. No. 7898 (N.S.), effective 5-30-91; amended by Ord. No. 7940 (N.S.), effective 8-8-91; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
State law reference(s)--Educational institutions, Education Code, § 29003; farmer's markets, Administrative Code, § 1392.
As provided in Business and Professions Code section 16102, a veteran of the United States Army, Navy, Marines or Air Force, honorably discharged or released from active duty under honorable conditions, may sell any goods he owns without having to pay a fee for a solicitor's license.
(Amended by Ord. No. 5493 (N.S.), effective 5-24-79; amended by Ord. No. 7603 (N.S.), effective 4-13-89; amended by Ord. No. 7666 (N.S.), effective 9-19-89; Ord. No. 7670 (N.S.), adopted 9-26-89, effective 10-26-89, supersedes Ord. No. 7666; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
State law reference(s)--Veterans defined, Business and Professions Code, § 16102.
No person shall engage in the activity as a solicitor from 8:00 p.m. until 8:00 a.m. local time except by appointment.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
(a) It shall be unlawful for a solicitor to contact or attempt to contact any person at a residential or commercial property when there is a sign posted with letters at least 1/2 inch high that states, "No Solicitors, No Soliciting, Solicitation Prohibited" or any other similar language that indicates that solicitors are not welcome. As used in this section a residential property or commercial property includes all the land surrounding the residence or commercial facility.
(b) A solicitor has a duty before attempting to contact any person at a residential or commercial property to ascertain whether there is a sign as described in paragraph (a) above.
(c) It shall be unlawful for a solicitor to remain on property after being asked to leave by any person legally occupying the property.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
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