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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)
(a) A certified farmers' market operator must obtain a solicitor's license under this chapter for non-certified farmers' market vendors to sell goods and services at the certified farmer's market in the unincorporated areas. The solicitor's license shall only apply to one specified location and shall not be transferrable. The license is effective for one year.
(b) (1) At least two (2) days prior to each certified farmers' market meeting, the operator is required to submit a list of all non-certified farmers' market vendors to the Sheriff's Licensing Division detailing the business name, address and intended items for sale.
(2) If a non-certified vendor has not been included in the operator's list to Sheriff's Licensing Division at least 48 hours prior to the market, the operator has discretion to allow the vendor to sell its goods or services at that one (1) meeting. The operator must notify Sheriff within a reasonable period of time of any vendor(s) who were not included on the list prior to the market meeting. Thereafter, that vendor may not participate in another certified farmers' market within the unincorporated areas unless the vendor is included on the Sheriff's list and approved by the Department. The operator shall ensure that any non-certified vendor who does not appear on the list is in compliance with the solicitor's ordinance and all other applicable permits, licenses and laws. Failure to follow this subsection is a violation of this chapter.
(c) Certified farmers' markets with three (3) or fewer non-certified vendors shall be exempt from the financial costs of the solicitor's license, but are required to comply with all reporting mechanisms included in this section. The operator will not be exempt from these costs if there are four (4) or more non-certified vendors at any two (2) events in a calendar year.
(d) All goods for sale at a certified farmers' market shall be limited to new or first-hand items only.
(e) The solicitor's license obtained by the certified farmers' market operator shall not take the place of any other required permit or license by the non-certified farmers' market vendor or the operator, including but not limited to a food facility permit by the Department of Environmental Health and Quality for the sale of food and/or beverage items.
(f) At all times, the Sheriff's Licensing Division shall have the authority to reject individual vendors based upon items and services for sale and public safety, in addition to those specified in section 21.504.
(g) Unless otherwise provided by law, this section shall not affect certified farmers' market producers.
(h) This section shall be effective on May 1, 2014.
(Added 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 any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Board of Supervisors hereby declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Added by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
(a) No solicitor shall have any recourse whatsoever against the County for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or the enforcement thereof.
(b) Except as expressly provided in this chapter, this chapter does not relieve any solicitor of any requirement of the County Charter or of any ordinance, rule, regulation or specification of the County.
(Added by Ord. No. 10330 (N.S.), effective 5-1-14; amended by Ord. No. 10822 (N.S.), effective 1-13-23)
ARTICLE 2. CHARITABLE SOLICITATIONS*
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*Note--A new article, titled Charitable Solicitations, and consisting of Sections 21.513--21.528 added by Ord. No. 5493 (N.S.), effective 5-24-79. Article repealed and new Article added by Ord. No. 6408 (N.S.), effective 8-26-82.
Cross reference(s)--Soliciting persons in vehicles, § 36.601 et seq.
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